The URL can be used to link to this page

Home My WebLink About040411_ca01 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator DATE: April 4, 2011 SUBJECT: HEARING NOTICE re: Community Development Block Grant (CDBG) Application; 2011 Public Service Grant and Close Out of the 2010 Public Service Grant; Olympic Community Action Programs (OIyCAP); Hearing Scheduled for Monday, April 18, 2011 at 10:15 a.m. in the Commissioners' Chambers STATEMENT OF ISSUE: OlyCAP, a non-profit organization, has requested that the County continue to work \'lith them to administer a CDBG Grant from CTED. The State requires a governmental agency to receive the funds. ANALYSIS: In 1998, Jefferson County and OlyCAP entered into an agreement (F-98-74098-047) with CTED for a CDBG Grant to provide essential services to low-income clients in Jefferson County. A grant application is submitted annually in order to continue funding. A public hearing is required. At this hearing, the Board will also take comments on the new grant proposal and on the activities from the previous year in order to close out the 2010 grant. FISCAL IMP ACT: The total grant funding is $71,474 and the County receives $1,500. RECOMMENDATION: The Board sign the hearing notice on the CDBG Grant. The hearing is set for Monday, April 18, 2011 at 10: 15 a.m. in the Commissioner's Chambers. The notice will be published in The Leader on April 6 and 13, 2011. REVIEWED BY: _ " ,,/)'1 /) 'j;':''''', 1/ 1/4 ,~,~.~l.-1 [/ ~, ,Y;" , ,/,~ -OOp Morley, County Administrator j ." .,,/ '-~ ,. /'[, 1// /"/ .--'<..r< ' Date Please publish 2 times: April 6 and 13,2011 Contact Person: Raina 385-9100 Bill to: Jefferson County Commissioners P.O. Box 1220 Port Townsend, W A 98368 Bill Account # 15829 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a public hearing is scheduled by the Jefferson County Board of Commissioners for lvJondav. Avril 18. 2011 at 10: 15 a.m. in the Commissioners' Chamber, County Courthouse, 1820 Jefferson Street, Port Townsend, W A 98368. The purpose of the public hearing is to review community development and housing needs, inform citizens of the availability of funds and eligible uses of the State Community Development Block Grant (CDBG), and receive comments on proposed activities, particularly from low- and moderate-income persons residing in Jcfferson County. $71,474.00 will be available to Jefferson County and thc Olympic Community Action Programs (OlyCAP) to fund public service activities that principally benefit low- and moderatc-income persons. The draft application for this funding proposal is available for review at the Jefferson County Commissioners Office, from 8:30 a.m. to 4:30 p.m. Monday through Friday. Comments may also be submitted in wTiting to the Jefferson County Commissioners until the date ofthc hearing. Comments particularly from low- and moderate-income persons residing in Jefferson County, about the County's and Olympic Community Action Programs' (OlyCAP) past performance regarding the 2010 Public Service Grant will also be received at this public hearing. (Close Out of2010 Grant.) Signed this 4th day of April, 20 II. JEFFERSO\l COL'NTY BOARD OF COMMISSIONERS John Austin, Chairman March 24, 2011 Dear County Commissioner/Administrator: I am pleased to inform you that the County and your local community action agency are awarded a 2011 Community Development Block Grant (CDBG) for public services to begin July 2011. Enclosed is the list of 20 11 award amounts for the July through December 2011 period. Commerce has not yet received the state's 201 1 CDBG award from the U.S. Department of Housing and Urban Development and is expecting funding reductions. We are allocating previous year funds to ensure the County, community action agency, and lower income clients they serve have access to CDBG funding through December 201]. When the state receives its 2011 CDBG award and updates the funding formula, we will amend your 2011 CDBG Public Services Grant contract to include funding through June 2012. The application materials for this 201] grant will be sent to you shortly. In the meantime, I strongly encourage the County to schedule the required public hearing as soon as possible. Remember your current CDBG Public Services Grant, inclucling the funds for County administration costs, must be spent by June 30, 2011, and we must receive the final reimbursement request by July 15, 2011. If you have any questions regarding the CD BG Public Services Grant, please contact Kaaren Roe at (360) 725-3018 or kaaren.roe@commerce.wa.govregarding your 2011 application, and Diane Mayfield at (360) 725-3022 or diane.mayfield@commerce.wa.govregardingyour current grant. Sincerely, Karen J. Larkin Assistant Director Enclosure , 2011 CDBG'~UBLlCSE~\1!CES ,<3RANT AMOUNTS SixMonths(J uly.l}ec~lt1ber 2(11)* COUNTY SUBRECIPIENT COMMUNITY ACTION AGENCY Asotin Community Action Partnership Grant Opportunities Industrialization Center Grays Harbor Coastal Community Action Program Jefferson Olympic Community Action Programs Kittitas HopeSource Okanogan Okanogan County Community Action Council Skamania Washington Gorge Action Programs Stevens NE WA Rural Resources Development Association Thurston CAC of Lewis, Mason & Thurston Counties Walla Walla Blue Mountain Action Council Whitman Community Action Center Yakima Yakima Valley Farm Workers Clinic I Northwest Community Action Center COUNTY ADMIN $ 1,500 CDBG TOTAL $ 20,300 CAA TOTAL $ 18,800 1,500 75,222 76,722 1,500 81,372 82,872 1,500 69,974 71,474 1,500 53,983 55,483 1,500 61,658 63,158 1,500 51,633 53,133 1,500 71,824 73,324 1,500 57,248 58,748 1,500 64,762 66,262 1,500 61,484 62,984 1,500 92,849 94,349 *Washington State is expecting reductions in its 2011 COBG award from HUD. The total amount and distribution for the final six months of the 12 month grant (January - June 2012) will be determined once the state receives its CDBG award from HUD and establishes a revised Public Services Grant formula. COBG contracts will be amended to include public services funding for the January - June 2012 period. Department of Commerce I i iff- Community Development Block Grant 2011 Public Services Grant Application Handbook March 2011 Rogers Weed Director WASHINGTON STATE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 2011 PUBLIC SERVICES GRANT APPLICATION HANDBOOK Karen Larkin Assistant Director Local Government and Infrastructure Division John LaRocque Managing Director Technical Assistance and Financial Services Unit Kaaren Roe Program Lead (360) 725-3018 kaa ren. roe@commerce.wa.qov Lynn Kohn Project Manager (360) 725-3042 Ivnn. kohn@commerce.wa.qov Phyllis Cole Project Manager (360) 725-4001 phvllis. cole@commerce.wa.qov Laurie Dschaak Contract Assistant (360) 725-5020 lau rie.dschaak@commerce.wa. qov Diane Mayfield CDBG Public Services Grants Contract Manager (360) 725-3022 d iane. mayfield@commerce.wa. qov State of Washington Department of Commerce Post Office Box 42525,1011 Plum St SE, Olympia, WA 98504-2525 Telephone: (360) 725-4100 Fax: (360) 586-8440 TOO: (360) 664-3123 www.commerce.wa. qov/cd bq TABLE OF CONTENTS GENERAL APPLICATION INFORMATION ................................................1 2011 CDBG Public Services Grant Amounts .............................................................3 General Application Information ......... ............. ........ ............. .......... ......... ............ ....... 5 Application Changes from 201 0 ................................................................................. 5 Roles and Responsibilities ........................................................................................ 5 Application Submittal Instructions .............................................................................. 6 Definitions.................................................................................................................. 6 Eligible Activities....................................................................................................... 7 Ineligible Activities...................................................................................................... 7 APPLICATION FORMS AND CERTIFICATIONS.......................................9 Project Summary and Instructions ...........................................................................11 Project Description and LMI Benefit Table & Instructions......................................... 15 Documentation of Citizen Participation Conducted ..................................................17 Outreach and Accommodation for non-English Speaking Residents Form.............. 17 Resolution with Certifications of Compliance and Instructions .................................19 Title VI Certification.................................................................................................. 23 APPENDiCES.......... .... ........... ........... ............... ................. ........ ............... 25 Federal Regulation Excerpt: Eligible CDBG Public Services Activities..................... 27 Citizen Participation Requirements............................................................................ 29 Sample Public Hearing Notice ............................................................................33 Sample Grievance Procedure............................................................................. 35 Public Hearing Handout: CDBG Program Factsheet .........................................37 Public Hearing Handout: Federal Citizen Participation Requirements................ 39 Sample Subrecipient Agreement............................................................................... 41 GENERAL APPLICATION INFORMATION This section contains details on funding levels, basic eligibility, and tips to ensure your submittal is complete. . 