HomeMy WebLinkAbout041811_ra03
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO:
Board of County Commissioners
Philip Morley, County Admini~trator
DATE:
April IS, 2011
SUBJECT:
HEARING 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)
STATEMENT OF ISSUE:
OlyCAP, a non-profit organization, has requested that the County continue to work with them to lIdminister 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. This public hearing is required for the Board to take
comments on the new grant proposal and on the activities from the previous year in order to close out the
2010 grant. The Board signed the hearing notice on the CDBG Grant closeout on April 4, 2011 and it was
advertised in The Leader on April 6 and 13,2011.
FISCAL IMPACT:
The total grant funding is $71,474 and the County receives $1,500.
RECOMMENDATION:
After receiving testimony at the public hearing, it is recommended that the Board approve the resolution in
the matter of certification of compliance for the CDBG Public Services Grant which also designates the
County Administrator as the authorized Chief Administrative Official to act in all official matters in
connection with this application and Jefferson County's participation in the CDBG Program.
y;f3/;;
Date
STATE OF WASHINGTON
County of Jefferson
In the Matter of:
Certification of Compliance
for CDBG Public Services Grant
}
}
}
RESOLUTION NO.
WHEREAS, Jefferson County is applying to the State Department of Commerce
for funding assistance; and,
WHEREAS, it is necessary that certain conditions be met as part of the
application; and,
WHEREAS, Philip Morley, County Administrator, is authorized to submit this
application to the State of Washington, on behalf of Jefferson County; and,
NOW, THEREFORE, BE IT RESOL VED, that the Board of Jefferson County
Commissioners authorizes submission of this application to the State Department of Community,
Trade and Economic Development to request $71,474.00 to fund public service activities in
coordination with the Olympic Community Action Programs, 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 104(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 minimi7.e 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;
Page 1 of2
RESOLUTION NO.
re: Certification of Compliance for CDBG Public Services Grant
. Will conduct and "dminister its program in conformance with Title VI of the Civil Rights
Act of 1964 and the Fair Housing Act, and will affirmatively further fair housing, (Title
VI11 of the Civil Rights Act of 1968); and
. Has adopted 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 and implemented 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
demonstrations within its jurisdiction, in accordance with Section 104(1) of the Title I of
the Housing and Community Development Act of 1974, as amended; and
. Will provide, upon request, and prior to any obligation of funds being made, a complete
and accurate CDBG Federal Funds Disclosure Report detailing the required
applicant/grantee information, and as appropriate other government assistance provided
or applied for, interested parties and expected sources, and uses offunds.
BE IT FINALLY RESOLVED, that the Board of Jefferson County Commissioners,
designates the County Administrator, as the authorized Chief Administrative Official and
authorized representative to act in all official matters in connection with this application and
Jefferson County's participation in the Washington State CDBG Program.
APPROVED AND ADOPTED this
day of
2011.
SEAL:
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
ATTEST:
John Austin, Chair
Phil Johnson, Member
Loma L. Delaney
Clerk of the Board
David Sullivan, Member
Page 2 of2
~ - ~
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 of2011 award amounts for the July through December 2011 period.
Commerce has not yet received the state's 2011 CDBG award from the U.S. Department of Rousing 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 2011. 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 2011 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, including the funds for County lldministration
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 CDBG Public Services Grant, please contact Kaaren Roe at
(360) 725-3018 or kaaren.roe@commerce.wa.govregardingyour2011 application. and Diane Mayfield
at (360) 725-3022 or diane.mayfie1d@commerce.wa.govregardingyourcurrentgrant.
