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Home My WebLink About031014_ca01Consent Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Leslie Locke, Deputy Clerk of the Board DATE: March 10, 2014 SUBJECT: HEARING NOTICE re: Community Development Block Grant (CDBG) Application; 2014 Public Service Grant and Close Out of the 2013 Public Service Grant; Olympic Community Action Programs (OlyCAP); Hearing Scheduled for Monday, March 24, 2014 at 10:15 a.m. in the Commissioners' Chambers STATEMENT OF ISSUE: OlyCAP, a non -profit organization, has requested that the County continue to work with them to administer a Community Development Block Grant (CDBG) from the Washington State Department of Commerce (DOC). 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 DOC for a CDBG Grant to provide essential services to low- income clients in Jefferson County. A grant application is submitted annually in order to continue funding. A public hearing is required. At this hearing, the Board will also take comments on the new grant proposal and on the activities from the previous year in order to close out the 2013 grant. FISCAL IMPACT: The total 2014 grant funding available for Jefferson County is $99,249 with the County receiving $3,000 for administration costs. RECOMMENDATION: The Board sign the hearing notice on the CDBG Grant. The hearing is scheduled for Monday, March 24, 2014 at 10:15 a.m. in the Commissioners' Chambers. The notice will be published in the Leader on March 12 and 19, 2014. REWWED 1 //J flip iorl ministrator Date Please publish 2 times: March 12 and 19, 2014 Contact Person: Leslie 385 -9100 Bill to: Jefferson County Commissioners P.O. BOX 1220 Port Townsend, WA 98368 Bill Account # 15829 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a public hearing is scheduled by the Jefferson County Board of Commissioners for Monday. March 24 2014 at 10 :15 a.m. in the Commissioners' Chamber, County Courthouse, 1820 Jefferson Street, Port Townsend, WA 98368. The purpose of the public hearing is to review community development and housing needs, inform citizens of the availability of funds and eligible uses of the State Community Development Block Grant (CDBG), and receive comments on proposed activities, particularly from low- and moderate - income persons residing in Jefferson County. $99,249 will be available to Jefferson County and the Olympic Community Action Programs (OlyCAP) to fund public service activities that principally benefit low- and moderate - income persons. An overview of the proposed public services will be available for review at the Jefferson County Commissioners Office, from 8:30 a.m. to 4:30 p.m. Monday through Friday. Comments may also be submitted in writing to the Jefferson County Commissioners until the date of the hearing. Comments on the County's and Olympic Community Action Programs' (OlyCAP) past performance and use of their 2013 CDBG Public Services Grant will also be received at this public hearing. The Commissioners Chambers is handicap accessible. Arrangements to reasonably accommodate special needs, including handicap accessibility or interpreter, will be made upon receiving 24 -hour advance notice to the County Commissioners Office. Signed this 10th day of March, 2014. JEFFERSON COUNTY BOARD OF COMMISSIONERS John Austin, Chairman Community Development Block Grant 2014 Public Services Grant Application Handbook Brian Bonlender Director February 2014 WASHINGTON STATE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 2014 PUBLIC SERVICES GRANT APPLICATION HANDBOOK Kendee Yamaguchi Assistant Director Local Government and Infrastructure Division Cecilia Gardener Managing Director Program and Policy Development Unit CDBG Program Staff Kaaren Roe Program Lead (360) 725 -3018 kaaren.roeCa)-commerce.wa.gov Phyllis Cole Project Manager (360) 725 -4001 phyllis.coleCa)-commerce.wa.gov Laurie Dschaak Grant Specialist (360) 725 -5020 laurie .dschaakCa)-commerce.wa.gov Jon Galow Project Manager (509) 847 -5021 0on.galowa- commerce.wa.gov Contract Administration Unit Staff Carrie Calleja CDBG Public Services Grants Contract Manager (360) 725 -3015 carrie .calleja�merce.wa.gov 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 TDD: (360) 664 -3123 www.commerce.wa.gov /cdbg TABLE OF CONTENTS 2014 CDBG Public Services Grant Amounts ............................... .............................10 General Application Information .................................................. .............................12 Application Changes from 2013 ................................................... .............................11 Roles and Responsibilities ........................................................... .............................11 Application and Format Submittal Instructions ............................. .............................12 Award and Contracting Timeline .................................................. .............................12 Definitions.................................................................................... .............................12 EligibleActivities .......................................................................... .............................12 IneligibleActivities ....................................................................... .............................13 APPLICATION FORMS AND CERTIFICATIONS ....... ............................... 14 Project Summary Form and Instructions ..................................... .............................16 Project Description and LMI Benefit Table & Instructions ............ .............................20 ServicesBudget .......................................................................... .............................24 Citizen Participation Documentation ........................................... .............................26 Resolution with Certifications of Compliance and Instructions ..... .............................28 TitleVI Certification ...................................................................... .............................32 APPENDICES.............................................................. ............................... 34 Eligible CDBG Public Services Activities ..................................... .............................36 Federal Regulation Excerpt .................................................... .............................36 Public Services Definitions and Codes ................................... .............................38 Eligible Housing - Related Services ......................................... .............................42 CDBG Citizen Participation .......................................................... .............................44 Citizen Participation Requirements ........................................ .............................45 Sample Public Hearing Notice ................................................ .............................47 Sample Grievance Procedure ................................................ .............................48 Public Hearing Handout: CDBG Program Fact Sheet ........... .............................50 Public Hearing Handout: Federal Citizen Participation Requirements .................52 Public Hearing Handouts in Spanish ..................................... .............................54 Sample Subrecipient Agreement ................................................. .............................58 CDBG Public Services Grant Quarterly Beneficiary Reporting Form ........................72 GENERAL APPLICATION INFORMATION This section contains details on funding levels, basic eligibility, and tips to ensure your submittal is complete. • 2014 CDBG Public Services Grant Amounts • General Application Information • Application Changes from 2013 • Roles and Responsibilities • Submittal Instructions • Award and Contracting Timeline • Definitions • Eligible Activities • Ineligible Activities 0 2014 CDBG PUBLIC SERVICES GRANT AMOUNTS -proposed COUNTY SUBRECIPIENT COUNTY SERVICE COUNTY CAP CDBG CONTRACT # COMMUNITY ACTION PROGRAM AREA ADMIN $ TOTAL $ TOTAL $ Asotin Community Action Partnership Asotin 14- 65400 -001 $3,000 $34,927 $37,927 Benton Benton Franklin Community Benton, Franklin 14- 65400 -002 Action Connections $3,000 $62,662 $65,662 Chelan Chelan - Douglas Community Chelan, Douglas 14- 65400 -003 Action Council $3,000 $56,697 $59,697 Cowlitz Lower Columbia Community Cowlitz, Wahkiakum 14- 65400 -004 Action Council $3,000 $66,618 $69,618 Grant Opportunities Industrialization Adams, Grant 14- 65400 -005 Center $3,000 $126,070 $129,070 Grays Harbor Coastal Community Action Grays Harbor, 14- 65400 -006 Program Pacific $3,000 $107,887 $110,887 Jefferson Olympic Community Action Clallam, Jefferson 14- 65400 -007 Programs $3,000 $96,249 $99,249 Kittitas HopeSource Kittitas 14- 65400 -008 $3,000 $80,359 $83,359 Klickitat Washington Gorge Action Klickitat, Skamania 14- 65400 -009 Programs $3,000 $67,798 $70,798 Lewis CAC of Lewis, Mason and Lewis, Mason 14- 65400 -010 Thurston Counties $3,000 $95,945 $98,945 Okanogan Okanogan County Community Okanogan 14- 65400 -011 Action Council $3,000 $78,414 $81,414 Skagit Community Action of Skagit Skagit 14- 65400 -012 County $3,000 $54,236 $57,236 Stevens Rural Resources Community Ferry, Lincoln, Pend 14- 65400 -013 Action Oreille, Stevens $3,000 $94,191 $97,191 Walla Walla Blue Mountain Action Council Columbia, Garfield, 14- 65400 -014 Walla Walla $3,000 $43,835 $46,835 Whatcom Opportunity Council Island, San Juan, 14- 65400 -015 Whatcom $3,000 $119,118 $122,118 Whitman Community Action Center Whitman 14- 65400 -016 $3,000 $99,384 $102,384 Yakima Northwest Community Action Yakima 14- 65400 -017 Center $3,000 $164,610 $167,610 TOTAL $51,000 $1,449,000 $1,500,000 APPLICATION CHANGES FROM 2013 The application forms have been updated. To ensure your application meets CDBG requirements and expedient processing, DO NOT use previous versions. • Eligible public services information was consolidated and clarified. • The Project Summary now requires four digits following the postal zip code. This will allow Commerce to enter the CDBG award into the federal contracts database. • Column A in the Project Description & Low -and Moderate - Income Benefit Table is revised to have you list the applicable HUD codes defined on pages 38 -40. • The Services Budget is re- formatted and includes instructions • The environmental review exemption form is not required this year, since last year's certification covers at least two years of similar services. ROLES AND RESPONSIBILITIES Counties coordinate with Community Action Programs (CAPs), the subrecipients of CDBG Public Services Grants, to complete this application. FORMS AND FtEQU1REME IT COUNTY AND COMMUNITY ACTION COMMISSIONERS PROGRAM Submit these application documents and certifications by April 7, 2014 (or earlier). Project Summary Complete with CAP and Complete with county sign Project Description /Low- and Moderate- Review for approval of Complete Income Benefit Table services to be funded Services Budget Review for approval of Complete proposed use of funds Citizen Participation Documentation form Assess outreach, Share public hearing • Copy of the published public hearing advertise and conduct notice with stakeholders notice or an affidavit of publication public hearing, and attend hearing distributing CDBG • Public hearing minutes handouts at the hearing • Grievance Procedure Resolution with Certifications of Compliance Complete and adopt Title VI Certification Complete and sign Submit these signed agreements before the first payment request for 2014 funds. The CDBG contracts should be signed and returned within 3 weeks of receipt. CDBG contract between Commerce and Sign and return all copies county for Commerce signature Subrecipient Agreement between county Use sample, complete Complete and sign with and CAP with CAP, and sign county before first before first request for request for 2014 funds 2014 funds 10 APPLICATION FORMAT AND SUBMITTAL • Submit your application forms and documentation in the same order as presented in this application handbook. • Use the previous table to ensure all required forms and documentation are included in your application to Commerce. • The county is the grant recipient. The county's chief administrative official or the county official designated in the CDBG Certifications of Compliance must sign the application forms. The Project Summary must have an original signature. • Please exclude extra instruction pages. Mail the complete application to: Attn: Laurie Dschaak Department of Commerce 1011 Plum St SE PO Box 42525 Olympia, WA 98504 -2525 AWARD AND CONTRACTING TIMELINE Once Commerce receives and approves the county's application for a CDBG Public Services Grant, it will send an award letter and two copies of the grant contract for county signature. A fully executed grant contract between Commerce and the county, and an executed subrecipient agreement between the county and the CAP are required before the release 2014 CDBG funds. This timeline and funding are contingent upon the state's receipt of 2014 CDBG funds. CDBG eligible activities can be found in the Code of Federal Regulations: Title 24- Housing and Urban Development, Chapter V, Part 570, C, Section 570.201 on page 36. Further definitions of CDBG eligible public services and specific guidance on housing - related services begin on page 38. To be CDBG eligible, the service must meet the following five criteria: 1. Be on HUD's list of public services, or be a substantially similar service and not on the list of ineligible public services. 