2011 CDSG Public Services Grant Amounts . General Application Information . Application Changes from 2010 . Roles and Responsibilities . Submittal Instructions . Definitions . Eligible Activities . Ineligible Activities All application materials are available on our website at www.commerce.wa.qov/cdbq under Public Services Grants. If you need an electronic form please call (360) 725-5020 or email: laurie.d schaak@commerce.wa.qov. 2011 Public Services Grant Application Handbook March 2011 2011 CDSG PUBLIC SERVICES GRANT AMOUNTS Six Months (July-December 2011)* COUNTY SUBRECIPIENT COUNTY CAA CDBG CONTRACT # COMMUNITY ACTION AGENCY ADMIN $ TOTAL $ TOTAL $ Asotin Community Action Partnership 1,500 18,800 20,300 11-64100-001 Grant Opportunities Industrialization Center 1,500 75,222 76,722 11-64100-002 Grays Harbor Coastal Community Action Program 1,500 81,372 82,872 11-64100-003 Jefferson Olympic Community Action Programs 1,500 69,974 71,474 11-64100-004 Kittitas HopeSource 1,500 53,983 55,483 11-64100-005 Okanogan Okanogan County Community Action 1,500 61,658 63,158 11-64100-006 Council Skamania Washington Gorge Action Programs 1,500 51,633 53,133 11-64100-007 Stevens NE WA Rural Resources 1,500 71,824 73,324 11-64100-008 Development Association Thurston CAC of Lewis, Mason & Thurston 1,500 57,248 58,748 11-64100-009 Counties Walla Walla Blue Mountain Action Council 1,500 64,762 66,262 11-64100-010 Whitman Community Action Center 1,500 61 ,484 62,984 11-64100-011 Yakima Yakima Valley Farm Workers Clinic / 1,500 92,849 94,349 11-64100-012 Northwest Community Action Center *Washington State is expecting reductions in its 2011 CDBG award from HUD. The total amount and distribution for the final six months of the 12 month grant (January - June 2012) will be determined once the state receives its CDBG award from HUD and establishes a revised Public Services Grant formula. CDBG contracts will be amended to include public services funding for the January - June 2012 period. 2011 Public Services Grant Application Handbook 3 March 2011 GENERAL APPLICATION INFORMATION APPLICATION CHANGES FROM 2010 . Six-Month Phased Fundinq: Washington State anticipates late receipt of its 2011 award from the US Department of Housing and Urban Development (HUD); federal budget proposals cut the CDBG program between 7% - 62%. To ensure continuity of public services funding through the end of 2011, Commerce will award and contract Public Services Grants for July - December based on the existing fund distribution formula. Once the state receives its 2011 CDBG award and the fund distribution formula is revised, Commerce will amend the CDBG Public Services Grant contracts to include funding for the final six-month period through June 2012. . Proiect Summarv Instructions: Includes a reminder that not completing every block in this form slows down the Dept of Commerce's processing of your application, entry into state and federal databases, and your availability to CDBG funds . CCR Reqistration: Grantees must have a current registration with the federal Central Contractor Registration (CCR) database before awarded federal funds. The county's CCR expiration date is to be listed on the Project Summary and instructions are provided. . Benefit Table Instructions: Improved to address common errors in completing the Benefit Table and to avoid the need for a revised Benefit Table from the applicant and slowing down Commerce's application approval process. ROLES AND RESPONSIBILITIES Counties must coordinate with Community Action Agencies (CMs), the subrecipients of CDBG Public Services Grants, to complete this application. A fully executed grant contract between Commerce and the county and an executed subrecipient agreement between the county and the CM are needed to release 2011 CDBG funds. Submit these application Project Summary Project Description/Low- and Moderate- Income Benefit Table Citizen Participation . Copy of the published public hearing notice or an affidavit of publication . Public hearing minutes . Outreach and Accommodation Form . Grievance Procedure Resolution with Certifications of Compliance Title VI Certification 2011 Public Services Grant Application Handbook Complete with CM and sign Complete with county Review to approve activities to be funded Complete Advertise and conduct public hearing, distributing CDBG handouts at the hearing Share public hearing notice with stakeholders and attend hearing Complete and adopt Complete and sign 5 March 2011 Submit these signed agreements before the first payment request for 2011 funds. The COBG contracts should be signed and returned within 3 weeks of receipt. CDSG contract between Commerce and county Sign and return all copies for Commerce signature Subrecipient Agreement between county and CM Use sample, complete with CM, and sign before first request for 2011 funds Complete and sign with county before first request for 2011 funds NOTE: The county receives the CDBG award. The chief administrative official or the county official designated in the Certifications of Compliance must sign these forms. SUBMITTAL INSTRUCTIONS Submit ONE application with original signature on the Project Summary to: Alln: Laurie Dschaak Department of Commerce 1011 Plum St SE PO Sox 42525 Olympia, WA 98504-2525 DEFINITIONS CDSG Eliqible Public Services - A new or increased/improved level of direct services for CDSG eligible clients. CDSG Eliqible Clients - People whose incomes meet low to moderate income (LMI) standards according to 2009 Income Limits on the CDSG website or who are in one of the HUD-defined groups presumed to be LMI. See instructions to the Project Description and LMI Senefit Table in this application for more information. Direct Service - An activity resulting in a direct benefit to an eligible client. This does not include income payments. Emergency vouchers paid to a third party for no more than three consecutive months may be eligible. Eliqible Costs - . Direct costs: Program staff salaries/benefits, including supervisory staff directly involved in the management of the CDSG eligible public service program. Staff must sign and supervisors must approve time sheets linking actual time worked on each service activity to fund source. . Indirect costs: Indirect costs tied to a CDSG eligible public service through the CM's cost allocation plan such as the portion of costs established for operating and maintaining the space in which the service is located. The cost allocation plan must be applied equitably and demonstrate the cost of providing the service. New Service - A client service that was not offered by the CM in 2010. Increased Level of Service - A quantifiable increase in the number of persons served; an expansion of the type of clientele; changes to service delivery measurably improving quality; or an addition of new locations or removal of barriers to access. 2011 Public Services Grant Application Handbook 6 March 2011 ELIGIBLE ACTIVITIES CDBG funds must be used to support new or increased levels of services for eligible clients. A complete list of CDBG-eligible activities can be found in the excerpt of the Code of Federal Regulations: Title 24- Housing and Urban Development, Chapter V, Part 570, C, Section 570.201 in the attachments to this application. INELIGIBLE ACTIVITIES In general, any activity not described above is not eligible. Specifically, Public Services Grants cannot fund: 1. Activities and administrative costs eligible under another CDBG fund, such as: . Planning and community organization activities, not directly linked to the implementation of an eligible public service . Housing rehabilitation . Facility acquisition, construction or renovation 2. Administrative costs for the general management of the organization 3. Lobbying and political activities 4. Direct payments to individuals for their food, clothing, utilities or other income payments. (Third-party payments are potentially eligible under an emergency basis. See Eligible Activities.) 5. New housing construction costs, including administration of new housing development programs Contact Kaaren Roe at (360) 725-3018 or kaaren.roe@commerce.wa.qov or Laurie Dschaak at (360) 725-5020 or laurie.dschaak@commerce.wa.qov if you have questions. Forms are available at www.commerce.wa.qovlcdbq under Public Services Grants. 2011 Public Services Grant Application Handbook 7 March 2011 APPLICATION FORMS . CDBG Project Summary . Project Description and LMI Benefit Table . Documentation of Citizen Participation Conducted . Outreach and Accommodation for Non-English Speaking Residents Form . Resolution with Certifications of Compliance . Title VI Certification All application materials are available on our website at www.commerce.wa.qov/cdbq under Public Services Grants. If you need an electronic form emailed to you, call (360) 725-5020 or email: laurie.dschaak@commerce.wa.qov. 2011 Public Services Grant Application Handbook 9 March 2011 -~ ~-~ CDBG PROJECT SUMMARY 1. Grant Type: !~ Public Services Grant 2. Jurisdiction: Phone: i Address - Mail: Fax#: Address - Street: Fed Tax 10 #: City, Zip Code SWV#: Email: DUNS #: CCR Exp. Date: I Contact Person: Title: 13. Address - Mail: Address Street: Phone: City, Zip Code: Fax#: Email: I Subrecipient: I 4. Title: Contact Person: Phone: Address Mail: Fax#: Address Street: Organization: City, Zip Code: Category( s): Email: DUNS #: 5. Fiscal Year: From: To: 6. County( s) served by grant: 7. State Legislative District: Congressional District: 8. Brief summary of CDBG services: To provide direct public services for low- and moderate-income persons in the county(s) listed above. 2011 Public Services Grant Application Handbook 11 March 2011 '9 N t' lOb' t' ~-l [8J p' II b Itl d d t h h Id alona Jec Ive: nncrpa y ene r s ow-an mo era e-Income persons or ouse 0 s. i ..u__...________ . .._...-._,-_..,._~-_..._- 10. Project Budget: CDBG $ , July - December 2011 CDBG Program Income $ CSBG $ TOTAL $ ...-- 11. Project Beneficiaries: # of Persons # of LMI Persons LMI Percentage: % # of Households # of LMI Households , # of persons with new (N) access to services i # of persons with increased or improved (I) access to services 12. How are the beneficiaries determined LMI? [8J LMI Limited Clientele 13 Provide the census tract and block number for the main office of the subrecipient CM Census Tract Number: Census Block Number: 14. Certification of Chief Administrative Official: The information provided in the application is true and correct to the best of the government's belief and knowledge and it is understood the state may verify information, and that untruthful or misleading information may be cause for rejection of this application or termination of any subsequent grant contract. Signature Date Print Name Title 2011 Public Services Grant Application Handbook 12 March 2011 CDBG PROJECT SUMMARY INSTRUCTIONS The Project Summary should be the first page inside the cover of the application. Every block must be accurately completed before the application is submitted. Not completing this form slows down the Dept of Commerce's processing of your application, entry into state and federal databases, and your availability to CDBG funds. 1. Predetermined: Public Services Grant 2. Jurisdiction information: '" The federal tax identification number is usually a "91-" number. '" The jurisdiction's statewide vendor (SWV) number is necessary to release funds from the state to the local government. Obtain a SWV number at: www.ofm.waqovlisdlvendorsldefault.asp. '" A Data Universal Number System (DUNS) number is required for recipients of federal funds. Obtain a DUNS number at: www.qrants.qovlapplicantslrequest duns number.isp. '? Recipients of federal funds must renew their registration in the Central Contractor Registration (CCR) database each year. Further information on CCR is available at www.bpnqovlccr. 