Sincerely,
Karen J. Larkin
Assistant Director
Enclosure
,.. -"
2011 COBG PUBLI~i~J;RVI~~~.GRANTAMOUNTS
Six. Months(JuIY7~~~rnber 2011.>*
SUBRECIPIENT COUNTY CM
COUNTY COMMUNITY ACTION AGENCY ADMIN $ TOTAL $
Asotin Community Action Partnership 1,500 18,800
Grant Opportunities Industrialization Center
1,500
1,500
75,222
81,372
Grays Coaatal Community ActIon Program
Harbor
Jefferson Olympic Community Action Programs
1,500
69,974
KittItas HopeSource
53,983
1,500
Okanogan Okanogan County Community Action
Council
Skamania Washington Gorge Action Programs
1,500
61,658
1,500
1,500
51,633
71,824
stevens NE WA Rural Resources
Development Association
Thurston CAC of Lewis, Mason & Thurston
Counties
1,500
57,248
Walla Walla Blue Mountain Action Council
1,500
64,762
WhItman
Community ActI.on Center
Yakima Valley Farm Workers Clinic I
Northwest Community Action Center
1,500
61,484
1,500
92,849
Yakima
TOTALS
$18,000
COBG
TOTAL $
20,300
76,722
82,872
71,474
55,483
63,158
53,133
73,324
58,748
66,262
62,984
94,349
$778,806
I ,-,~ ~'-'-'-'~ -'~,'~.'-'~'.?t""..
i 50% of
:$1,557.. ,61...Z.
!. . . ............
*Washlngton 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 Com,merce
Innovatio,n is in our nature.
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 Govemment and Infrastructure
Division
John laRocque
Managing Director
Technical Assistance and Financial Services
Unit
Kaaren Roe
Program Lead
(360) 725-3018
!<aaren.roeCIDcommerce.wa.aov
Lynn Kohn
Project Manager
(360) 725-3042
Ivnn.kohnCIDcommerce.wa.aov
Phyllis Cole
Project Manager
(360) 725-4001
phvliis.coleCIDcommerce. wa.aov
Laurie Dschaak
Contract Assistant
(360) 725-5020
laurie.dschaakCIDcommerce.wa.aov
Diane Mayfield
CDBG Public Services Grants Contract Manager
(360) 725-3022
diane.mavfleldCIDcommerce.wa.aov
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 TOD: (360) 664-3123
www.commerce.wa.aov/cdba
.
.
TABLE OF CONTENTS
GENERAL APPLICATION INFORMATION ..................... ........ ...... .............1
2011 CDSG Public Services Grant Amounts .............................................................3
General Application Information ............... .......... .... ......................... ... ..... ..... .............. 5
Application Changes from 2010 .................................................................................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 CDSG Public Services Activities..................... 27
Citizen Participation Requirements...... ....................................................... ............... 29
Sample Public Hearing Notice ............................................................................33
Sample Grievance Procedure ............ ................. ........................... ..................... 35
Public Hearing Handout: CDSG Program Factsheet .........................................37
Public Hearing Handout: Federal Citizen Participation Requirements ................ 39
Sample Sub recipient Agreement ...... .................................................. .... ................... 41
--~ --.-
~'
.
GENERAL APPLICATION
INFORMATION
This section contains details on funding levels, basic eligibility, and tips to ensure your
submittal Is complete.
. 2011 CDBG Public Services Grant Amounts
. General Application Information
. Application Changes from 2010
. Roles and Responsibilities
. Submittal Instructions
. Definitions
. Eligiple Activities
. Ineligible Activities
All application materials are available on our webslte at www.commerce.wa.aov/cdbg un(:ler
Public Services Grants. If you need an electronic form please call (360) 725-5020 or email:
laurie.dschaak@commerce.wa.aov.
2011 PubDc Services Grant Appncatlon Handbook
1
March 2011
.
',-','-:-', .:......',..-
".'~ :"':--' : '-,' -,>':-
r4rrAfJlOUNTS.
"-"- ,- .,', - '-,'-', .O:':~~.___" - .~- _.. _' ..
. .
':':'-',''',
"\'.-,\~:~,,:h~/,::::; -,
c-:"'.';,: :)',,;;-;-
::::ljt';::i">r,
-",'
COUNTY CM CDSG
CONTRACT # TOTAL $ TOTAL $
Asotin Community Action Partnership .1,500 18,800 20,300
11-64100-001
Grant Opportunities Industrlalization 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 I 1.500 92,649 94,349
11-64100-012 Northwest Community Action Center
*Washlngton State Is expecting reductions In Its 2011 CDSG 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 CDSG award from HUD and
establishes a revised Public Services Grant formula. CDSG 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 Fundina: Washington State anticipates late receipt of its 201taward 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 Summary 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 Reaistration: 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.