2. Be identified as a new service or an increased /improved level of service. See instructions to this application's Project Description and LMI Benefit Table for definitions. 3. Be directly linked to delivery of a specific service to a client. 4. Principally benefit low- and moderate - income (LMI) persons. See instructions to this application's Project Description and LMI Benefit Table for more information. 2014 Income Limits are on the CDBG website and LMI is up to 80% of median household income by family size. 5. Target residents of CDBG nonentitlement areas (outside of CDBG entitlement cities). The state CDBG program cannot fund activities that benefit residents in CDBG entitlement cities, since these cities receive CDBG funds directly from HUD. The ineligible CDBG entitlement cities, located in eligible state CDBG counties are: Anacortes Longview Kennewick Bellingham Mount Vernon Walla Walla - new East Wenatchee Pasco Wenatchee Kennewick Richland Yakima 11 INELIGIBLE PUBLIC SERVICES 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 delivery of an eligible public service to a client. Unlike CSBG, CDBG cannot fund general outreach activities or partnership building activities, unless you can count and report on the clients receiving a direct service from those activities. • Housing rehabilitation, including weatherization • Facility acquisition, construction or renovation 2. Administrative costs for the general management of the organization 3. Lobbying and political activities 4. Direct payments to individuals for their food, clothing, utilities or other income payments. (Income payments or emergency vouchers paid to a third party for no more than three consecutive months may be eligible.) 5. New housing construction costs, including administration of new housing development programs Contact Laurie Dschaak at (360) 725 -5020 or laurie .dschaak(a-)-commerce.wa.gov or Kaaren Roe at (360) 725 -3018 or kaaren.roe(a-)-commerce.wa.gov or if you have questions. 12 APPLICATION FORMS • Project Summary • Project Description and LMI Benefit Table • Services Budget • Citizen Participation Documentation • Resolution with Certifications of Compliance • Title VI Certification 13 14 PROJECT SUMMARY 1. Grant Type: ® CDBG Public Services Grant 2. Jurisdiction: Mail Address: Street Address: City: Postal Code + 4: Email: Telephone: Fax: Fed Tax ID #: SWV #: DUNS #: SAM.gov expires: - 3. Contact Person: Mail Address: Street Address: City: Postal Code: Email: Title: Telephone: Fax #: 4. Subrecipient: Contact Person: Mail Address: Street Address: City: Postal Code: Email: Title: Telephone: Fax: Organization Category(s): DUNS #: 5. Fiscal Year: From: To: 6. County(s) served by grant: 7. State Legislative District: Congressional District: 8. Brief Project Description: To provide direct public services for low- and moderate - income persons in the county(s) listed above. 14 9. National Objective: ® Principally benefits low- and moderate - income persons or households. 10. Project Budget: CDBG $ CDBG Program Income $ CSBG $ TOTAL $ 11. Project Beneficiaries: 4-- (N) # of persons - new or continuing access to a service: U L (1) # of persons - improved access to a service: J U) (S) # of persons - service that is no long substandard: # of Persons # of LMI Persons LMI Percentage: % 12. How were the numbers of beneficiaries ® LMI Limited Clientele determined? 13. Street address, city and zip code of primary location of CAP services (if different than 4.): 14. Provide the census tract and block number(s) for the primary location(s) of CAP services. Census Tract Number: Census Block Number(s): 15. Certification of Chief Administrative Official: The information provided in the application is true and correct to the best of the government's belief and knowledge and it is understood the state may verify information, and that untruthful or misleading information may be cause for rejection of this application or termination of any subsequent grant contract. Signature Date Print Name Title 15 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: CDBG Public Services Grant 2. Jurisdiction information: ➢ Provide the postal code + 4, as now required by the federal contracts database. ➢ The federal tax identification number is usually a "912 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: http: / /des.wa.gov/ services /IT /SystemSupport /Accounting /Pages /swps.aspx ➢ A Data Universal Number System (DUNS) number is required for recipients of federal funds. Obtain a DUNS number at: http:Hwww.dnb.com /get -a- duns- number.htmI ➢ Recipients of federal funds must be registered and have a current status in the System for Award Management (SAM.gov), a federal website that consolidates the capabilities of the online Representations and Certifications Application (ORCA), and Excluded Parties List System (EPLS). 3. Provide information on the person who will be the county contact for Commerce for the term of the CDBG grant contract. 4. Provide information on the subrecipient community action program that will benefit from the project or receive CDBG funds as a pass through. ➢ Provide the organization's legal name for contracting purposes ➢ 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: http: / /www.dnb.com /get -a- duns - number.html 5. List the month and day of the applicant's fiscal year from beginning to end. 6. List the county(s) to be served by this grant since some subrecipient agencies serve a multiple county area. 7. List the numbers of the state and congressional districts. 8. Predetermined 9. Predetermined: LMI Limited Clientele, based on the Benefit Table. 10. List the project budget for the July - June grant contract period. ➢ List the CDBG amount from the CDBG Public Services Grant Amounts table, including 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. ➢ List the anticipated CSBG amount to be received by the CAP for the July - June contract period. 11. List the number of project beneficiaries for the July - June grant contract period. First complete the application's Project Description & Low- and Moderate - Income Benefit Table before summarizing the data here. ➢ Estimate the total number of unduplicated persons for each level of service (N, I or S). If you estimate a person is to receive more than one service, pick the best one for these estimates 16 so the numbers of persons in the level of service rows add up to the total number of persons to be served. ➢ Based on agency data and income qualification criteria for the CDBG- funded services, estimate the number of LMI persons to benefit. ➢ Divide the number of LMI persons by the number of persons to calculate the LMI percentage. The LMI percentage must be at least 51 %. ➢ Detailed demographic data on actual persons served will be reported on the Quarterly Beneficiary Reporting Form, provided on page 72. 12. Predetermined 13. List the street address, city and postal code of primary location of CAP services (if different than 4.) If CDBG funds will be used primarily for services offered from a satellite office rather than the CAP main office, list the address of that satellite office instead. 14. List the census tract and block number(s) for the primary location(s) of CAP services, as required by HUD's IDIS database. If CDBG funds will be used primarily for services offered from a satellite office rather than the CAP main office, list the address of that satellite office instead. The tract/block group number can be identified by your county planning office or by accessing maps on the US Census website. The tract number can be found at http:// www. ffiec.gov /Geocode /default.aspx. 15. This form and certification must be signed by the county's Chief Administrative Official or the county official designated in the Certification of Compliance must sign. An original signature must be submitted. 17 PROJECT DESCRIPTION & LOW- AND MODERATE - INCOME BENEFIT TABLE (See instructions on the next page) A. Activities B. Level of Service C. Number of Persons D. Method for Ensuring Benefit to LMI Persons *and to only Nonentitlement Residents, if applicable Program /Service Name Type of Service /Description HUD Code () increase (S) No Longer Substandard CDBG funds for Community Action Program Services See above $ Community action programs are mandated to address the root causes of poverty and help poor families and individuals retain or regain self- sufficiency. CDBG funds for County Administration 21 A $3,000 County administration activities are limited to activities necessary to administer the CDBG Public Services Grant. FOR ADDITIONAL PUBLIC SERVICES ACTIVITIES, ADD ROWS OR ATTACH ANOTHER COPY OF THIS PAGE 18 PROJECT DESCRIPTION AND LMI BENEFIT TABLE INSTRUCTIONS The project description must be detailed enough for Commerce to understand what direct services will be accomplished with CDBG funds and how the activities meet the CDBG definition of an eligible public service that provides a direct benefit to principally low- and moderate - income persons. The proposed service activities must be eligible based on the lists of eligible and ineligible public services found on pages 12 -13 and 36 -43. Column A: Name and Type of Service — List each service to be CDBG funded during the July — June grant contract period. In each row: ➢ List the activity by the PROGRAM /SERVICE NAME used by the community action program. Knowing the program name will help Commerce and the county oversee the allocation of funds and better understand the CAP programs. ➢ List the activity by the TYPE OF SERVICE using the closest definition and the CODE from HUD's manual excerpted on pages 38 -40. If a HUD heading or definition doesn't match the service, then provide a clear description of the client service and code it as 05 (Other). Linkages, Outreach, Partnership Building — For the type of service, DO NOT use general terms such as "linkages," "outreach" or "partnership building" that imply agency development work and do not clearly describe the direct client service to be funded. Instead, if CDBG is to fund a staff person who refers clients to a wide range of potential resources, then the type of service can be listed as Resource Referral 05. Outreach costs to inform clients of a specific program can be an allowable expense along with the program's direct service costs, in which case the Program Name and its type of service would be listed in the table instead of "outreach." Specific partnership building costs necessary to provide a direct client service can be an allowable expense along with the program's direct service costs, in