3. Provide information on the person who will be the Commerce contact for the term of the CDBG grant contract. 4. Provide information on the subrecipient community action agency that will benefit from the project or receive CDBG funds as a pass through. '" Write in which of the organization categories apply: Non-Profit, Faith-Based, Institute of Higher Education '" A Data Universal Number System (DUNS) number is required for subrecipients of federal funds. Obtain a DUNS number at: www.qrants.qov/applicantslrequest duns number.isp. 5. List the month and day of the applicant's fiscal year from beginning to end. 6. List the county(s) to be served by this grant since some subrecipient agencies serve a multiple county area. 7. List the numbers of the state and congressional districts. 8. Predetermined 9. Predetermined: LMI Limited Clientele, based on the Benefit Table 10. List the project budget for the six month CDBG Public Services Grant contract period. y List the CDBG amount from the CDBG Public Services Grant Amounts table, includinq county administration. y CDBG program income is any income generated from the use of a prior or current CDBG award (not just Public Services Grants) that totals at least $25,000 in a calendar year. y The CSBG amount is the anticipated amount to be received by the community action agency for the six month CDBG Public Services Grant contract period. 11. List the unduplicated number of people, people qualifying as LMI, households, and households qualifying as LMI who will benefit from the project. y Divide the number of LMI persons by the number of persons to calculate the LMI percentage. '" Multiply the number of households by the LMI percentage to calculate the number of LMI households. y Complete the application's Project Description and Low-and Moderate-Income Benefit Table and then estimate the number of people who will benefit from the activities coded as a new service (N) and the number of people who will benefit from activities coded as an increased or improved service (I). 2011 Public Services Grant Application Handbook 13 March 2011 12. Predetermined 13. List the census tract and block number for the main office of the subrecipient CAA, as required by HUO's 10lS database. This number can be identified by your county planning office or by accessing maps on the US Census website at www.factfinder.census.qov/servletlReferenceMapFramesetServlet. Reposition to address or zip code, zoom in, and use the colored legend to find the applicable tract and block numbers. 14. The county's Chief Administrative Official or the county official designated in the Certification of Compliance must sign. An original signature must be submitted. 2011 Public Services Grant Application Handbook 14 March 2011 [I SUBM/~rHlS~FORM WITH THE APPLlCA TlON][ PROJECT DESCRIPTION & LOW. AND MODERATE.INCOME BENEFIT TABLE (See instructions on following pages) A. Activity B. level of Service C. Method for Ensuring Benefit To lMI Persons List all service programs to be funded by CDBG July-Dee, 2011 (N) = New (I = Increase Community Action Agency N/A Community action agencies are mandated to address the root causes of poverty and help poor families and individuals retain or regain self- sufficiency County administration activities are limited to activities necessary to administer the CDSG Public Services I Grant in partnership with the local community action agency. County Administration N/A $ $1,500 SAMPLES (follow the instructions on the next page): Senior Meals Program I HUD Special Group: Elderly Home Care Training N Enrolls LMI Only 2011 Public Services Grant Application Handbook 15 March 2011 BENEFIT TABLE INSTRUCTIONS To be CDBG eligible, activities/programs listed in this table must describe how the funding will result in low- and moderate-income persons receiving a direct service. The projected number of persons directed served by CDBG-funded public service must be listed in the Project Summary, with more detailed data on these persons reported quarterly on the CDBG beneficiary reporting form provided in the Appendix. Column A: List each activity or program to be assisted with CDBG funds. " Ensure the proposed service activities are eligible based on the lists of eligible and ineligible public service activities found in the General Application Information section. " The name of the activity or program should communicate the direct service to be delivered. Do not use general terms such as "linkages" or "outreach" that do not clearly describe the type of direct service to be funded. Instead, if CDBG is to fund a staff person who provides direct resource referral for primarily lower income clients, then an activity titled Resource Referral Service is acceptable. If a specific outreach program can measure the number of persons directly served by those outreach services, then its name can be listed for CDBG funding. Otherwise, outreach costs to inform lower income persons of a specific program can be an allowable expense along with the program's direct service costs and the name of that program would be listed in the table. y To improve accountability, we encourage funds be distributed between fewer activities. Column B: CDBG funds are to support a new service or an increased/improved level of service. For each activity, list either N for NEW or I for INCREASED. See the definitions in the General Application Information section. Public Services Grants must directly target services to lower income persons or benefit a limited number or specific group of people as long as at least 51 % of those served meet LMI standards. This approach for meeting the CDBG LMI National Objective is called LMI Limited Clientele. Column C: Describe the method for ensuring a benefit to low- and moderate-income persons will be achieved. Under the HUD's Limited Clientele category, an activity provides a LMI benefit with the use of CDBG funds in the following ways: 1. If an activity exclusively targets persons in one of the HUD-defined special groups, it can be presumed to principally benefit LMI persons. These special groups include: . Abused children . Elderly persons . Illiterate persons . Persons living with AIDS . Battered spouses . Homeless . Migrant farm . Severely disabled adults persons workers OR 2. Information on family size and income is available and shows at least 51 % of the activity's clientele meet and will continue to meet the LMI income criteria. OR 3. Income eligibility requirements limit the activity to LMI persons only. OR under very limited circumstances 4. Be of such nature and location that it may reasonably be concluded that the activity's clientele will primarily be LMI persons. Column D: List the total amount of CDBG awarded to the community action agency, as found in the CDBG Public Services Grant Amounts. Budget detail for each service 2011 Public Services Grant Application Handbook 16 March 2011 activity is not required, but must be supported by back-up documentation for each 2011 CDBG reimbursement request. 2011 Public Services Grant Application Handbook 17 March 2011 DOCUMENTATION OF CITIZEN PARTICIPATION CONDUCTED Oetailed information on the COSG citizen participation requirements is provided in the attached Appendix. Also, the Appendix includes the required COSG Handouts for your public hearing, a sample public hearing notice, and a sample Grievance Procedure. [j()~l.lIV1ENtATI()NTO I3E3Sl.!SMI'Jfu!'ED V\lITHTHISCOIVI"'~E"l'EDPAGE;: ,/ The Outreach & Accommodation for Non-English Speaking Residents Form on the backside of this page. ,/ A copy of the COSG public hearing minutes, including a statement that the COSG required handouts were distributed. ,/ A copy of the public hearing notice's affidavit of publication or a copy of the actual notice from the newspaper. ,/ A copy of the local government's adopted Grievance Procedure that will apply to the can re-submit the procedure used for its 2010 Public Services Grant.) OUTREACH & ACCOMMODATION FOR NON-ENGLISH SPEAKING RESIDENTS FORM The Outreach and Accommodation for Non-English Speaking Residents form on the backside documents the local government's determination whether additional outreach and accommodations for local non-English speaking residents are required and lists the outreach steps and accommodations provided. The federal regulations state that "public hearings shall be conducted in a manner to meet the needs of non-English speaking residents where a significant number of non-English speaking residents can reasonably be expected to participate." To meet the COSG requirements for outreach and accommodation for non-English speaking residents, the local government must: .,j Complete and submit the Outreach and Accommodation for Non-English Speaking Residents form with the application. .,j Properly advertise the public hearing (chose the applicable accommodation clause from the sample public hearing notice provided in the Appendix), and .,j Follow the public hearing notice by providing any necessary accommodations at the public hearing. How to Determine a Significant Population - General guidance is if current census data show more than 10 percent of the local government's population speaks English less than "very well" or if more than 10 percent of the project's targeted population speak English less than "very well," then it is reasonable to expect and encourage a significant number of non-English speaking residents to participate. In such cases, special outreach and accommodations are recommended to inform this population of the opportunity to receive information on the COBG Program and input on the proposed project and parts S. and O. of this form should be implemented. At a minimum, the public hearing notice and handouts should be in the alternative language and a translator should attend the public hearing. See Appendix for more detailed information. 2011 Public Services Grant Application Handbook 18 March 2011 OUTREACH - Complete either section A. or B. as applicable. A. The local government determines a significant number of non-English speaking residents are NOT expected to participate in the public hearing. Check the box, provide any additional explanation, and complete C below (skip B.): D Available census data on local non-English speaking populations support this determination. Explain below any local circumstances that contribute to your interpretation of the data: B. To document the outreach steps taken when it was expected non-English speaking residents would participate in the CDBG public hearing, check the boxes that apply, provide any additional information, and complete D below (skip C): D The public hearing notice was advertised in an alternate language. D The public hearing was announced on an alternate language radio or television station. D The public hearing notice in an alternate language was posted in advance at the following locations to target the non-English speaking population: Location Date Posted 1. 