Project Summary Complete with CM and Complete with county
sign
Project DescriptionILow- and Moderate- Review to approve Complete
Income Benefit Table activities to be funded
Citizen Participation Advertise and conduct Share public hearing
Copy of the published public hearing public hearing, notice with stakeholders
. distributing CDBG and attend hearing
notice or an affidavit of publication handouts at the hearing
. Public hearing minutes
. Outreach and Accommodation Form
. Grievance Procedure
Resolution with Certifications of Compliance Complete and adopt
Trtle VI Certification Complete and sign
2011 pubnc Services Gmnt AppllcaUon Handbook 5 March 2011
.
.
3;'fi!thltfit!trcm.'"
!~rI~~~I.l
COBG contract between Commerce and Sign and return all
county copies for Commerce
signature
Subrecipient Agreement between county and Use sample, complete
CM 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:
Attn: Laurie Oschaak
Department of Commerce
1011 Plum st SE
PO Box 42525
Olympia, WA 98504-2525
DEFINITIONS
COBG Eliaible Public Services - A new or increasedlimproved level of direct services for COBG eligible
clients.
COBG Ellaible Clients - People whose incomes meet low to moderate Income (lMI) standards according
to 2009 Income Limits on the COBG webslte or who are in one of the HUO-defined groups presumed to
be lMI. See instructions to the Project Description and LMI Benefit 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.
Eliaible Costs -
. Direct costs: Program staff. salarieslbenefits, including supervisory staff directly involved In the
management of the COBG 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 COBG 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 ACTMTIES
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 atlachments 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 indMduals 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.aovor Laurie Dschaak at (360)
725-5020 or laurie.dschaak@commerce.wa.oov if you have questions. Forms are available at
www.commerce.wa.aov/cdba under Public Services Grants.
2011 Public Services Grant Application Handbook
7
March 2011
:--
=-c~
.
APPLICATION FORMS
· COSG Project Summary
· Project Description and LMI Benefit Table
· Documentation of Citizen ParticIpation Conducted
· Outreach and Accommodation for Non-English Speaking Residents
Form
· Resolution with Certiflcatlons of Compliance
. Title VI Certiflcatlon
All appllcatlon materials are available on our websIte at www.commerce.wa.aov/cdbg under
Public Services Grants. If you need an electronic form emailed to you, call (360) 725-5020 or
email: laurfe,dschaaklB>.commerce.wa.aov.
2011 PubOc Servlces Grant Application Handbook
9
March 2011
COBG PROJECT SUMMARY
1. Grant Type: IZI Public Services Grant
2. Jurisdiction: Phone:
Address - Mail: Fax#:
Address - Street: Fed Tax ID #:
City, Zip Code SWV #:
Email: DUNS #:
CCR Exp. Date:
3. Contact Person: Title:
Address - Mail:
Address Street: Phone:
City, Zip Code: Fax#:
Email:
4. Subreclplent: Trtle:
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 iow- and moderate-income persons in the county(s) listed
above.
,
2011 PubDc Services Gmnt Application Handbook
11
March 2011
.
9. National Objective: J:gI Principally benefits low- and moderate-income persons or households. .
10. Project Budget: CDBG $ July - December 2011
CDBG Program Income $
CSBG $
TOTAL $
11. Project Beneficiaries: # of Persons
# of LMI Persons LMI Percentage: 0/0
# of Households
# of LMI Households
# of persons with new (N) access to services
# of persons with increased or improved (I) access to services
12. How are the beneficiaries determined LMI? ~ 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
coffect to the best of the govemmenrs 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 PubDc Services Grant AppDcatlon Handbook 12 March 2011
COBG 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.wa.aovlisd/vendors/default.aso.
~ A Data Universal Number System (DUNS) number is required for recipients of federal funds.
Obtain a DUNS number at www.arants.aov/aoolicants/reauest duns number.iso.
~ 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.bon.aov/ccr.