which case the Program Name and its type of service would be listed in the table. Housing Related Services — Many housing related activities are not eligible as a CDBG public service because they are instead eligible as a CDBG housing rehabilitation, facility or homeownership activity. Make sure your description of any housing related services clearly meets the definition of an eligible CDBG public service. Additional guidance is provided in the appendix on pages 42 -44. To improve accountability, we encourage funds be distributed between fewer activities. However, additional rows may be added to this form. Column B: In each row, choose whether the service is providing persons (N) new or continuing access to a service, (1) improved access to a service, or (S) a service that is no longer substandard. HUD has provided only limited guidance for defining these levels of service. While a service might fit under more than one level of service, please select the one that most applies for that service. What you list in this column will guide how you complete Box 11. Project Beneficiaries, on the Project Summary form. (N) New or Continuing Access to a Service - A client service that was not offered by the CAP prior to the new CDBG program year or that would not be continuing but for the CDBG funding. (1) Increased Access to a Service - A quantifiable increase in the number of persons served; an expansion of the type of clientele; an addition of new locations, or the removal of barriers to access the service as a result of CDBG funding. (S) No Longer Substandard Service — A client service that, after being documented as not meeting a standard defined by the service program's primary funder or by agency plans, meets a standard level of service as a result of CDBG funding. HUD does not define a substandard service in its CDBG guidance. 19 Column C: For each row, estimate the total unduplicated number of persons to directly receive the service during the July — June grant contract period. Detailed demographic data on actual persons served will be reported on the Quarterly Beneficiary Reporting Form, provided in the appendix on page 72. Column D: For each row, describe the METHOD for ensuring how each activity will principally benefit low- and moderate - income (LMI) persons that are CDBG nonentitlement residents. LMI - CDBG activities must principally benefit LMI persons. Generally, a CAP can claim the activities meet HUD's LMI Limited Clientele criteria in at least one of the following ways: 1. If an activity exclusively targets persons in one of the HUD - defined special groups, it can be presumed to principally benefit LMI persons. These special groups include: ■ Abused children ■ Elderly persons ■ Illiterate persons ■ Persons living with AIDS ■ Battered spouses ■ Homeless ■ Migrant farm ■ Severely disabled adults persons workers OR 2. Information on family size and income is available and shows at least 51 % of the activity's clientele meet and will continue to meet the LMI income criteria. OR 3. Income eligibility requirements limit the activity to LMI persons only. �Sul (only under very limited circumstances and providing a written description for Commerce to submit to HUD of both the nature and location) 4. Be of such nature and location that it may reasonably be concluded that the activity's clientele will primarily be LMI persons. If you cannot meet the LMI Limited Clientele criteria above or want information on meeting the LMI Area Benefit or LMI Jobs criteria instead, contact the CDBG program. CDBG Nonentitlement - The following CAPs' regional service areas include CDBG entitlement jurisdictions or other state areas: CAP (Lewiston, ID), C -DCAC (East Wenatchee, Wenatchee), LCCAC (Longview), B -FCAC (Kennewick, Pasco, Richland), OC (Bellingham), SCCAA (Anacortes, Mt. Vernon), CACLMT (Thurston Co), BMAC (Walla Walla). Applications for these CAPs must also describe the method for ensuring the grant ONLY benefits CDBG nonentitlement residents. Verifying the client's address or the location of services are examples of methods for targeting the benefit to only CDBG nonentitlement area residents. EXAMPLES: Rural Senior Meals Senior Services 05A I HUD Special Group: Elderly; Program nonentitlement areas of county Home Care Training Employment Training 05H N Enrolls Only LMI and verifies Program nonentitlement address Then list the total amount of CDBG awarded to the community action program, as listed in the CDBG Public Services Grant Amounts table on page 10. Further budget detail on the funded services is to be provided in the Services Budget and with each future grant payment request. 20 COST CATEGORIES AMOUNT DESCRIPTION Staffing $ Goods and services $ Equipment $ Travel $ Indirect Costs $ TOTAL $ 21 SERVICES BUDGET INSTRUCTIONS All costs must be eligible under OMB Circular A -122 and tied to the delivery of the CDBG eligible public services. Expand the Services Budget form as necessary to provide adequate description of costs. Staffing Include program staff salaries and benefits. Can include supervisory staff directly involved in the management of the CDBG eligible public service program. For staff time to be eligible for a reimbursement, staff must sign and supervisors must approve time sheets linking actual time worked on each service activity to the CDBG fund source. Goods and services Must be tied to the delivery of the CDBG public service, including staff training costs Equipment Items costing $300 or more require Commerce approval prior to requesting grant payment. Travel Out -of -state travel must follow federal travel per diem and requires Commerce approval prior to requesting grant payment. Indirect Costs Must be tied to a CDBG public service through the community action program's approved 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. If unsure, consult your project manager in Commerce's Contracts Administration Unit. 22 CITIZEN PARTICIPATION DOCUMENTATION (FOR CDBG PUBLIC SERVICES GRANT ONLY) At least one public hearing must be conducted by the county applicant prior to submitting the CDBG application. The public hearing is to obtain citizens' views on community development and housing needs and to receive input on proposed projects under consideration for CDBG funding. Complete this form by following the steps below to meet the CDBG citizen participation requirements and submit with your CDBG application. • Complete /check all Yes or No statements. Check No if not applicable. • Other than the assessment steps, there must be a Yes answer for each step to meet the CDBG citizen participation requirements. • Further instructions, such as links to data and samples, are in this handbook's Citizen Participation Requirements in the appendix on page 45. • Attach the required documentation to this form with your CDBG application. PUBLIC HEARING STEPS ASSESSMENT YES NO There is a significant number of non - English speaking residents in the community to ❑ ❑ require additional outreach steps for the public hearing. 1. Using current census data for the local government, locate the percentage of population that speaks English less than "very well ". If it is more than 10 %, it is reasonable to expect non - English speaking residents could be interested in the public hearing, so check Yes, otherwise, go to 2. 2. If the beneficiaries of the proposed project will be largely non - English speaking residents (such as a child care facility for farmworker families), then it is reasonable to expect non - English speaking residents could be interested in the public hearing, so check Yes. Otherwise check No. If you check No based on other reasons, state them here: NOTICE DEVELOPMENT YES NO Develop the CDBG public hearing notice by one of the following steps: 1. I used the CDBG sample notice. ❑ ❑ 2. I received CDBG approval to use a notice with other wording than the CDBG ❑ ❑ sample. The public hearing notice states the hearing room is handicap accessible and ❑ ❑ accommodations for persons with special needs will be made upon request. Because I answered YES under the ASSESSMENT step above, the notice states an N/A interpreter will be available (even without advance request). ❑ ❑ 23 ADVERTISEMENT YES NO The notice is advertised at least one week prior to the hearing date. ❑ ❑ List public hearing notice date(s): The notice meets local public hearing notice requirements (newspaper, official on- ❑ ❑ line source). Because I answered YES under the ASSESSMENT step above, the notice was N/A advertised in the alternate language (check at least one of the following steps): 1. The notice in the alternative language was published in a newspaper or official ❑ ❑ on -line source. 2. The public hearing was announced on radio or television station in the alternate ❑ ❑ language. 3. The notice in the alternate language was posted at location(s) frequented by ❑ ❑ non - English speaking residents. List location(s): Residents, especially LMI residents, of the areas in which CDBG funds are proposed ❑ ❑ to be used were encouraged to participate and provide input. CONDUCTING THE PUBLIC HEARING YES NO The public hearing was held within 18 months of the date the CDBG application was ❑ ❑ submitted. List public hearing date: The public hearing was conducted by the applicant local government. ❑ ❑ Minutes of the public hearing were taken. ❑ ❑ Both of the following required CDBG handouts were distributed at the public hearing. ❑ ❑ 1. CDBG Program Fact Sheet 2. CDBG Citizen Participation Regulations Because I answered YES under the ASSESSMENT step above, alternate - language N/A versions of the required handout were provided. ❑ ❑ (Spanish versions of the handouts are in the appendix on pages 54 -56.) CITIZEN PARTICIPATION DOCUMENTATION YES NO A copy of the public hearing notice's affidavit of publication OR a copy of the ❑ ❑ actual published notice from the newspaper is attached. Because I answered YES under the ASSESSMENT step above, documentation of the outreach steps taken for non - English speaking residents (such as a copy of N /A❑ the translated notice from the newspaper or public hearing posters in the alternate ❑ language) is attached. The public hearing minutes are attached. ❑ ❑ If the official minutes are not available by the CDBG application due date, instead include a statement from the clerk indicating when the minutes will become available and send the minutes as soon as possible. A copy of the local government's adopted Grievance Procedure is attached. El El [ (A sample Grievance Procedure is in the appendix on page --------------------------- --- --- ---------------- The CDBG Certifications of Compliance have been signed certifying the citizen ❑ ❑ participation requirements have been met. 24 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 program amounts) and any amended amounts to fund public service activities in coordination with (name of community action program), 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 Title VI of the Civil Rights Act of 1964 and the Fair Housing Act, will affirmatively further fair housing (Title VIII of the Civil Rights Act of 1968); has adopted (or will adopt) and enforce a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations; and has adopted (or will adopt) and implement a policy of enforcing applicable state and local laws against physically barring entrance to or exit from a facility or location which is the subject of such nonviolent civil rights demonstration within its jurisdiction, in accordance with Section 104(1) of the Title I of the Housing and Community Development Act or 1974, as amended; Certifies to meeting the National Environmental Policy Act (NEPA) through a determination the CDBG- funded public services will not have a physical impact or result in any physical changes and are exempt under 24 CFR 58.34(a), and are not applicable to the other requirements under 24 CFR 58.6; and are categorically exempt under the State Environmental Policy Act (SEPA) per WAC 197 -11 -305 (2); and 25 (Name of county) designates (name of county commission chair, county administrator, county official) as the authorized Chief Administrative Official and authorized representative to act in all official matters in connection with this application and (Name of county)'s participation in the Washington State CDBG Program. Signature Date Name Title Attested Date 26 RESOLUTION WITH CERTIFICATIONS OF COMPLIANCE INSTRUCTIONS The applicant's local legislative body must pass a resolution authorizing the Chief Administrative Official to submit the CDBG application to the Department of Commerce and to certifying compliance with state and federal laws and specific program requirements. Visit the CDBG website at www.commerce.wa.gov /cdbq under the Management Handbook webpage for the current CDBG contract terms and conditions. An electronic version of this resolution provided on page 28 -29. Insert local and project specific information as indicated. This resolution may be reformatted to meet the jurisdiction's requirements for official resolutions. Amount Requested List the total CDBG award amount, including county administration funds. Signature The resolution must be signed by the county's authorized Chief Administrative Official, and a signed copy (does not need to be original) must be included with the application. The Chief Administrative Official is the Chair of the Board of County Commissioners or the County Administrator, as applicable. Using 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 may have been added to this current version that apply to the proposed project. 