2. (add more lines as needed) D Members of organizations and advocacy groups representing non-English speaking populations were invited to attend the CDSG public hearing. D Leaders and interested parties from the minority community were directly invited to attend the CDSG public hearing. D Other: ACCOMMODATIONS - Complete either C. or D. based on how YOU answered A. or B. C. The local governments determines a significant number of non-English speaking residents are NOT expected to participate in the public hearing (A. box is checked above). Check and implement the box that applies: D The CDSG public hearing notice states that arrangements to reasonably accommodate the needs of special classes of citizens, including handicap accessibility or interpreter, will be made upon advance notice request. Submit a copy of the affidavit of publication or a copy of the actual notice from the paper to document. OR D The CDSG public hearing notice follows the local government's procedures for reasonably accommodating the needs of special classes of citizens, including handicap accessibility or interpreter. Submit a copy of the affidavit of publication or a copy of the actual notice from the paper. and submit a description of local procedures to document. D. To document the outreach steps taken when it is expected non-English speaking residents would participate (B. box is checked above), the following accommodations were all made: D The CDSG public hearing notices state that an interpreter will be available (even without advance request). Submit a copy of the affidavit of publication or a copy of the actual notice from the paper; AND D CDSG public hearing handouts were available in the alternate language at the public hearing. Sample handouts in Spanish are available in the Appendix. 2011 Public Services Grant Application Handbook 19 March 2011 o Other: 2011 Public Services Grant Application Handbook 20 March 2011 SAMPLE RESOLUTION WITH CERTIFICATIONS OF COMPLIANCE FOR CDBG PUBLIC SERVICES GRANT ONLY WHEREAS, (Name of county) is applying to the state Department of Commerce for funding assistance; WHEREAS, it is necessary that certain conditions be met as part of the application requirements; WHEREAS, (Name of Chief Administrative Official and title) is authorized to submit this application to the state of Washington on behalf of (Name of county); NOW, THEREFORE, be it resolved that the (Name of county) authorizes submission of this application to the state Department of Commerce to request $(CDBG Public Services Grant Amount total, including county and community action agency amounts) and any amended amounts to fund public service activities in coordination with (name of community action agency), and certifies that, if funded, it: Will comply with applicable provisions of Title I of the Housing and Community Development Act of 1974, as amended, and other applicable state and federal laws; Has provided opportunities for citizen participation comparable to the state's requirements (those described in Section 1 04(a)(2)(3) of the Housing and Community Development Act of 1974, as amended); has complied with all public hearing requirements and provided citizens, especially low- and moderate-income persons, with reasonable advance notice of, and the opportunity to present their views during the assessment of community development and housing needs, during the review of available funding and eligible activities, and on the proposed activities; Has provided technical assistance to citizens and groups representative of low- and moderate-income persons that request assistance in developing proposals; Will provide opportunities for citizens to review and comment on proposed changes in the funded project and program performance; Will not use assessments against properties owned and occupied by low- and moderate-income persons or charge user fees to recover the capital costs of CDBG-funded public improvements from low- and moderate-income owner-occupants; Will establish a plan to minimize displacement as a result of activities assisted with CDBG funds; and assist persons actually displaced as a result of such activities, as provided in the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended; Will conduct and administer its program in conformance with Title VI of the Civil Rights Act of 1964 and the Fair Housing Act, will affirmatively further fair housing (Title VIII of the Civil Rights Act of 1968); has adopted (or will adopt) and enforce a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations; and has adopted (or will adopt) and implement a policy of enforcing applicable state and local laws against physically barring entrance to or exit from a facility or location which is the subject of such nonviolent civil rights demonstration within its jurisdiction, in accordance with Section 104(1) of the Title I of the Housing and Community Development Act or 1974, as amended; Certifies to meeting the National Environmental Policy Act (NEPA) through a determination the CDBG- funded public services will not have a physical impact or result in any physical changes and are exempt under 24 CFR 58.34(a), and are not applicable to the other requirements under 24 CFR 58.6; and are categorically exempt under the State Environmental Policy Act (SEPA) per WAC 197-11-305 (2); and 2011 Public Services Grant Application Handbook 21 March 2011 (Name of county) designates (name of county commission chair, county administrator, county official) as the authorized Chief Administrative Official and authorized representative to act in all official matters in connection with this application and (Name of county)'s participation in the Washington State CDBG Program. Signature Date Name Title Attested Date 2011 Public Services Grant Application Handbook 22 March 2011 RESOLUTION WITH CERTIFICATIONS OF COMPLIANCE INSTRUCTIONS The applicant's local legislative body must pass a resolution authorizing the Chief Administrative Official to submit the CDBG application to the Department of Commerce and to certifying compliance with state and federal laws and specific program requirements. Visit the CDBG website at www.commerce.wa.qov/cdbq under the Management Handbook webpage for the current CDBG contract terms and conditions. Access the electronic version of this resolution provided on the CDBG website under the Public Services Grant webpage, or retype the sample and insert local and project specific information as indicated. This resolution may be reformatted to meet the jurisdiction's requirements for official resolutions. Siqnature The resolution must be signed by the county's authorized Chief Administrative Official, and a signed copy must be included with the application. The Chief Administrative Official is the Chair of the Board of County Commissioners or the County Administrator, if applicable. Usinq Previous Versions . A resolution that references another project submitted previously for CDBG funding will not be accepted. . A resolution using a prior year version may not be accepted, since new clauses have been added to this current version that may apply to the proposed project. 2011 Public Services Grant Application Handbook 23 March 2011 TITLE VI CERTIFICATION The County of regulations: assures and certifies compliance with the following laws and TITLE VI OF THE CIVIL RIGHTS ACT OF 1964, WHICH STATES: "No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance." SECTION 1.4(B)(2)(1) OF THE REGULATIONS OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ISSUED PURSUANT TO TITLE VI WHICH REQUIRE: "A recipient, in determining the types of housing, accommodations, facilities, services, financial aid, or other benefits which will be provided under any such program or activity, or the class of persons to whom, or the situations in which, such housing, accommodations, facilities, services, financial aid, or other benefits will be provided under any such program or activity, or the class of persons to be afforded an opportunity to participate in any such program or activity, may not, directly or through contractual or other arrangements, utilize criteria or methods of administration which have the effect of subjecting persons to discrimination because of their race, color, national origin, or have the effect of defeating or substantially impairing accomplishment of the objectives of the program or activity as respect to persons of a particular race, color, or national origin." DEMOGRAPHICS 1. Population in the service area of the county or counties covered in this application 2. Number of households in the service area 3. Number of Hispanic or Latino residents (of any race) 4. Number of residents by racial origin in the service area: White Native Hawaiian/Pacific Islander Black or African American American Indian/Alaskan Native/White Asian Asian/White American Indian/Alaskan Native Other 5. Number of female head of households 6. Number of elderly persons These data can be found at the US Census Bureau website at www.factfinder.census.qoV or use more current data from local or state sources. On the US Census website: . Under Fast Access to Information, enter the city/town or county and select Washington. Hit GO. . Scroll down to the ACS Demographic Estimates for 3. above - number of Hispanic or Latino residents and 4. above - residents by race. . The ACS Demographic Estimates also provide data for 6. above - number of elderly. . For 5. Above - number of female head of household, scroll to the Social Characteristics and hit "show more." Look under Households by Type for the number of female householder. Repeat for each county to be served by the CDBG Public Services Grant and total the numbers. 