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.arants.aov/aoolicants/reauest duns number.iso.
5. Ust the month and day of the applicant's fiscal year from beginning to end.
6. Ust 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.
~ List the CDBG amount from the CDBG Public Services Grant Amounts table, includina county
administration.
~ 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.
~ 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.
~ 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.
~ Complete the application's Project Description and Low-end 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 CM. 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.aov/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 SUBMIT THIS FORM WITH THE APPUCA nON ~
A. Activity
B. Level of C. Method for Ensuring Benefit To
Service LMI Persons
List all service programs to be
funded by CDBG July-Dee, 2011
(N) = New
I = Increase
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 COSG Public Services
Grant in partnership with the local
community action agency.
$
Community Action Agency
N/A
County Administration
$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 PubDc Services Grant AppDcetlon 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.
>> To improve accountability, we encourage funds be distributed between fewer
activities.
Column B: CDBG funds are to support a new service or an increasedlimproved 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 meat 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 . Bderly 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 LMllncome 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
DOCUMENTATION OF CITIZEN PARTICIPATION CONDUCTED
Oetailed information on the COBG citizen perticipation requirements Is provided In the attached
Appendix. Also, the Appendix includes the required COBG Handouts for your public hearing, a
sample public hearing notice. and a sample Grievance Procedure.
./ The Outreach & Accommodation for Non-English Speaking Residents Form on the
backside of this page.
./ A copy of the COBG public hearing minutes, including a statement that the COBG 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 govemmenfs adopted Grievance Procedure that will apply to the
roO ect. e cou can re-submlt the rocedure 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 govemmenfs 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 COBG requirements for outreach and accommodation for non-English
speaking residents, the local government must:
..., Complete and submit the Outreach and Accommodation for Non-English Speaking
Residents form with the application.
..., Properly advertise the public hearing (chose the applicable accommodation clause from
the sample public hearing notice provided in the Appendix), and
..., 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 govemmenfs population speaks English less than .very well"
or if more than 10 percent of the projecfs 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 B. 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 Gmnt Application Hendbook
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.):
o 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 COBG public hearing, check the boxes that apply,
provide any additional Information, and complete 0 below (skip C):
o The public hearing notice was advertised in an alternate language.
o The public hearing was announced on an alternate language radio or television station.
o 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)
o Members of organizations and advocacy groups representing non-English speaking
populations were invited to attend the COSG public hearing.
o Leaders and interested parties from the minority community were directly invited to attend
the COSG public hearing.
o 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:
o The COBG 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
o The COSG 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:
o The COSG 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
o COBG 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
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 104(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 Trtle VI of the Civil Rights Act of 1954 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 PubDc Servlces Grant Application Handbook
21
March 2011
(Name of county) designates (name of county commission chair, county administrator, county official) as he
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 CDSG
Program.
Signature
Date
Name
Title
Attested
Date
2011 Pubnc 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 COBG 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.aov/cdba
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.
Sianature .
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.
Usina 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 PubUc Services Grant AppUcatlon 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)(I) 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 HawaiianlPacific Islander
Black or African American American Indian/Alaskan NativeJWhite
Asian AsianlWhite
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.aov or use more
current data from local or state sources. On the US Census website:
. Under Fast Access to Information, enter the cityltown 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 COBG 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 COBG project:
_ Will receive similar services provided through existing progrems. Go to 6.
_ Do not receive similar services provided through existing programs. (Brief explanation)
5. For those protected groups that will not benefit from COBG, 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 COBG 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
COBG project.
A final public hearing to receive comment on the COBG project will be conducted with
outreach and accommodation for non-English speaking residents, if applicable.
Other.
Date
Signature of Chief Administrative Official
Date
Name of Chief Administrative Official
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 COBG 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 concemed 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 govemment
(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 govemment.)
2011 Public Services Grant Application Handbook
29
March 2011
CITIZEN PARTICIPATION REQUIREMENTS
Public participation is a COBG 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 COBG funds, a jurisdiction must show it has involved its citizens in the COBG
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 COBG funds and to provide an opportunity for community members
to present potential projects and offer input on proposed projects.