27 The County of regulations: TITLE VI CERTIFICATION assures and certifies compliance with the following laws and TITLE VI OF THE CIVIL RIGHTS ACT OF 1964, WHICH STATES: "No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance." SECTION 1.4(B)(2)(1) OF THE REGULATIONS OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ISSUED PURSUANT TO TITLE VI WHICH REQUIRE: "A recipient, in determining the types of housing, accommodations, facilities, services, financial aid, or other benefits which will be provided under any such program or activity, or the class of persons to whom, or the situations in which, such housing, accommodations, facilities, services, financial aid, or other benefits will be provided under any such program or activity, or the class of persons to be afforded an opportunity to participate in any such program or activity, may not, directly or through contractual or other arrangements, utilize criteria or methods of administration which have the effect of subjecting persons to discrimination because of their race, color, national origin, or have the effect of defeating or substantially impairing accomplishment of the objectives of the program or activity as respect to persons of a particular race, color, or national origin." DEMOGRAPHICS 1. Population in the service area of the county or counties covered in this application 2. Number of Hispanic or Latino residents (of any race) 3. Number of residents by race in the service area: White Native Hawaiian /Pacific Islander Black or African American American Indian /Alaskan Native/White Asian Asian/White American Indian /Alaskan Native Other Demographic data can be found on the US Census website at http: / /factfinder2.census.gov/ by following these directions: 1. Enter the county, city or town name under Community Facts. Hit GO. 2. Under American Community Survey, click on ,Sex and Age, Race, hispanic Orrin, /sousing Units- 3. 3. Scroll down to RACE and HISPANIC OR LATINO AND RACE to find the applicable data Repeat for each county to be served by the CDBG Public Services Grant and total the numbers. The service area population must exclude residents from CDBG entitlement cities located within the county. 28 MINORITY POPULATIONS reported in the service area demographics above are: Scattered throughout the community. Scattered throughout the community, with concentrations in the following areas or neighborhoods: Concentrated in the following areas or neighborhoods: 2. The following opportunities were provided to protected groups to participate in and comment on the design of activities to be undertaken as part of this project (check all that apply): Public hearing to review community development and housing needs Community meeting(s) Community survey Apply to be on a wait list for direct assistance Other: 3. Will all residents of the service area benefit from this CDBG project? Yes, all residents of the service area will benefit. Go to 6. The following protected group(s) or minority populations will not benefit: 4. The above populations that will not benefit from this CDBG project: Will receive similar services provided through existing programs. Go to 6. Do not receive similar services provided through existing programs. (Brief explanation) 5. For those protected groups that will not benefit from CDBG, the following plan identifies a timetable for providing such services in the future. No such services are planned for the following reasons: (Brief explanation) The plan and timetable are: 6. The following steps will be taken to ensure CDBG benefits are offered to all residents and protected groups within the community: (check all that apply) Protected groups will be informed of the opportunity to apply Protected groups will be informed of the availability of programs A community meeting will be held to inform all residents of benefits resulting from the CDBG project. A final public hearing to receive comment on the CDBG project will be conducted with outreach and accommodation for non - English speaking residents, if applicable. Other: Signature of Chief Administrative Official Date Name of Chief Administrative Official Date This form must be signed by the Chief Administrative Official (mayor, county commission chair, county administrator, city manager, or designated official as authorized by the CDBG Resolution of Certifications of Compliance). Please clearly state the official's name and title. 29 30 APPENDICES Eligible CDBG Public Services Activities • Federal Regulation Excerpt Notice • Public Services Definitions and Codes • Eligible Housing Related Services CDBG Citizen Participation • Citizen Participation Requirements • Sample Public Hearing Notice • Sample Grievance Procedure • Public Hearing Handout: Federal Citizen Participation Requirements • Public Hearing Handout: CDBG Program Fact Sheet • Public Hearing Handout: CDBG Program Fact Sheet in Spanish Sample Subrecipient Agreement Public Services Grant Quarterly Beneficiary Reporting Form 31 ELIGIBLE CDBG PUBLIC SERVICES ACTIVITIES FEDERAL REGULATION EXCERPT TITLE 24 -- HOUSING AND URBAN DEVELOPMENT CHAPTER V -- OFFICE OF ASSISTANT SECRETARY FOR COMMUNITY PLANNING AND DEVELOPMENT, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PART 570 COMMUNITY DEVELOPMENT BLOCK GRANTS Subpart C_ Eligible Activities Sec. 570.201 Basic eligible activities. CDBG funds may be used for the following activities: (e) Public services. Provision of public services (including labor, supplies, and materials) including but not limited to those concerned with employment, crime prevention, child care, health, drug abuse, education, fair housing counseling, energy conservation (counseling and testing), welfare (but excluding the provision of income payments identified under Sec. 570.207(b)(4)), homebuyer down payment assistance, or recreational needs. To be eligible for CDBG assistance, a public service must be either a new service or a quantifiable increase in the level of an existing service above that which has been provided by or on behalf of the unit of general local government (through funds raised by the unit or received by the unit from the State in which it is located) in the 12 calendar months before the submission of the action plan. (An exception to this requirement may be made if HUD determines that any decrease in the level of a service was the result of events not within the control of the unit of general local government.) 32 CDBG PUBLIC SERVICES DEFINITIONS AND CODES Below are definitions and codes for public services. This excerpt from HUD's database manual provides the most common types of CDBG funded services (in numeric, not alpha order), and not all possible service types are listed. Code Type of Services and Definition 05A Senior Services Services for the elderly. 05A may be used for an activity that serves both the elderly and the handicapped, provided it is not intended primarily to serve persons with handicaps. If it is, use 05B instead. 05B Handicap Services Services for the handicapped, regardless of age. 05C Legal Services Services providing legal aid to low- and moderate - income (LMI) persons. If the only legal service provided is for the settlement of tenant/landlord disputes, use 05K. 05D Youth Services Services for young people age 13 to 19 that include, for example, recreational services limited to teenagers and teen counseling programs. Also use 05D for counseling programs that target teens but include counseling for the family as well. For services for children age 12 and under, use 05L; for services for abused and neglected children, use 05N. 05E Transportation Services General transportation services. Transportation services for a specific client group should use the matrix code for that client group. For example, use 05A for transportation services for the elderly. 05F Substance Abuse Services Substance abuse recovery programs and substance abuse prevention /education activities. If the services are provided for a specific client group, the matrix code for that client group may be used instead. For example, substance abuse services that target teenagers may be coded either 05D or 05F. 05G Services for Battered and Abused Spouses Services for battered and abused spouses and their families. For services limited to abused and neglected children, use 05N. 05H Employment Training Assistance for increased self- sufficiency, including literacy, independent living skills, and job training. For activities providing training for permanent jobs with specific businesses, use 18A. 33 Code Definition 051 Crime Awareness /Prevention Promotion of crime awareness and prevention, including crime prevention education programs and paying for security guards. 05J Fair Housing Activities (subject to Public Services cap) Fair housing services (3.g., counseling on housing discrimination) that meet a national objective. 05K Tenant/Landlord Counseling Counseling to help prevent or settle disputes between tenants and landlords. 05L Child Care Services Services that will benefit children (generally under age 13), including parenting skills classes. For services exclusively for abused and neglected children, use 05N. 05M Health Services Services addressing the physical health needs of residents of the community. For mental health services, use 050. 05N Services for Abused and Neglected Children Daycare and other services exclusively for abused and neglected children. 050 Mental Health Services Services addressing the mental health needs of residents of the community. 05P Screening for Lead Poisoning Activities undertaken primarily to provide screening for lead poisoning. For lead poisoning testing /abatement activities, use Housing Rehabilitation 141. 05Q Subsistence Payments One -time or short -term (no more than three month) emergency payments on behalf of individuals or families, generally for the purpose of preventing homelessness. Examples include utility payments to prevent cutoff of service and rent/mortgage payments to prevent eviction. 05R Homeownership Assistance (not direct) Homeowner down - payment assistance provided as a public service. If housing counseling is provided to those applying for down - payment assistance, the counseling is considered part of the 05R activity. Assistance provided under 05R is subject to the public service cap and only low /mod households may be assisted. For more extensive types of homeownership assistance provided under authority of the National Affordable Housing Act, use code 13. 34 Code Definition 05U Housing Counseling Housing counseling for renters, homeowners, and /or potential new homebuyers that is provided as an independent public service (i.e., not as part of another eligible housing activity). 