2011 Public Services Grant Application Handbook 25 March 2011 1. MINORITY POPULATIONS reported in the service area demographics above are: Scattered throughout the community. Scattered throughout the community, with concentrations in the following areas or neighborhoods: Concentrated in the following areas or neighborhoods: 2. The following opportunities were provided to protected groups to participate in and comment on the design of activities to be undertaken as part of this project (check all that apply): Public hearing to review community development and housing needs Community meeting(s) Community survey Apply to be on a wait list for direct assistance Other: 3. Will all residents of the service area benefit from this CDBG project? Yes, all residents of the service area will benefit Go to 6. _ The following protected group(s) or minority populations will not benefit: 4. The above populations that will not benefit from this CDBG project: Will receive similar services provided through existing programs. Go to 6. _ Do not receive similar services provided through existing programs. (Brief explanation) 5. For those protected groups that will not benefit from CDBG, the following plan identifies a timetable for providing such services in the future. _ No such services are planned for the following reasons: (Brief explanation) _ The plan and timetable are: 6. The following steps will be taken to ensure CDBG benefits are offered to all residents and protected groups within the community: (check all that apply) Protected groups will be informed of the opportunity to apply Protected groups will be informed of the availability of programs A community meeting will be held to inform all residents of benefits resulting from the CDBG project. A final public hearing to receive comment on the CDBG project will be conducted with outreach and accommodation for non-English speaking residents, if applicable. Other: Signature of Chief Administrative Official Date Name of Chief Administrative Official Date This form must be signed by the Chief Administrative Official (mayor, county commission chair, county administrator, city manager, or designated official as authorized by the CDBG Resolution of Certifications of Compliance). Please clearly state the official's name and title. 2011 Public Services Grant Application Handbook 26 March 2011 APPENDICES . Federal Regulation Excerpt: Eligible CDBG Public Services Activities . Citizen Participation Requirements Sample Public Hearing Notice Public Hearing Handout: Federal Citizen Participation Requirements Public Hearing Handout: CDBG Program Factsheet Sample Grievance Procedure . Sample Subrecipient Agreement 2011 Public Services Grant Application Handbook 27 March 2011 FEDERAL REGULATION EXCERPT: ELIGIBLE CDBG PUBLIC SERVICES ACTIVITIES TITLE 24--HOUSING AND URBAN DEVELOPMENT CHAPTER V--OFFICE OF ASSISTANT SECRETARY FOR COMMUNITY PLANNING AND DEVELOPMENT, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PART 570_COMMUNITY DEVELOPMENT BLOCK GRANTS Subpart C_ Eligible Activities Sec. 570.201 Basic eligible activities. CDBG funds may be used for the following activities: (e) Public services. Provision of public services (including labor, supplies, and materials) including but not limited to those concerned with employment, crime prevention, child care, health, drug abuse, education, fair housing counseling, energy conservation, welfare (but excluding the provision of income payments identified under Sec. 570.207(b)(4)), homebuyer down payment assistance, or recreational needs. To be eligible for CDBG assistance, a public service must be either a new service or a quantifiable increase in the level of an existing service above that which has been provided by or on behalf of the unit of general local government (through funds raised by the unit or received by the unit from the State in which it is located) in the 12 calendar months before the submission of the action plan. (An exception to this requirement may be made if HUD determines that any decrease in the level of a service was the result of events not within the control of the unit of general local government.) 2011 Public Services Grant Application Handbook 29 March 2011 CITIZEN PARTICIPATION REQUIREMENTS Public participation is a CDBG requirement. This Appendix includes detailed information on how to meet the federal requirements. Sample notices and handouts are included. Review ALL the materials with the staff person responsible for public hearings and establish a timeline for completion. You can't start on this aspect of your application too soon. To apply for CDBG funds, a jurisdiction must show it has involved its citizens in the CDBG application process and complied with the specific federal citizen participation requirements outlined in 24 CFR 570.486. The purpose of these activities is to inform residents and decision- makers of the availability of CDBG funds and to provide an opportunity for community members to present potential projects and offer input on proposed projects. Ian for the req . rd to determin an Icient notice time and au If a jurisdiction intends to apply for more than one type of CDBG grant during the same year, it is advisable to contact the CDBG office to discuss how to coordinate these citizen participation and public hearing requirements. THE MINIMUM CITIZEN PARTICIPATION STEPS 1. Conduct at least one public hearing prior to submission of the CDBG application. This hearing must be held at a convenient time and location to encourage citizen participation. 2. Publish an official announcement of the hearing, providing reasonable advance notice. A sample public hearing notice with required language is provided in this Appendix. 3. Distribute information on the availability of CDBG funds and the eligible uses at the public hearing. Sample fact sheets are provided in this Appendix. The hearing minutes must reflect that these handouts were distributed at the public hearing. 4. Review local demographic data to determine if it is reasonable to expect a significant number of non-English speaking residents to participate in the public hearing and advertise and conduct the public hearing in accordance with this determination. 5. Adopt a grievance procedure for the use of CDBG funds. A sample grievance procedure is provided in this Appendix. 6. Document that the notice was published and the hearing was held. 2011 Public Services Grant Application Handbook 31 March 2011 REQUIRED CITIZEN PARTICIPATION DOCUMENTATION v' A copy of the public hearing minutes, including a statement that the CDBG required handouts were distributed. v' A copy of the public hearing notice's affidavit of publication or a copy of the actual notice from the newspaper. v' The Outreach & Accommodation for Non-English Speaking Residents Form. v' A copy of the local government's adopted Grievance Procedure that will apply to your project. DETAILED INFORMATION ON THE CITIZEN PARTICIPATION REQUIREMENTS 1. Public Hearing Logistics What is a public hearinq? - A public hearing is a meeting of a governmental body during which the public is invited to the councilor board of county commissioners, who will primarily listen and receive public input. A public hearing may be held as part of a regularly scheduled public meeting where official decisions may then be made or where it is elected to made a decision at a subsequent meeting. Do not assume a regular councilor board meeting will meet the public hearing requirement. Who must conduct the hearinq? - The applicant city, town or county. Although some applications are developed by other community organizations or special districts, these organizations cannot conduct the hearing and have it meet CDBG requirements. When must the hearinq be held? - Prior to submission of the CDBG application and within 18 months of the application submittal date. Where must the hearinq be held? - The hearing location must be accessible to persons of disability. The location must also be convenient for persons likely impacted by the proposed project. This is particularly relevant for a county proposing a project in a community that is far from the county seat. 2. Public Hearing Notice When must the advance notice be made? - Generally, a legal notice is published at least one week prior to the hearing date. The notice must meet the local public hearing notice requirements. Where must the notice be made? - The hearing must be well advertised, generally in the official local paper. In addition, public notice can be made using community bulletin boards, local newsletters, billing statements, newspaper articles or door-or-door distribution. Residents within those areas in which CDBG funds are proposed to be used, especially the low- and moderate- income persons, should be encouraged to attend or provide comment. What must the notice say? - A sample notice is provided in this Appendix. 3. Public Hearing Purpose What must the CDBG hearinq cover? - The hearing is to obtain citizens' views and respond to proposals and questions. It must cover community development and housing needs and the availability of CDBG funds. The CDBG Program handout materials are to be distributed. 2011 Public Services Grant Application Handbook 32 March 2011 Additional handout materials describing the proposed project(s) are advisable. A copy of the handout information in Spanish is available upon request. 4. Meeting the Needs of Non-English Speaking Residents All applicants must complete the Outreach & Accommodation Form, which is attached to the Documentation of Citizen Participation Conducted page. This form lists potential outreach steps and accommodations and outlines how to document the efforts. The CDBG public hearing should not be advertised or conducted without first ensuring appropriate outreach and accommodations are accomplished. The federal citizen participation regulations in this Appendix state that "public hearings shall be conducted in a manner to meet the needs of non-English speaking residents where a significant number of non-English speaking residents can reasonably be expected to participate." The applicant jurisdiction must review local demographic data and consider the potential impacts of the proposed project to determine the appropriate outreach steps and accommodations to meet the needs of non-English speaking residents. Data on the number and percent of non-English speaking residents in a jurisdiction can be found by accessing the census data at www.factfinder.census.Qov and then following these directions: . Under Fast Access to Information, enter the city/town or country and select Washington State and hit GO. . Scroll down to Social Characteristics heading and select show more. . Scroll down to nearly the bottom of the table to the LANGUAGE SPOKEN AT HOME heading and identify the other languages spoken, such as Spanish. . Under the predominant other language spoken, look for the percentage of the population that speaks English less than "very well." . Use these percentages to determine whether specific outreach or additional accommodations are necessary to meet the needs and encourage participation from non- English speaking residents. Contact the CDBG office for assistance in accessing and interpreting this data. 5. Grievance Procedure What must the procedure do? - The grievance procedure must provide citizens the address, phone number, and times for submitting complaints and grievances, and provide timely written answers to written complaints and grievances, within 15 working days where practicable. A sample procedure to be adopted is in this Appendix. 