If a jurisdiction 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.
THE MINIMUM CITIZEN PARTICIPATION STEPS
1. Conduct at least one public hearing prior to submission of the COBG 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. Oistribute information on.the availability .of COBG 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 COBG funds. A sample grievance procedure is
provided In this Appendix.
6. Oocument that the notice was published and the hearing was held.
2011 PubUc Services Grant Application Handbook
31
March 2011
REQUIRED CITIZEN PARTICIPATION DOCUMENTATION
~ A copy of the public hearing minutes, including a statement that the COBG 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.
~ The Outreach & Accommodation for Non-English Speaking Residents Form.
~ A copy of the local govemment'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 hearina? - A public hearing is a meeting of a governmental body during which
the public is invited to the council or 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. 00 not assume a regular council or board meeting will meet the public
hearing requirement.
Who must conduct the hearina? - 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 COBG requirements.
When must the hearina be held? - Prior to submission of .the COSG application and within 18
months of the application submittal date.
Where must the hearina 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, generaliy 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 COSG 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 sav? - A sample notice is provided in this Appendix.
3. Public Hearing Purpose
What must the COSG hearina 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 COSG funds. The COSG 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 meat
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.aov and then following these
directions:
. Under Fast Acoass to Information, enter the cityltown 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 orocedure 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 PubDe 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 govemment 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.
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.
Where/When:
Basic Clause:
Clause describing the
availability of funds and
elig.ible uses:
Comment clause:
2010 contract closeout
clause:
Accommodation clause:
For applicants who
checked box C. in the
Outreach and
Accommodation Form:
Or
For applicants who
checked box D. 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
chamberslhearfng 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 (CM 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 COBG Public Services Grent awards
will also be received.
The (council chamberslhearing 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
chamberslhearfng 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 PubUc Services Grant Application Handbook
35
March 2011
,
SAMPLE GRIEVANCE PROCEDURE
;0. 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.
'.N~l~:TI1i~~ti7V'~flC6 P~OCfldCJr&lsiftlJ~{1'd~dtdserve'~~.~1Jl:1ide:~CJ:Sh:QUld.berevised to
JrefleptIoGalr;ltWrnstarJCesnto.' .' .otatefln; IEl . lca~A1wteorJocef.laws.
1. Submit complaints in writing to the designated official (such as the city manager, cityf.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 discu!!sed 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 PubDc Services Grant Application Handbook
37
March 2011
,
,
Department of Commerce
Innovation is in our nature.
PUBLIC HEARING HANDOUT
Community Development Block Grant Program
For More
Information:
John laRocque
Managing Director
360.725.3166
iohn.larocauetalcommerce.wa.aov
Kaaren Roe
CDBG Program Manager
360.725.3018
kaaren.roe@)commeroe.wa.aov
Lynn Kohn
General Purpose Grant
Project Manager
360.725.3042
Ivnn.kohnl1ilcommerce.wa.aov
Phylns Cole
Planning-Only Grant
Project Manager
360.725.4001
ohvlfis.colel1ilcommeroe.wa.aov
Laurie Dschaak
CDBG Contract Assistant
360.725.5020
1aur1e.dschaakl1ilcommerce.wa.aov
Steve Saylor
Economic Development
Grants & Loan Services
360.725.4046
steve.savlorl1ilcommerce.wa.aov
Estimated 2011 amounts are
based on the 2010 HUD
allocation to the stete.
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 milJion 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. Iftotal project costs exceed $10
million, the maximum grant can be $1.5 million. Application materials
are released in October 201 0, 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.
2011 PublIc Services Grant Application Handbook
39
March 2011
PUBLIC HEARING HANDOUT
· Housing Enhancement Grants $1,000,000
Contact: Kaaren Roe
Companion funds to support priority applications sulimittoo 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
Corttact: Steve Saylor
Provides eligible jurisdictions with short-term loans for economic
developmentljob 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
HUO 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
COBG 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 PubUc Services Grant Application Handbook
40
March 2011
PUBLIC HEARING HANDOUT
Federal Citizen Participation Requirements
for Local Government Applicants to the State CDBG Program
Federal Reaulations 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 COBG
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 COBG funds;
(3) Furnish citizens information, including but not limited to:
(i) The amount of COSG 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 COSG funds;
(iii) The estimated amount of the COBG 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 COSG activities likely to result in displacement and the unit
of general local governmenfs 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.