051.1a Energy Conservation Counseling Energy conversation counseling and testing for renters, homeowners, and /or potential new homebuyers that is provided as an independent public service (i.e., not as part of another eligible housing activity). 05 Other Public Services Examples are client referrals to social services, neighborhood cleanup, graffiti removal, and food distribution (community kitchen, food bank, and food pantry services). HUD IDIS Manual, Appendix A: CDBG Matrix Codes (excerpt) 35 CDBG ELIGIBLE HOUSING RELATED SERVICES CDBG can fund a wide range of public services for low- and moderate - income persons. This table summarizes HUD's guidance and the state's policy on CDBG eligible public services for housing - related issues. To be eligible for Public Services Grant funding, the activity must deliver a direct service to a client (column A). In general, activity and administrative costs eligible under another CDBG activity category (column C) or for an ineligible CDBG activity (such as new housing construction) are not eligible as a CDBG public service. 36 A B C Housing Issue Eligible CDBG service Ineligible CDBG service Activities eligible under another CDBG Public Services Grant eligible category and CDBG fund, but Not Public Services Grant eligible • Housing counseling Housing rehabilitation CDBG Housing Rehabilitation: Labor, Housing 9 Energy conservation administration not related to an materials, and supplies required for the Rehabilitation counseling and testing eligible counseling, education or rehabilitation of property (including energy (including 9 Screening for lead poisoning testing service efficiency improvements) CDBG Housing Rehabilitation Administration weatherization) . Client education and training and Services: All delivery costs (including If provided as an independent staff, other direct costs, and professional public service and not part of service costs) directly related to carrying out a CDBG funded housing housing rehabilitation activities, including rehabilitation activity outreach, rehabilitation counseling, applicant screening, energy auditing, preparing work specs, loan processing, inspections, and services related to assisting program participants • Fair housing services and Tenant/Landlord counseling on housing discrimination • Counseling to prevent or settle disputes between tenants and landlords 36 37 A B C Housing Issue Eligible CDBG service Ineligible CDBG service Activities eligible under another CDBG Public Services Grant eligible category and CDBG fund, but Not Public Services Grant eligible • One -time or short -term (no Ongoing grants or non - Prevent Loss of more than three month) emergency payments (more Housing emergency payments on than 3 consecutive months) behalf of individuals or Direct payments families, to prevent loss of housing, including utility payments and rent/mortgage payments • Legal services Development, project CDBG Public /Community Facility: Acquisition, Homelessness Direct delivery of services for management, and administrative construction or rehabilitation of temporary and Transitional homeless persons costs of shelters and transitional shelters and transitional housing, including Housing housing activities project management Housing counseling for renters, Development, project CDBG Acquisition or CDBG Public Facility: Permanent homeowners, and potential new management and administrative Acquisition and public off -site infrastructure in Housing homebuyers provided as an costs for new housing activities support of housing development independent public service Housing counseling provided as an CDBG Homeownership Assistance: Provision Homeownership independent public service and not of direct assistance to facilitate and expand part of a CDBG funded homeownership, including subsidized interest downpayment assistance activity rates and mortgage principal amounts, down payment assistance and closing costs • Client planning services Planning to develop new services CDBG Planning -Only: Housing plans, Planning 9 Program planning activities and community partnerships feasibility studies, strategies and action tied to the direct delivery of a without the direct delivery of a program planning client service client service 37 38 CDBG CITIZEN PARTICIPATION Public participation is a CDBG requirement. This guide includes detailed information on how to meet the CDBG citizen participation requirements. Sample notices and handouts are included. Review ALL the materials with the staff person responsible for public hearings and establish a timeline for completion. You can't start on this aspect of your application too soon. To apply for CDBG funds, a jurisdiction must show it has involved its citizens in the CDBG application process and complied with the specific federal citizen participation requirements outlined in 24 CFR 570.486. The purpose of these activities is to inform residents and decision - makers of the availability of CDBG funds and to provide an opportunity for community members to present potential projects and offer input on proposed projects. 4 HELPFUL HINT: Plan for the required initial public hearing NOW! Decide the hearing date and then work backward to determine when and how the public announcement must be published to allow sufficient notice time and outreach. If a jurisdiction intends to apply for more than one type of CDBG grant during the same year, it is advisable to contact the CDBG office to discuss how to coordinate these citizen participation and public hearing requirements. THE MINIMUM CITIZEN PARTICIPATION STEPS 1. Review local demographic data to assess 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 assessment. 2. Publish an official announcement of the hearing, providing reasonable advance notice. A sample public hearing notice with required language is provided in the appendix on page 47. 3. Conduct at least one public hearing prior to submission of the CDBG application. This hearing must be held at a convenient time and location to encourage citizen participation. 4. Distribute CDBG handouts on the availability of CDBG funds and eligible uses, and the CDBG citizen participation regulations at the public hearing. CDBG public hearing handouts are provided beginning on page 50. 5. Adopt a grievance procedure for the use of CDBG funds. A sample grievance procedure is provided on page 48. 6. Complete and submit the Citizen Participation Documentation form with all necessary public hearing documentation as part of your CDBG application. The form is on pages 26 -27. W CITIZEN PARTICIPATION REQUIREMENTS 1. Public Hearing Logistics What is a public hearing? — 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, and the comments received go into the public record. 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 make a decision at a subsequent meeting. Do not assume a regular council or board meeting will meet the public hearing requirement. Who must conduct the hearing? — The applicant county. Although some applications are developed by other community organizations or special districts, these organizations cannot conduct the hearing and have it meet CDBG requirements. When must the hearing be held? — Prior to submission of the CDBG application and within 18 months of the application submittal date. Where must the hearing 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? A legal notice is generally published at least one week prior to the hearing date. The notice must meet the local public hearing notice requirements. Where must the notice be made? — The hearing must be well advertised, generally in the official local paper. In addition, public notice can be made using community bulletin boards, local newsletters, billing statements, newspaper articles or door -or -door distribution. Residents within those areas in which CDBG funds are proposed to be used, especially the low- and moderate - income persons, should be encouraged to attend or provide comment. What must the notice say? — A sample notice is provided on page 47 3. Public Hearing Purpose What must the CDBG hearing cover? — The hearing is to obtain citizens' views and respond to proposals and questions. It must cover community development and housing needs and the availability of CDBG funds. This purpose is supporting by distributing the required CDBG handouts. Distributing additional materials describing the proposed project(s) is advisable. Copies of the CDBG handouts in Spanish are provided on pages 54 -56. 4. Meeting the Needs of Non - English Speaking Residents All CDBG applicants must complete the Citizen Participation Form in the application handbook. 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. At a minimum, the public hearing notice and handouts should be in the alternative language and a translator should attend the public hearing. The federal citizen participation 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." The applicant jurisdiction must review local demographic data and consider the potential impacts of the proposed project to determine the appropriate outreach steps and accommodations to meet the needs of non - English speaking residents. 40 Of the 17 counties proposed to receive a 2014 CDBG Public Services Grant, the following counties only, show over 10% of the population speaks English less than very well. County Language Percentage Grant County Spanish 16.5% Yakima County Spanish 18.4% Data on the number and percent of non - English speaking residents in a jurisdiction can be found on the US Census website at http: / /factfinder2.census.gov/ by following these directions: 1. Enter the county name under Community Facts. Hit GO. 2. At the bottom of the screen entitled Census 2010 Total Population, click "Advanced Search ". 3. Select table DP02 specifically for 2012 ACS 5 -year estimates and click "Selected Social Characteristics in the United States ". 4. Scroll down to nearly the bottom of the table to the LANGUAGE SPOKEN AT HOME. 5. Under Language Other Than English, look under each language /language group for the line labeled Speak English less than "very well" and the corresponding data in the ep rcent column. 6. If the percentage is over 10% for any single language, then additional outreach in the alternative language and additional accommodations are necessary to encourage participation from those non - English speaking residents in the jurisdiction. Contact the CDBG office for assistance in accessing and interpreting this data. 5. Grievance Procedure What must the procedure do? — The grievance procedure must provide citizens the address, phone number, and times for submitting complaints and grievances, and provide timely written answers to written complaints and grievances, within 15 working days where practicable. A sample procedure to be adopted is on page 48 � NOTE: If funded, an additional public hearing will be required towards the end of the project to review and receive comments on the project's performance. This final public hearing should be included in your work plan. Also if funded, a public hearing would be required if activities are proposed to be added, deleted or substantially changed from the original proposal. 41 SAMPLE PUBLIC HEARING NOTICE (FOR CDBG PUBLIC SERVICES GRANT ONLY) Additional information can be added to these required clauses to meet specific local announcement needs and to encourage participation. If a local government intends to apply for more than one type of 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 the local government's assessment of demographic data shows there is a significant population of non - English speaking residents, then select the applicable accommodation clause below and publicize this notice also in the alternative language. WhereMhen: NOTICE IS HEREBY GIVEN that a public hearing will be held by the (county board of commissioners) in the (council chambers /hearing room), (location), on (date and time). Purpose Clause: 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 lower income persons residing in the (name of area) area. Clause describing $ (enter amount to be awarded) is proposed to be available annually to the the availability of county and the (CAP name) to fund public services that principally benefit CDBG funds and low- and moderate - income persons. eligible uses: Comment clause: An overview of the proposed public services 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). 