2011 Public Services Grant Application Handbook 33 March 2011 SAMPLE PUBLIC HEARING NOTICE (PUBLIC SERVICES GRANT VERSION) Additional information can be added to these required clauses to meet specific local announcement needs and to encourage participation. If a local government intends to apply for more than one type of COBG grant during the same year, it is advisable to contact the COBG office to discuss how to coordinate these citizen participation and public hearing requirements. If after assessing population data the local government expects non-English speaking residents to participate in the public hearing (see the Outreach and Accommodation for Non-English Speaking Residents form and instructions), then this notice must also be publicized in the alternative language. I Where/Whe~ Basic Clause: i Clause describing the availability of funds and eligible uses: , Comment clause: 12010 contract closeout clause: --- Accommodation clause: For applicants who checked box C. in the , Outreach and Accommodation Form: Or For applicants who checked box O. in the Outreach and Accommodation Form: NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the (county board of commissioners/council) in the (council chambers/hearing room), (location), on (date and time). The purpose of the Public Hearing is to review community development and housing needs, inform citizens of the availability of funds and eligible uses of the state Community Development Block Grant (CDBG), and receive comments on proposed activities, particularly from low- and moderate-income persons and persons residing in the (name of area) area. Up to $ (enter amount to be awarded) will be available to the (county name) and the (CAA name) to fund public service activities that principally benefit low- and moderate-income persons. The proposed public service activities will be available for review at the (location - government office and/or agency), (time and date). Comments may also be submitted in writing to (county), (time period). Comments on the county's and community action agency's past performance and use of their 2010 CDBG Public Services Grant awards will also be received. The (council chambers/hearing room) is handicap accessible Arrangements to reasonably accommodate the needs of special classes of citizens, including handicap accessibility or interpreter, will be made upon receiving twenty-four (24) hour advance notice. Contact (name) at (number, location). Or ! A (insert alternate language) interpreter will be available. The (council chambers/hearing room) is handicap accessible. Additional arrangements to reasonably accommodate special needs will be made upon receiving twenty-four (24) hours advance notice. Contact (name) at (number, location). 2011 Public Services Grant Application Handbook 35 March 2011 SAMPLE GRIEVANCE PROCEDURE ,., The county can re-submit the procedure used for its 2010 Public Services Grant, unless that procedures clearly limits its applicability to the 2010 grant. Note: This grievance procedure is intended to serve as a guide and should be revised to reflect local circumstances and to in cor orate an a licable state or local laws. 1. Submit complaints in writing to the designated official (such as the city manager, city/county clerk, or county executive) for resolution. A record of the complaints and action taken will be maintained. A decision by the designated official will be rendered within 15 working days. 2. If the complaint cannot be resolved to your satisfaction by the designated official, . It will be forwarded to a committee appointed by the governing body. This committee's membership, its ground rules or procedures for hearing complaints, and how the committee can be contacted will be available to the public. The committee will be directed to hear such complaints in an objective, public manner, and after adequate public notice. A written decision will be made within 30 working days Proceedings of the committee will be recorded and maintained. OR :;.. The complaint will be heard and discussed by the governing, elected body at an open, public meeting. A written decision will be made within 30 working days. The decision of the governing body is final. 3. A record of action taken on each complaint will be maintained as a part of the records or minutes at each level of the grievance process. Adopted this day of ,200_. (Signature of Chief Administrative Officer) (Title) Attest: 2011 Public Services Grant Application Handbook 37 March 2011 PUBLIC HEARING HANDOUT Department of Commerce Community Development Block Grant Program For More Information: John LaRocque Managing Director 360.725.3166 iohn.larocQue(a)commerce.wa.aov Kaaren Roe CDBG Program Manager 360.725.3018 kaaren. roetWcommerce.wa.oov Lynn Kohn General Purpose Grant Project Manager 360.725.3042 Ivn n .kohn(a)commerce.wa.Qav Phyllis Cole Planning-Only Grant Project Manager 360.725.4001 ohvllis,cole@commerce.wa,QOV Laurie Dschaak CDBG Contract Assistant 360.725.5020 laurie.dschaak@commerce.wa,aov Steve Saylor Economic Development Grants & Loan Services 360.725.4046 steve. savlor(alcommerce. wa,qav Estimated 2011 amounts are based on the 2010 HUD allocation to the state. www.commerce.wa.gov/cdbg Introduction The Washington State Community Development Block Grant (CDBG) program provides funds on a competitive basis for public facilities, community facilities, economic development, housing rehabilitation, public services and planning projects that principally benefit low- and moderate- income households. Since 1982, the Washington State CDBG Program has distributed and managed over $419 million from the U.S. Department of Housing and Urban Development (HUD). With this funding, the CDBG Program improves and maintains the environment of eligible, rural cities and counties to enhance the quality of life for low- and moderate-income residents, and as a result, make a difference for the entire community. 2011 Funding Set-Asides In 2011, approximately $16 million in federal CDBG funds will be awarded to Washington State. It is proposed that funds be distributed as follows: . General Purpose Grants $13,000,000 Contact: Lynn Kohn Annual grant cycle during which eligible applicants may request up to $1 million for public facilities, community facilities, housing rehabilitation, or economic development projects principally benefiting low- and moderate-income persons. If total project costs exceed $10 million, the maximum grant can be $1.5 million. Application materials are reieased in October 2010, with applications due by January 20, 2011 and awards announced by early May 2011. . Planning-Only Grants $500,000 Contact: Phyllis Cole Grants support a range of planning activities that lead to implementation of priority projects for eligible small communities and rural counties. Funding levels vary by type of project, with the maximum grant for a single jurisdiction at $35,000. Joint planning efforts may receive up to $50,000. Application materials are released in February, and while funds are available, applications can be submitted year round beginning March 2011, with first awards announced by early May 2011. 39 March 2011 2011 Public Services Grant Application Handbook PUBLIC HEARING HANDOUT . Housing Enhancement Grants $1,000,000 Contact: Kaaren Roe Companion funds to support priority applications submitted to the Washington State Housing Trust Fund, which fund necessary off-site infrastructure or community facility components of the affordable housing project. . Imminent Threat Grants $200,000 Contact: Lynn Kohn Provides funds to address unique emergencies posing a serious and immediate threat to public health and safety on a funds availability basis. Upon formal Declaration of Emergency and completion of an Imminent Threat grant application, costs can be covered for a temporary repair or solution while funding for a permanent fix is secured. . Public Services Grants $1,557,612 Contact: Kaaren Roe Provides funds to the 12 eligible counties and community action agencies to fund new or expanded direct services for persons with low- and moderate- incomes. . CDBG Economic Development Loans $15,000,000 Contact: Steve Saylor Provides eligible jurisdictions with short-term loans for economic developmenUjob creation financing on CDBG-eligible activities meeting a HUD National Objective. Applications may be submitted after adoption of the 2011 Action Plan. . Float Loan - Economic Development/Job Creation . Rural Washington Loan Fund . HUD Section 108 Guarantee Loans HUD National Objectives CDBG project activities must meet one of three HUD National Objectives: . Principally benefits low-and moderate-income persons . Aids in the prevention or elimination of slums or blight . Addresses imminent threat to public health or safety CDBG Eligibility Guidelines . Eligible applicants are Washington State cities and towns with less than 50,000 in population or counties with less than 200,000 in population that are non-entitlement jurisdictions and are not participants in a HUD Urban County Entitlement Consortium. . Non-profit organizations, Indian tribes, public housing authorities, port districts, community action agencies, and economic development councils, are not eligible to apply directly to the CDBG Program for funding, but may be partners in projects and subrecipients of funding through eligible jurisdictions. . Applicants may submit one request per fund each program year. The exception is for applicants seeking microenterprise assistance. They may submit up to two General Purpose Grants (one microenterprise, and one sewer or water General Purpose Grant, for example). 