SubstantiaUy 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 PubUc Services Grant Application Handbook
41
March 2011
.
SUBRECIPIENT AGREEMENT FOR CDBG PUBLIC SERVICES
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 actMtles 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 benefrts 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. Subreclpient 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 Governmenfs COBG
contract, and will be in effect for the time period during which the Subrecipient remains in control of
COBG funds or other CDBG assets.
2011 Public Servlces Grant AppllceJlon Handbook
43
March 2011
3. BUDGET
The Subreclpient 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 rnore 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 Governmen
as consistent with its CDBG contract with Commerce and then approved in writing by the Local
Government and the SubreciplelJt.
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 recordkeeplng 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 Subreclpient 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 cornply with:
a) The requirements of Title 24 of the Code of Federal regulations, Part 570 (HUD regulations
concerning CDBG); and
2011 PubUc 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 Servfces Grant Appllcatlon 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
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 Govemmenfs
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 Subrecipient materially fails to comply with any terms of this Agreement, which
include (but are not limited to) the following:
2011 PooRe 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 OMS Circulars A-122, 'Cost
Principles for Non-Profit Organizations,' or A-21. 'Cost Principles for Educationallnstltutions,' as
applicable. These principles shall be applied for all costs incurred whether charged on a direct or
indirect basIs.
3. Duplication of Costs
The Subreclpient 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 Pubnc Services Grant Appncatlon 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 Subreclpie!)t. Failure of the Subrecipient to comply with the above audit
requirements will constiMe 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 incorne 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 Subrecipienfs control that was acquired or improved, in whole or in
part, with funds under this Agreement in eXC65sof $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 Servlces 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
CDBGprogram's approval. Such payment shall constitute program Income to the Local
Govemment. 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, sax 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. saq.)
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. 1701u.
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 AppUcatlon Handbook
49
March 2011
'.
.
the project be awarded to business concerns which are located in, or owned in substantial pa
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 regulation
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 Subreclpient 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 Subreclplent will includ~ 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 su~ssors, 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 writte
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 Governmenfs 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
Subreclplent shall take appropriate steps to assure compliance.
The Subreclpient 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 Subreciplent agrees that funds provided under this Agreement will not be utilized for inherently
religious activities prohibited by 24 CFR 570.2000), such as worship, religious instruction, or
proselytizatlon.
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 Governmenfs 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 PubDc Services Gmnt Appllcatlon Handbook
51
March 2011
,
.
12. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the local Govemment 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 Govemment
and the Subreclplent 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 Govemment, consisting of _
pages.
IN WITNESS WHEREOF, the local Govemment and the Subreclplent have executed this agreement as
of the date and year last written below.
<name of Local Govemment>
<name of Subreciplent>
By
Title
By
l1tle
.
Date
Date
Approved As To Legal Form:
Attomey
2011 PubRe Selvlces Grant AppDcatIon Handbook
52
March 2011
.
,
.
Attachment #1 - SCOPE OF SERVICE
A. Princioal Tasks
B. Budqet and Method of Comoansation
C. Stafflna
O. PeriodIc Reoorts
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 seryice; and
. Persons with IncraasedJlmproved access to a service.
2. No mora than monthly and no less than quarterly, A-19lnvoice Vouchers with a written
narrative raport on the services and expendituras funded by COBG as back-up
documentation of the COBG ralmbursement payment raquesl
3. Other:
E; Loeal Government Overslaht Plan
1. Review and' approval aUthority for each payment raquest for COBG reimbursement
2. Annual on-site monitoring visit.
3. Receipt and raview of community action agency's annual audit raport, Management
Letter (If racelved), and any documentation of anyCOBG-related findings.
4. Annual public hearing to racelve input on program performance.
2011 PubUc 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