2013 contract Comments on the county's and community action program's past closeout clause: performance and use of their 2013 CDBG Public Services Grant will also be received. Select the applicable accommodation clause based on the assessment in your Citizen Participation Documentation form: The (council chambers /hearing room) is handicap accessible. 1. Sta Arrangements to reasonably accommodate special needs, including ndard handicap accessibility or interpreter, will be made upon receiving 24 -hour advance notice. Contact (name) at (number, location). OR A (insert alternate language) interpreter will be available. The (council chambers /hearing room) is handicap accessible. Additional arrangements to reasonably accommodate special needs will be made upon receiving 2. Wh 24 -hour advance notice. Contact (name) at (number, location). en significant number of non- 42 English speaking residents 43 0 Department of Commerce lrinovafloiri is in our ri�111i�jire, SAMPLE GRIEVANCE PROCEDURE Adopted this ref »=IZU]K41 -E1 day This sample grievance procedure is intended to serve as a guide and should be revised to reflect local circumstances and to incorporate any applicable state or local IaN14 The Grievance Procedure can be the local government's complaint process if it meets the standards of the CDBG citizen participation regulations. If a local grievance procedure has been accepted by the CDBG program staff for a prior CDBG project it can be submitted for a new project, unless that procedure's scope is clearly limited to the prior CDBG project and is not general for a new CDBG project. An ADA or Employee Grievance Procedure does not meet this 1. Submit complaints in writing to the designated official (such as the county clerk /administrator /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. No ➢ The complaint will be heard and discussed by the governing, elected body at an open, public meeting. A written decision will be made within 30 working days. The decision of the governing body is final. 3. A record of action taken on each complaint will be maintained as a part of the records or minutes at each level of the grievance process. Contact Information: Name: Kaaren Roe Phone: (360) 725 -3018 Fax: (360) 586 -8440 Email: kaaren.roe @commerce.wa.gov Web: www.commerce.wa.gov /cdbg Community Development Block Grant Program (CDBG) Helping rural communities with projects that benefit low- and moderate-income persons The Washington State CDBG Program offers six grant funds: General Purpose Grants $9,000,000 For public infrastructure, community facilities, affordable housing, or economic development Economic Opportunity Grants $9,000,000 For state and local priority economic development and energy efficiency projects that promote vibrant rural communities Planning-Only Grants $400,000 For planning activities that improve community services, public safety or further strategic planning Housing Enhancement Grants $200,000 For off-site infrastructure or the community facility component of a state housing trust fund project Imminent Threat Grants $100,000 For unanticipated emergencies posing a serious immediate threat to public health and safety Public Services Grants $1,500,000 For county and community action agencies to fund new or expanded services to lower income persons 0 Department of Commerce �rinq>wjfloiri is in mir 0 Department of Commerce �rtnovatioiri is in our rullitiore, 0 Department of Commerce �rtnovatioiri is in our rullitiore, HUD National Objectives CDBG project activities must meet one of three HUD National Objectives: ■ Principally benefits low-and moderate-income persons ■ Aids in the prevention or elimination of slums or blight ■ Addresses imminent threat to public health or safety CDBG Eligibility Guidelines Eligible applicants are Washington State cities/towns with less than 50,000 in population and not participating in a CDBG entitlement urban county consortium; and counties with less than 200,000 in population. Eligible cities/towns and counties are listed on the CDBG website. Special purpose districts, public housing authorities, community action agencies, economic development councils, other non-profit organizations, and Indian tribes are not eligible to apply directly to the state CDBG Program for funding, but may be a partner in projects and subrecipient of funding with an eligible city/town or county applicant. Applicants may submit one request per fund each program year. Exception: An eligible city/town or county may apply for a second General Purpose Grant if one application is for a local microenterprise assistance program. Application materials and due dates are on the CDBG website. 0 Department of Commerce Orinovafloiri is in our rulli'tiore, www.commerce.wa.gov Federal Citizen Participation Requirements for Local Government Applicants to the State CDBG Program Federal Regulations 24 CFR 570.486 (a) (a) Citizen participation requirements of a unit of general local government. Each unit of general local government shall meet the following requirements as required by the state at Sec. 91.115(e) of this title. (1) Provide for and encourage citizen participation, particularly by low and moderate income persons who reside in slum or blighted areas and areas in which CDBG funds are proposed to be used; (2) Ensure that citizens will be given reasonable and timely access to local meetings, information, and records relating to the unit of local government's proposed and actual use of CDBG funds; (3) Furnish citizens information, including but not limited to: (i) The amount of CDBG funds expected to be made available for the current fiscal year (including the grant and anticipated program income); (ii) The range of activities that may be undertaken with the CDBG funds; (iii) The estimated amount of the CDBG funds proposed to be used for activities that will meet the national objective of benefit to low and moderate income persons; and (iv) The proposed CDBG activities likely to result in displacement and the unit of general local government's anti - displacement and relocation plans required under Sec. 570.488. (4) Provide technical assistance to groups representative of persons of low and moderate income that request assistance in developing proposals in accordance with the procedures developed by the state. Such assistance need not include providing funds to such groups; (5) Provide for a minimum of two public hearings, each at a different stage of the program, for the purpose of obtaining citizens' views and responding to proposals and questions. Together the hearings must cover community development and housing needs, development of proposed activities and a review of program performance. The public hearings to cover community development and housing needs must be held before submission of an application to the state. There must be reasonable notice of the hearings and they must be held at times and locations convenient to potential or actual beneficiaries, with accommodations for the handicapped. Public hearings shall be conducted in a manner to meet the needs of non - English speaking residents where a significant number of non - English speaking residents can reasonably be expected to participate; (6) Provide citizens with reasonable advance notice of, and opportunity to comment on, proposed activities in an application to the state and, for grants already made, activities which are proposed to be added, deleted or substantially changed from the unit of general local government's application to the state. Substantially changed means changes made in terms of purpose, scope, location or beneficiaries as defined by criteria established by the state. (7) Provide citizens the address, phone number, and times for submitting complaints and grievances, and provide timely written answers to written complaints and grievances, within 15 working days where practicable. 49 0 Department of Commerce lrinowifloiri is in our rwliitiwirc,�, 1)rograma de Becas Consolidadas para el D lo Comunitario (CE)BG) Ayudando las comunidades rurales con proyectos que benefician personas de ingreso bojo o moderado. El Programa CDBG del Estado de Washington ofrece seis becas: Becas de Prop6sito General $9,000,000 Para infraestructura p6blica, faciliclades comunitarias, vivienclas econ6micas o proyectos de desarrollo econ6mico Becas de Oportunidades Econ6micas $9,000,00-0 Para el desarrollo econ6mico de prioridad estatal y local y proyectos de eficiencia de energia que promueva comunidades rurales vibrantes Becas de Planificaci6n Solamente $400,0 Para planificar actividades relacionaclas a proyectos que traten con asuntos crfticos cle salud p6blica o Becas de Mejoramiento de Viviendas $200,0 Para infraestructura externa o faciliclad cle I cornuniclad corno un componente del fondo cle M viviencla del estado Aecas de Amenazas Inminentes $100,000 Para ernergencias no anticipaclas que sean una seria arnenaza inmediata a la salud y seguriclad al p6blico — Becas de Servicio POblico $1,500,000 Para agencias cle conclaclos y la cornuniclad que suplan fonclos cle servicios (directos) nuevos o expandir los que tienen para personas cle bajos ingresos Contact Information: Name: Kaaren Roe Phone: (360) 725-3018 Fax: (360) 586-8440 Email: kaaren.roe@commerce.wa.gov Web: www.commerce.wa.gov/cdbg 0 Department of Commerce �rtnovatioiri is in our rullitiore, HUD Objetivos Nacionales Los proyectos del CDBG deben cumplir con los tres Objetivos Nacionales del HUD: ■ Principalmente debe beneficiar personas de ingreso bajo o moderado ■ Ayuda a la prevencion o eliminacion de la pobreza o contaminacion ■ Trata las amenazas inminentes a la salud y seguridad del publico Directivas de Elegibilidad de la CDBG Los solicitantes elegibles son ciudades /pueblos del Estado de Washington con una poblacion de menos de 50,000 y que estan participando en el derecho al consorcio del condado urbano de la CDBG; y condados con una poblacion de menos de 200,000 habitantes. Las ciudades /pueblos elegibles y condados estan enlistados en la pagina de la web de la CDBG. cepci ®n: una ciu a /pueblo o conclado pue e solicitar por una segue a beca de rop®sio General si una solicitud es para un progra a de asistencia a e presas peueas locales. 