2011 Public Services Grant Application Handbook 40 March 2011 PUBLIC HEARING HANDOUT Federal Citizen Participation Requirements for Local Government Applicants to the State CDBG Program Federal Requlations 24 CFR 570.486 (a) (a) Citizen participation requirements of a unit of general local government. Each unit of general local government shall meet the following requirements as required by the state at Sec. 91.115(e) of this title. (1) Provide for and encourage citizen participation, particularly by low and moderate income persons who reside in slum or blighted areas and areas in which CDBG funds are proposed to be used; (2) Ensure that citizens will be given reasonable and timely access to local meetings, information, and records relating to the unit of local government's proposed and actual use of CDBG funds; (3) Furnish citizens information, including but not limited to: (i) The amount of CDBG funds expected to be made available for the current fiscal year (including the grant and anticipated program income); (ii) The range of activities that may be undertaken with the CDBG funds; (iii) The estimated amount of the CDBG funds proposed to be used for activities that will meet the national objective of benefit to low and moderate income persons; and (iv) The proposed CDBG activities likely to result in displacement and the unit of general local government's anti-displacement and relocation plans required under Sec. 570.488. (4) Provide technical assistance to groups representative of persons of low and moderate income that request assistance in developing proposals in accordance with the procedures developed by the state. Such assistance need not include providing funds to such groups; (5) Provide for a minimum of two public hearings, each at a different stage of the program, for the purpose of obtaining citizens' views and responding to proposals and questions. Together the hearings must cover community development and housing needs, development of proposed activities and a review of program performance. The public hearings to cover community development and housing needs must be held before submission of an application to the state. There must be reasonable notice of the hearings and they must be held at times and locations convenient to potential or actual beneficiaries, with accommodations for the handicapped. Public hearings shall be conducted in a manner to meet the needs of non-English speaking residents where a significant number of non- English speaking residents can reasonably be expected to participate; (6) Provide citizens with reasonable advance notice of, and opportunity to comment on, proposed activities in an application to the state and, for grants already made, activities which are proposed to be added, deleted or substantially changed from the unit of general local government's application to the state. Substantially changed means changes made in terms of purpose, scope, location or beneficiaries as defined by criteria established by the state. (7) Provide citizens the address, phone number, and times for submitting complaints and grievances, and provide timely written answers to written complaints and grievances, within 15 working days where practicable. 2011 Public Services Grant Application Handbook 41 March 2011 SUBRECIPIENT AGREEMENT FOR CDBG PUBLIC SERVICES , This sample subrecipient agreement has been updated to include the Quarterly Beneficiary Reporting Form requirement under the Attachment #1 Scope of Work. The subrecipient agreement is a tool to be used by the local government to include any other expectations, fe ortin or rocedural re uirements for its subreci ient. SUBRECIPIENT AGREEMENT FOR CDBG PUBLIC SERVICES THIS AGREEMENT is between the local government CDBG recipient <insert county name> (herein called the Local Government) and <insert subrecipient name> (herein called the Subrecipient) for public services funded by the state Community Development Block Grant (CDBG) Program. As the Washington State Department of Commerce (Commerce) is authorized by the federal Department of Housing and Urban Development (HUD) to provide funds to units of local government selected to undertake and carry out certain activities and projects under the Washington State CDBG Program in compliance with all applicable local, state, and federal laws, regulations and policies; and As the Local Government has applied for and received a CDBG award, contract number to fund public services; and As it benefits the Local Government to engage the Subrecipient to accomplish the Scope of Service and the objectives of the local CDBG project; The parties agree that 1. SCOPE OF SERVICE A. Local Government Responsibilities The Local Government is responsible for administration of the CDBG contract, and ensuring CDBG funds are used in accordance with all program requirements [(24 CFR 570.501(b)] and its CDBG contract with Commerce referenced above. The Local Government will provide such assistance and guidance to the Subrecipient as may be required to accomplish the objectives and conditions set forth in this Agreement. B. Subrecipient Responsibilities The Subrecipient shall complete in a satisfactory and proper manner as determined by the Local Government the tasks described in the Scope of Service (Attachment #1 to this Agreement) to accomplish the objectives of the CDBG project. The Subrecipient will periodically meet with the Local Government to review the status of these tasks. 2. TIME OF PERFORMANCE The effective date of this Agreement will be the date the parties sign and complete execution of this agreement for funding available as of the effective date established by the Local Government's CDBG contract, and will be in effect for the time period during which the Subrecipient remains in control of CDBG funds or other CDBG assets. 2011 Public Services Grant Application Handbook 43 March 2011 3. BUDGET The Subrecipient shall follow the budget submitted in the CDBG application and finalized in the CDBG contract between the Local Government and Commerce (Attachment #2 to this Agreement). The Local Government may require a more detailed budget breakdown, and the Subrecipient shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the Local Government. Any amendments to the budget must first be determined by the Local Government as consistent with its CDBG contract with Commerce and then approved in writing by the Local Government and the Subrecipient. 4. PAYMENT The Local Government shall reimburse the Subrecipient in accordance with the public services payment procedures provided by the CDBG Program for all allowable expenses agreed upon by the parties to complete the Scope of Service. Reimbursement under this agreement will be based on billings, supported by appropriate documentation of costs actually incurred. It is expressly understood that claims for reimbursement will not be submitted in excess of actual, immediate cash requirements necessary to carry out the purposes of the Agreement. Funds available under this Agreement will be utilized to supplement rather than supplant funds otherwise available It is understood that this Agreement is funded in whole or in part with CDBG funds through the Washington State CDBG Program as administered by Commerce and is subject to those regulations and restrictions normally associated with federally-funded programs and any other requirements that the state may prescribe. 5. PERFORMANCE MONITORING The Local Government will monitor the performance of the Subrecipient as outlined in the Scope of Service (Attachment #1 to this Agreement) by tracking project progress, reviewing payment requests for applicable costs, managing the timely pass-through of CDBG funds, overseeing compliance with CDBG requirements, and ensuring recordkeeping and audit requirements are met. Substandard performance as determined by the Local Government will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the Local Government, contract suspension or termination procedures will be initiated. 6. SPECIAL CONDITIONS [This section of the Agreement can be used by Local Government to include special conditions specific to the particular activity or individual Subrecipient.] 7. GENERAL CONDITIONS A. General Compliance The Subrecipient agrees to comply with: a) The requirements of Title 24 of the Code of Federal regulations, Part 570 (HUD regulations concerning CDBG); and 2011 Public Services Grant Application Handbook 44 March 2011 b) All other applicable Federal, state and local laws, regulations, and policies, governing the funds provided under this Agreement 2011 Public Services Grant Application Handbook 45 March 2011 B. CDBG National Objective The Subrecipient certifies the activities carried out under this Agreement will meet a CDBG Program National Objective as defined in 24 CFR 570.208. C. "Independent Contractor" Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Subrecipient shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Local Government shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the Subrecipient is an independent contractor. D. Hold Harmless The Subrecipient shall hold harmless, defend and indemnify the Local Government from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the Subrecipient's performance or nonperformance of the services or subject matter called for in this Agreement. E. Workers' Compensation The Subrecipient shall provide Workers' Compensation Insurance Coverage for all of its employees involved in the performance of this Agreement. F. Insurance & Bonding The Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the Local Government. G. Funding Source Recognition The Subrecipient shall insure recognition of the roles of Commerce, the WA State CDBG program, and the Local Government in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, the Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. H. Amendments The Local Government or Subrecipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Local Government's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Local Government or Subrecipient from its obligations under this Agreement. I. Suspension or Termination In accordance with 24 CFR 85.43, the Local Government may suspend or terminate this Agreement if the Sub recipient materially fails to comply with any terms of this Agreement, which include (but are not limited to) the following: 2011 Public Services Grant Application Handbook 46 March 2011 a) Failure to comply with any of the rules, regulations or provisions referred to herein, or such statues, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; b) Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement. c) Ineffective of improper use of funds provided under this Agreement; or d) Submission by the Subrecipient to the Local Government reports that are incorrect or incomplete in any material respect. In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by either the Local Government or the Subrecipient, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the Local Government determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Local Government may terminate the award in its entirety. 8. ADMINISTRATIVE REQUIREMENTS A. Financial Management 1. Accounting Standards The Subrecipient agrees to comply with 24 CFR 84.21-28 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The Subrecipient shall administer its program in conformance with OMB Circulars A-122, "Cost Principles for Non-Profit Organizations," or A-21, "Cost Principles for Educational Institutions," as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. 