0 Department of, Commerce Inul° ovatiuo iri is in our uriatu laic m www.commerce.wa.gov Reuisitos de Participacion Ciudadana Federal Para Solicitantes del Gobierno Local al Programa de CDBG Regulacion Federal 24 CFR 570.486(a) (a) Requisitos de participacion ciudadana de una unidad general del gobierno local. Cada unidad general del gobierno local, debe cumplir los siguientes requisitos como es solicitado por el estado, en el Sec. 91.115(e) de este articulo. (1) Contribuir y motivar a la participacion ciudadana, particularmente en personas de recursos bajos y moderardos quienes residen en condiciones precarias o areas insalubres y areas donde el Programa de CDBG tiene como objetivo apoyar con financiamiento; (2) Asegurar que los ciudadanos tengan acceso oportuno y suficiente a reuniones locales, informacion y estadisticas relacionadas a la unidad de gobierno local que ha sido propuesta o que utiliza los fondos de financiamiento del programa de CDBG; (3) Proveer informacion a los ciudadanos, incluyendo: i. La cantidad de financiamientos del de CDBG que se espera sea otorgada en el ano fiscal en curso (incluyendo las subvenciones y los ingresos anticipados del programa): ii. El tipo de actividades probables a Ilevarse a cabo con el financiamiento del de CDBG: iii. La cantidad estimada de financiamientos del de CDBG propuesta para ser usada en actividades que cumpliran con el objetivo nacional de beneficiar a personas de bajos recursos economicos; y iv. Las actividades propuestas del programa de CDBG que son probables de resultar declinadas y la unidad general de gobierno y los planes de reemplazo requeridos bajo el Sec. 570.488 (4) Proveer asistencia tecnica a grupos representativos de personas de bajos y moderados recursos que soliciten ayuda en el desarrollo de sus propuestas de acuerdo con el procedimiento desarrollado por el estado. Dicha asistencia no incluye proveer financiamiento a tales grupos; (5) Participar en un minimo de dos audiencias publicas, cada una en diferentes etapas del programa, con el proposito de obtener puntos de vista de los ciudadanos y responder a propuestas y preguntas. La audiencia en conjunto debe cubrir las necesidades de casa y desarrollo en la comunidad, desarrollo de actividades propuestas y la revision del cumplimiento del programa. La audiencia publica que cubre el desarrollo de la comunidad y las necesidades de casa debe ser Ilevada a cabo en la fecha y lugares convenientes a beneficiarios actuales a potenciales, con lugares accesibles para discapacitados. Las audiencias publicas deben Ilevarse a cabo de cierta forma que cumplan las necesidades de residentes que no hablen Ingles ya que se espera que un numero razonable de estos participe en el programa. (6) Informar a los ciudadanos con suficiente anticipacion, y oportunidad de comentar al respecto, sobre actividades propuestas en solicitud al estado y, por subvenciones ya efectuados, actividades que sean propuestas para agregarse, eliminarse a ser cambiadas substancialmente de la solicitud de unidad general de gobiernos locales al estado. Cambiadas substancialmente significa que los cambios sean en terminos de objetivo, alcance, Iugar o beneficiario, como es definido bajo el criterio establecido por el estado. (7) Proveer a los ciudadanos la direccion, el telefono y las fechas y horario para entregar quejas y objeciones, y proveer oportunas respuestas por escrito a quejas entregadas por escrito, dentro de los primeros 15 dias habiles, cuando asi pueda aplicarse. 53 SUBRECIPIENT AGREEMENT FOR CDBG PUBLIC SERVICES THIS AGREEMENT is between the local government CDBG recipient county name> (herein called the Local Government) and < insert community action program name> (herein called the Subrecipient) for public services funded by the state Community Development Block Grant (CDBG) Program. <insert As the Washington State Department of Commerce (Commerce) is authorized by the federal Department of Housing and Urban Development (HUD) to provide funds to units of local government selected to undertake and carry out certain activities and projects under the Washington State CDBG Program in compliance with all applicable local, state, and federal laws, regulations and policies; and As the Local Government has applied for and received a CDBG award, contract number to fund public services; and As it benefits the Local Government to engage the Subrecipient to accomplish the Scope of Work and the objectives of the local CDBG project; The parties agree that: 1. SCOPE OF WORK A. Local Government Responsibilities The Local Government is responsible for administration of the CDBG contract, and ensuring CDBG funds are used in accordance with all program requirements [(24 CFR 570.501(b)] and its CDBG contract with Commerce referenced above. The Local Government will provide such assistance and guidance to the Subrecipient as may be required to accomplish the objectives and conditions set forth in this Agreement. B. Subrecipient Responsibilities The Subrecipient shall complete in a satisfactory and proper manner as determined by the Local Government the tasks described in the attached Scope of Work and Budget 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 time of performance for this Agreement will begin the date the parties sign and complete execution of this agreement for funding available as of the effective date established by the Local Government's CDBG contract, and will be in effect for the time period during which the Subrecipient remains in control of CDBG funds or other CDBG assets. 3. BUDGET The Subrecipient shall follow the budget approved by Commerce and the Local Government and attached to this Agreement. The Local Government may require a more detailed budget breakdown, and the Subrecipient shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the Local Government. Any amendments to the budget must first be determined by the Local Government as consistent with its CDBG contract with Commerce and then approved in writing by the Local Government and the Subrecipient. 54 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 Work. 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. The Local Government may pay the Subrecipient for overtime, extra -pay shifts, and multi -shift work only with prior approval. Exceptions are as follows: 1) When necessary to cope with emergencies, such as those resulting from accidents, natural disasters, breakdowns of equipment, or occasional operational bottlenecks of a sporadic nature. 2) When employees are performing indirect functions, such as administration, maintenance, or account. 3) In the performance of tests, laboratory procedures, or other similar operations which are continuous in nature and cannot reasonably be interrupted or otherwise completed. 4) When lower overall cost to the federal Government will result. 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 attached Scope of Work by tracking project progress, reviewing payment requests for applicable costs, managing the timely pass- through of CDBG funds, overseeing compliance with CDBG requirements, and ensuring recordkeeping and audit requirements are met. Substandard performance as determined by the Local Government will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the Local Government, contract suspension or termination procedures will be initiated. 6. SPECIAL CONDITIONS [This section of the Agreement can be used by Local Government to include special conditions specific to the particular activity or individual Subrecipient.] 7. GENERAL CONDITIONS A. General Compliance The Subrecipient agrees to comply with: a) The requirements of Title 24 of the Code of Federal regulations, Part 570 (HUD regulations concerning CDBG); and b) All other applicable Federal, state and local laws, regulations, and policies, governing the funds provided under this Agreement. 55 B. CDBG National Objective The Subrecipient certifies the activities carried out under this Agreement will meet a CDBG Program National Objective as defined in 24 CFR 570.208. C. "Independent Contractor" Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer /employee between the parties. The Subrecipient shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Local Government shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and /or medical insurance and Workers' Compensation Insurance, as the Subrecipient is an independent contractor. D. Hold Harmless The Subrecipient shall hold harmless, defend and indemnify the Local Government from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the Subrecipient's performance or nonperformance of the services or subject matter called for in this Agreement. E. Workers' Compensation The Subrecipient shall provide Workers' Compensation Insurance Coverage for all of its employees involved in the performance of this Agreement. F. Insurance & Bonding The Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and /or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the Local Government. G. Funding Source Recognition The Subrecipient shall insure recognition of the roles of Commerce, the WA State CDBG program, and the Local Government in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, the Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. _u-E :u-2 The Local Government or Subrecipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Local Government's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Local Government or Subrecipient from its obligations under this Agreement. I. Suspension or Termination In accordance with 24 CFR 85.43, the Local Government may suspend or terminate this Agreement if the Subrecipient materially fails to comply with any terms of this Agreement, which include (but are not limited to) the following: 56 a) Failure to comply with any of the rules, regulations or provisions referred to herein, or such statues, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; b) Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement. c) Ineffective of improper use of funds provided under this Agreement; or d) Submission by the Subrecipient to the Local Government reports that are incorrect or incomplete in any material respect. In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by either the Local Government or the Subrecipient, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the Local Government determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Local Government may terminate the award in its entirety. 8. ADMINISTRATIVE REQUIREMENTS A. Financial Management 1. Accounting Standards The Subrecipient agrees to comply with 24 CFR 84.21 -28 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The Subrecipient shall administer its program in conformance with OMB Circulars A -122, "Cost Principles for Non - Profit Organizations," or A -21, "Cost Principles for Educational Institutions," as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. 3. Duplication of Costs The Subrecipient certifies that work to be performed under this Agreement does not duplicate any work to be charged against any other contract, subcontract or other source. B. Documentation and Record Keeping 1. Records to be Maintained The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: a) Records providing a full description of each activity undertaken; b) Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c) Records required to determine the eligibility of activities; d) Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e) Records documenting compliance with the civil rights components of the CDBG program; f) Financial records as required by 24 CFR 570.502, and 24 CFR 84.21 -28; 57 g) Other records necessary to document compliance with Subpart K of 24 CFR Part 570. 2. Access to Records and Retention All such records and all other records pertinent to this agreement and work undertaken under this agreement shall be retained by the Subrecipient for a period of six years after final audit of the Local Government's CDBG contract, unless a longer period is required to resolve audit findings or litigation. In such cases, the Local Government shall request a longer period of record retention. 3. Audits and Inspections All Subrecipient records with respect to any matters covered by this Agreement shall be made available to the Local Government, Commerce, and duly authorized officials of the state and federal government, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current Local Government policy concerning subrecipient audits and OMB Circular A -133. The Catalog of Federal Domestic Assistance (CFDA) number is 14.228. C. Reporting and Payment Procedures 1. Program Income The Subrecipient shall report annually all program income (as defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the Subrecipient shall comply with the requirements set forth at 24 CFR 570.504. 2. Periodic Reports The Subrecipient, at such times and in such forms as the Local Government may require, shall furnish the Local Government such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Agreement. D. Use and Reversion of Assets The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503, 570.504, as applicable, which include but are not limited to the following: 1. The Subrecipient shall transfer to the Local Government any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination. 