3. Duplication of Costs The Subrecipient certifies that work to be performed under this Agreement does not duplicate any work to be charged against any other contract, subcontract or other source. B. Documentation and Record Keeping 1. Records to be Maintained The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: a) Records providing a full description of each activity undertaken; b) Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c) Records required to determine the eligibility of activities; d) Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e) Records documenting compliance with the civil rights components of the CDBG program; f) Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; 2011 Public Services Grant Application Handbook 47 March 2011 g) Other records necessary to document compliance with Subpart K of 24 CFR Part 570. 2. Access to Records and Retention All such records and all other records pertinent to this agreement and work undertaken under this agreement shall be retained by the Subrecipient for a period of six years after final audit of the Local Government's CDBG contract, unless a longer period is required to resolve audit findings or litigation. In such cases, the Local Government shall request a longer period of record retention. 3. Audits and Inspections All Subrecipient records with respect to any matters covered by this Agreement shall be made available to the Local Government, Commerce, and duly authorized officials of the state and federal government, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current Local Government policy concerning subrecipient audits and OMB Circular A-133. The Catalog of Federal Domestic Assistance (CFDA) number is 14.228. C. Reporting and Payment Procedures 1. Program Income The Subrecipient shall report annually all program income (as defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the Subrecipient shall comply with the requirements set forth at 24 CFR 570.504. 2. Periodic Reports The Subrecipient, at such times and in such forms as the Local Government may require, shall furnish the Local Government such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Agreement. D. Use and Reversion of Assets The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503, 570.504, as applicable, which include but are not limited to the following: 1. The Subrecipient shall transfer to the Local Government any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination. 2. Real property under the Subrecipient's control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of $25,000 shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until ten (10) years after the contract 2011 Public Services Grant Application Handbook 48 March 2011 between Commerce and the Local Government is closed. If the Subrecipient fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective for this 10- year period of time, the Subrecipient shall pay the Local Government an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property after the CDBG program's approval. Such payment shall constitute program income to the Local Government. The Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the ten-year period. 3. In cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds shall be program income. Equipment not needed by the Subrecipient for activities under this Agreement shall be (a) transferred to the Local Government for CDBG- eligible activities as approved by the CDBG program or (b) retained after compensating the Local Government. 9. PERSONNEL & PARTICIPANT CONDITIONS A. Civil Rights Title VI of the Civil Rights Act of 1964: Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, creed, religion, sex or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Section 109 of the Housing and Community Development Act of 1974: No person in the United States shall on the grounds of race, color, creed, religion, sex or national origin be excluded from participation in, be denied benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. Age Discrimination Act of 1975, as Amended No person shall be excluded from participation, denied program benefits, or subjected to discrimination on the basis of age under any program or activity receiving federal funding assistance. (42 U.S.C. 610 et. seq.) Section 504 of the Rehabilitation Act of 1973, as Amended No otherwise qualified individual shall, solely by reason or his or her disability, be excluded from participation (including employment), denied program benefits, or subjected to discrimination under any program or activity receiving Federal funds. (29 U.s.C. 794) Public Law 101-336, Americans with Disabilities Act of 1990 Subject to the provisions of this title, no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity. B. Section 3 of the Housing and Community Development Act of 1968 Compliance in the Provision of Training, Employment, and Business Opportunities: 1. The work to be performed under this agreement is on a project assisted under a program providing direct federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower-income residents of the project area; and contracts for work in connection with 2011 Public Services Grant Application Handbook 49 March 2011 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. 2. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of HUD set forth in 24 CFR 135, and all applicable rules and orders of HUD and Commerce issued there under prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability that would prevent them from complying with these provisions. 3. The Subrecipient will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. 4. The Subrecipient will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant, or recipient of federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of HUD, 24 CFR Part 135. The Subrecipient will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract, unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations 5. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of HUD and Commerce issued hereunder prior to the execution of the contract, shall be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements shall subject the applicant, or recipient, its consultants and subcontractors, its successors and assigned to those sanctions specified by the grant or loan agreement or contract through which federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. C. Conduct 1. Assignability The Subrecipient shall not assign or transfer any interest in this Agreement without the prior written consent of the Local Government thereto; provided, however, that claims for money due or to become due to the Subrecipient from the Local Government under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Local Government and Commerce. 2. Conflict of Interest No member of the Local Government's governing body and no other public official of such locality, who exercises any functions or responsibilities in connection with the planning or carrying out of the project, shall have any personal financial interest, direct or indirect, in this agreement; and the Subrecipient shall take appropriate steps to assure compliance. The Subrecipient agrees to abide by the provisions of 24 CFR 84.42 and 570.611, which includes maintaining a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. 2011 Public Services Grant Application Handbook 50 March 2011 The Subrecipient covenants that its employees has no interest and shall not acquire interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of services hereunder. The Subrecipient further covenants that in the performance of this Agreement, no person having such interest shall be employed. 3. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions a) The lower tier contractor certifies, by signing this contract that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. b) Where the lower tier contractor is unable to certify to any of the statements in this contract, such contractor shall attach an explanation to this contract. c) The contractor further agrees by signing this contract that it will not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction D. Copyright If this Agreement results in any copyrightable material or inventions, the Local Government and/or Commerce reserves the right to royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes. E. Religious Activities The Subrecipient agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.200U), such as worship, religious instruction, or proselytization. 10. SEVERABILITY If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. 11. PERFORMANCE WAIVER The Local Government's failure to act with respect to a breach by the Subrecipient does not waive its right to act with respect to subsequent or similar breaches. The failure of the Local Government to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. 2011 Public Services Grant Application Handbook 51 March 2011 12. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the Local Government and the Subrecipient for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the Local Government and the Subrecipient with respect to this Agreement. The attachments to this Agreement are identified as follows: Attachment #1, Scope of Service, consisting of _ pages. Attachment #2, CDBG contract between Commerce and the Local Government, consisting of _ pages. IN WITNESS WHEREOF, the Local Government and the Subrecipient have executed this agreement as of the date and year last written below. <name of Local Government> <name of Subrecipient> By By Title Title Date Date Approved As To Legal Form: Attorney 2011 Public Services Grant Application Handbook 52 March 2011 Attachment #1 - SCOPE OF SERVICE A. Principal Tasks B. Budqet and Method of Compensation C. Staffinq O. Periodic Reports 1. Quarterly Beneficiary Reporting Forms with data on the use of COBG funds, including the number of: . Persons served; . Low- and moderate-income persons served: . Persons with new access to a service; and . Persons with increased/improved access to a service. 2. No more than monthly and no less than quarterly, A-19 Invoice Vouchers with a written narrative report on the services and expenditures funded by COBG as back-up documentation of the COBG reimbursement payment request. 3. Other: E. Local Government Oversiqht Plan 1. Review and approval authority for each payment request for COBG reimbursement. 2. Annual on-site monitoring visit. 3. Receipt and review of community action agency's annual audit report, Management Letter (if received), and any documentation of any COBG-related findings. 4. Annual public hearing to receive input on program performance. 2011 Public Services Grant Application Handbook 53 March 2011 Attachment #2 - CDBG CONTRACT BETWEEN COMMERCE AND LOCAL GOVERNMENT To be attached. 2011 Public Services Grant Application Handbook 54 March 2011