2. Real property under the Subrecipient's control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of $25,000 shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until ten (10) years after the contract between Commerce and the Local Government is closed. If the Subrecipient fails to use 58 CDBG- assisted real property in a manner that meets a CDBG National Objective for this 10- year period of time, the Subrecipient shall pay the Local Government an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non -CDBG funds for acquisition of, or improvement to, the property after the CDBG program's approval. Such payment shall constitute program income to the Local Government. The Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the ten -year period. 3. In cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds shall be program income. Equipment not needed by the Subrecipient for activities under this Agreement shall be (a) transferred to the Local Government for CDBG - eligible activities as approved by the CDBG program or (b) retained after compensating the Local Government. 9. PERSONNEL & PARTICIPANT CONDITIONS A. Civil Rights Title VI of the Civil Rights Act of 1964: Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, creed, religion, sex or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Section 109 of the Housing and Community Development Act of 1974: No person in the United States shall on the grounds of race, color, creed, religion, sex or national origin be excluded from participation in, be denied benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title Age Discrimination Act of 1975, as Amended No person shall be excluded from participation, denied program benefits, or subjected to discrimination on the basis of age under any program or activity receiving federal funding assistance. (42 U.S.C. 610 et. seq.) Section 504 of the Rehabilitation Act of 1973, as Amended No otherwise qualified individual shall, solely by reason or his or her disability, be excluded from participation (including employment), denied program benefits, or subjected to discrimination under any program or activity receiving Federal funds. (29 U.S.C. 794) Public Law 101 -336, Americans with Disabilities Act of 1990 Subject to the provisions of this title, no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity. B. Section 3 of the Housing and Community Development Act of 1968 Compliance in the Provision of Training, Employment, and Business Opportunities: The work to be performed under this agreement is on a project assisted under a program providing direct federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower- income residents of the project area; and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part, by persons residing in the area of the project. 59 C. 2. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of HUD set forth in 24 CFR 135, and all applicable rules and orders of HUD and Commerce issued there under prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability that would prevent them from complying with these provisions. 3. The Subrecipient will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. 4. The Subrecipient will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant, or recipient of federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of HUD, 24 CFR Part 135. The Subrecipient will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract, unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. 5. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of HUD and Commerce issued hereunder prior to the execution of the contract, shall be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements shall subject the applicant, or recipient, its consultants and subcontractors, its successors and assigned to those sanctions specified by the grant or loan agreement or contract through which federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. Conduct 1. Assignability The Subrecipient shall not assign or transfer any interest in this Agreement without the prior written consent of the Local Government thereto; provided, however, that claims for money due or to become due to the Subrecipient from the Local Government under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Local Government and Commerce. 2. Conflict of Interest No member of the Local Government's governing body and no other public official of such locality, who exercises any functions or responsibilities in connection with the planning or carrying out of the project, shall have any personal financial interest, direct or indirect, in this agreement; and the Subrecipient shall take appropriate steps to assure compliance. The Subrecipient agrees to abide by the provisions of 24 CFR 84.42 and 570.611, which includes maintaining a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. .o] The Subrecipient covenants that its employees has no interest and shall not acquire interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of services hereunder. The Subrecipient further covenants that in the performance of this Agreement, no person having such interest shall be employed. 3. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions a) The lower tier contractor certifies, by signing this contract that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. b) Where the lower tier contractor is unable to certify to any of the statements in this contract, such contractor shall attach an explanation to this contract. c) The contractor further agrees by signing this contract that it will not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. D. Copyright If this Agreement results in any copyrightable material or inventions, the Local Government and /or Commerce reserves the right to royalty -free, non - exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes. E. Religious Activities The Subrecipient agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.2000), such as worship, religious instruction, or prose lytization. 10. SEVERABILITY If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. 11. PERFORMANCE WAIVER The Local Government's failure to act with respect to a breach by the Subrecipient does not waive its right to act with respect to subsequent or similar breaches. The failure of the Local Government to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. 61 12. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the Local Government and the Subrecipient for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the Local Government and the Subrecipient with respect to this Agreement. The attachments to this Agreement are identified as follows: Attachment #1, Scope of Work & Budget, consisting of _ pages. Attachment #2, CDBG Contract, consisting of _ pages. IN WITNESS WHEREOF, the Local Government and the Subrecipient have executed this agreement as of the date and year last written below. <name of Local Government> <name of Subrecipient> By _ Title Date Approved As To Legal Form: Attorney 62 M Title Date Attachment #1 — Scope of Work & Budget SCOPE OF WORK A. Service Programs NOTE. List the specific public service activities from the CDBG application's Project Description & Low- and Moderate - Income Benefit Table, or reference the CDBG application's Project Description & Low- and Moderate - Income Benefit Table. B. Periodic Reports 1. Quarterly Beneficiary Reporting Forms with data on the use of CDBG funds, including the number of: • Persons served; • Low- and moderate - income persons served; • Persons with new or continuing access to a service; • Persons with improved access to a service; • Persons receiving a service that is no longer substandard; • Persons served by Race /Ethnicity • Persons served by income levels. 2. No more than monthly and no less than quarterly, A -19 Invoice Vouchers with a written narrative report on the services and expenditures funded by CDBG as back -up documentation of the CDBG reimbursement payment request. 3. Other: C. Local Government Oversight Plan 1. Review and approval authority for each payment request for CDBG reimbursement. 2. Annual on -site monitoring visit. 3. Receipt and review of community action agency's annual audit report, Management Letter (if received), and any documentation of any CDBG - related findings. 4. Annual public hearing to receive input on program performance. 63 BUDGET Attach or reference the CDBG application's Services Budget (including any revisions) here. 64 Attachment #2 — CDBG Contract between Commerce and Local Government: 65 CDBG PUBLIC SERVICES GRANT QUARTERLY BENEFICIARY REPORTING FORM This report is due on Oct.31 (for V Qtr.), Jan 31 (for 2nd Qtr.), Apr. 30 (for 3rd Qtr.), July 15 (for 4"' Qtr.) Grantee: Forward one copy to your contract manager at the Contracts Administration Program — Retain one c Grantee I CDBG Contract No: I CDBG Project Title Name for your records. Subrecipient Address: Name: Reporting ❑ 1st Quarter (July -Sept) ❑ 2n Quarter (Oct -Dec) ❑ 3r Quarter (Jan- March) ❑ 4t Quarter (Apr -June) Period 2014 -2015 THE TOTAL NUMBER OF: 1 Qtr 2 Id Qtr 3 Id Qtr 4d' Qtr Cumulative PERSONS ASSISTED IN 2014 -2015 4d' Qtr Cumulative IMPROVED OR CONTINUING ACCESS TO SERVICE/ BENEFIT OF THE TOTAL NUMBER OF PERSONS ASSISTED, THE NUMBER OF PERSONS WITH: NEW ACCESS TO SERVICE/ BENEFIT 1sT Qtr 2nd Qtr 3`d Qtr 4d' Qtr Cumulative IMPROVED OR CONTINUING ACCESS TO SERVICE/ BENEFIT RECEIVING A SERVICE /BENEFIT THAT IS NO LONGER SUBSTANDARD RACE DATA OF BENEFICIARIES 1 Qtr 2 Id Qtr 3 Id Qtr 4f'' Qtr Cumulative # # of Hispanic 1f # # of Hispanic 1f # # of Hispanic # 1f # of Hispanic # 1f # of Hispanic WHITE BLACK /AFRICAN AMERICAN ASIAN AMERICAN INDIAN /ALASKAN NATIVE NATIVE HAWAIIAN /OTHER PACIFIC ISLANDER AMERICAN INDIAN /ALASKAN NATIVE AND WHITE ASIAN AND WHITE BLACK /AFRICAN AMERICAN AND WHITE AMERICAN INDIAN /ALASKAN NATIVE & BLACK /AFRICAN AMERICAN OTHER MULTI - RACIAL TOTALS NIJYANIL;- = HUU HAJ UtJIUIVA I tU HI IHAIVIU AJ AIV t I HIVIU t3KUUH. A NtKJUIV UAIV Ct IUtIV I W ItU AJ CU I H A IVItIVIIJEK OF A KAUTAL CiKUUH AIVU AIV t I HIV IU CiKUUN, CU I UAIVIVU I BE DESIGNATED ONLY AS AN ETHNIC GROUP. BENEFICIARY INCOME DATA MEDIAN INCOME (% OF HUD ADJUSTED MEDIAN FAMILY INCOME) 1sT Qtr 2nd Qtr 3`d Qtr 4d' Qtr Cumulative 0 - 3 0 % (VERY LOW- INCOME) 31- 50 % (LOW- INCOME) 51 -80 % (MODERATE INCOME) 81 % AND ABOVE TOTALS Please provide a narrative explanation of the public services provided (i.e., 150 meals provided to senior citizens, drug counseling provided to 25 people, etc.) Signature Date of Signature I certify that all CDBG funds expended for personnel costs are directly attributed to CDBG eligible activities. Name, affiliation and phone number of person completing or signing this form: 11 Instructions: No Voucher will be paid unless your quarterly reports are up to date. All sections must total the number of persons assisted. This form should be completed by the contract subrecipient (CAP) and sent to the CDBG Grantee (county). The CDBG Grantee (county) should send this form to the CAU project manager. Item 1: Unduplicated Count of Persons Assisted. Reporting Period: Insert the unduplicated number of clients served during the reporting period. Unduplicated means that one person served by your agency is counted once during the calendar year. You may report only those persons for whom you maintain written records. This record must be established at the time the person is first served by your agency. Race: Insert the ethnicity for the unduplicated clients served during this reporting period. When completing this section, if the individual is not Hispanic or Latino, use the first column labeled #Total. If the individual is Hispanic, use the first column to identify race (which gives us a total), then count the individual in the second column, which is a subset of the first column. Single Head of Household; Elderly, and Disabled: Insert the unduplicated number of single female head of households with dependents /children served during the reporting period. Insert the unduplicated number of Elderly and Disabled, if your agency tracks this data. If services are provided to "Elderly" populations with CDBG funds, it is expected that your agency will track this data Income: Insert the unduplicated clients (not households) served who are Moderate Income (51 -80 %), Low - Income (31 -50 %) and Extremely Low - Income (0 -30 %). 67