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HomeMy WebLinkAbout030518_ca01Consent Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Leslie Locke, Executive Assistant DATE: March 5, 2018 SUBJECT: HEARING NOTICE re: Community Development Block Grant (CDBG) Application; 2018 Public Service Grant and Close Out of the 2017 Public Service Grant; Olympic Community Action Programs (OlyCAP); Hearing Scheduled for Monday, March 19, 2018 at 10:00 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 2017 grant. FISCAL IMPACT: The total 2018 grant funding available for Jefferson County is $103,958 with the County receiving $3,500 for administration costs. RECOMMENDATION: Sign the hearing notice on the CDBG Grant. The hearing is scheduled for Monday, March 19, 2018 at 10:00 a.m. in the Commissioners' Chambers. The notice will be published in the Leader on March 7 and 14, 2018. REVIEWED BY: Phil' or rn t or Date Please publish 2 times: March 7 and 14, 2018 Contact Person: Leslie 385-9100 Bill to: Jefferson County Commissioners P.O. Box 1220 Port Townsend, WA 98368 Bill Account 4 15829 (Non -Departmental) NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a public hearing is scheduled by the Jefferson County Board of Commissioners for Mondav, March 19, 2018 at 10:00 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 lower income persons residing in Jefferson County. $103,958 is proposed to be available annually to Jefferson County and the Olympic Community Action Programs (OlyCAP) to fund public service 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 2017 CDBG Public Services Grant will also be received. 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 at 360-385-9100; 1820 Jefferson Street, Port Townsend, WA 98368. Signed this 5th day of March, 2018. JEFFERSON COUNTY BOARD OF COMMISSIONERS David Sullivan, Chair Department of Commerce Community Development Block Grant 2018 Public Services Grant Application Handbook January 2018 Brian Bonlender Director Due date: April 6, 2018 WASHINGTON STATE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 2018 PUBLIC SERVICES GRANT APPLICATION HANDBOOK Mark K. Barkley, Assistant Director Bruce Lund, Managing Director Local Government Division Community Assistance & Research Unit CDBG Program Staff Kaaren Roe Section Manager (360) 725-3018 kaaren.roeCa)-commerce.wa.gov Laurie Dschaak Grant Specialist (360) 725-5020 laurie.dschaakCa)-commerce.wa.gov Arlene Escobar Project Manager (360) 725-2725 arlene.escobara-commerce.wa.gov Jeff Hinckle Project Manager Public Services Grant Lead 360-725-3060 jeff.hinckleCa)-commerce.wa.gov Sheila Lee -Johnston Project Manager (360) 725-3009 sheila.lee-iohnstonCa)-commerce.wa.gov Genny Matteson Project Manager (360) 725-3093 penny.mattesonCa)-commerce.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/cdbq For people with disabilities, this application is available on request in other formats. To submit a request, please call (360) 725-4000 (TTY 360-586-0772). www.commerce.wa.gov/cdbq Department of Commerce 146TAINUMMIUMOTM 0"IMM0.1159M.9reTma V �enl I I I 1' or)ruRulidiinj rllo"wil q I , a i f ' I x , InI nt r I i I f i, ri I,, roe n�, m i)= T) I I I I I I d f) hy,,, I � I ( nv v , r n I I v �m :0 I w, In, (, I i'� I � V2 , I""j I t I r 1 , 0 d - h, a n :.Ih. n I " Y I I-, , 1, 1,)"," 1) (1 . I ) , " it ()I N . i I I I-io �j J1 e, A hj , I I v n� �, he r I I r I I v I r I r, f I I I it I I I V I I I �gr j r i I uirfr I;^^I " j I I lu ( PI x (: r I I I) el i, ¢ o" gI o I )r ° WHO CAN APPLY? Mier II nII ti,hYVIIuYrviIIITi r11,)t ,jf^I H " j ) I I t I V I I( 'Tn I H( Pu�m t I f)'Vn,l pro^I yrnC (HIF) 'm pj�y f )r no I IBI Fiij("„nnd IMVI-,�IMI 31pulminin rhmn noi ),IiII, TM11 F in o DIM I nnflmi,�nt Jitm 6:mrio Coni iIurn, dind I oI(nJe- vId) pq)d::MICHt jid'; I P I I, I) I )w d i,:,� n, r, fmNI-III 11s� ,11 P I Or I ill°, ( M I) "I'M I I tf M "fl) , r 11 J( ,, (,::)I I, ii I T: I Iewj,p I v N ") I I I' I, P1, cruM1 imui`Q UIgd",IU:flI1)1-�, )rid ItIdidn PlDt' :11 e 1XVir1M1EPM1eW diy",y IN ly u h,u:Ae I IFN:, TUsVdn I fu h hnqi, a I i,,¢y p::r j ria )b ; lr,� !-, (e I I i I nIf), t5 W I I I, i 11 it"� W I d I d) I id t giul M:w) 111,� WHAT CAN IBE FUNDED? P a i f 'fl X , Im � �gn u I i ( ri I I i ii id o vm k, I ; mp,( i,f : (I -'IFI I I -j ,�nr I , p , r Click this link to go to the Specialty Grants page and scroll down to Public Services Grants. PROGRAM LINKS 1A RESOURCES .............................................................. I., .......................... .......... ............................ L 1 L ............... NEED HELIP" TABLE OF CONTENTS GENERAL APPLICATION INFORMATION ............................................ 7 2018 CDBG Public Services Grant Amounts........................................................ 9 Application Changes from 2017.......................................................................... 10 Roles and Responsibilities.................................................................................. 10 Application Format and Submittal....................................................................... 11 Award and Contracting Timeline......................................................................... 11 Eligible Activities................................................................................................. 12 Ineligible Activities.............................................................................................. 12 APPLICATION FORMS AND CERTIFICATIONS..................................13 ProjectSummary................................................................................................ 15 Project Description and LMI Benefit Table......................................................... 19 AnnualBudget....................................................................................................23 Citizen Participation Documentation.................................................................. 25 Resolution with Certifications of Compliance...................................................... 27 Title VI Certification............................................................................................ 31 APPENDICES.........................................................................................34 Eligible CDBG Public Services Activities - Federal Regulation Excerpt .............. 35 Public Services Definitions and Codes............................................................... 35 Eligible and Ineligible Housing Related Services ................................................ 39 Citizen Participation............................................................................................41 Citizen Participation Requirements.....................................................................42 Sample Public Hearing Notice............................................................................ 45 Sample Grievance Procedure............................................................................. 47 Public Hearing Handout: Federal Citizen Participation Requirements ................ 49 Public Hearing Handouts in Spanish................................................................. 51 Sample Subrecipient Agreement........................................................................ 53 Application Process Feedback Form.................................................................. 63 GENERAL APPLICATION INFORMATION This section contains details on funding levels, basic eligibility, and tips to ensure your submittal is complete. • 2018 CDBG Public Services Grant Amounts • General Application Information • Application Changes from 2017 • Roles and Responsibilities • Application Format and Submittal • Award and Contracting Timeline • Eligible Activities • Ineligible Activities 2018 CDBG PUBLIC SERVICES GRANT AMOUNTS -proposed COUNTY SUBRECIPIENT —SERVICE PROVIDER GRANT GRANT TOTAL (including county CONTRACT # COMMUNITY ACTION PROGRAM SERVICE AREA administration) Asotin Community Action Partnership Asotin $39,039 18-62210-001 Benton Benton Franklin Community Action Connections Benton, Franklin $65,304 18-62210-002 Chelan Chelan -Douglas Community Action Council Chelan, Douglas $58,282 18-62210-003 Cowlitz Lower Columbia Community Action Council Cowlitz, Wahkiakum $68,079 18-62210-004 Grant Opportunities Industrialization Center Adams, Grant $121,097 18-62210-005 Grays Harbor Coastal Community Action Program Grays Harbor, Pacific $105,945 18-62210-006 Jefferson Olympic Community Action Programs Clallam, Jefferson $103,958 18-62210-007 Kittitas HopeSource Kittitas $83,997 18-62210-008 Klickitat Washington Gorge Action Programs Klickitat, Skamania $70,048 18-62210-009 Mason CAC of Lewis, Mason and Thurston Counties Lewis, Mason $104,737 18-62210-010 Okanogan Okanogan County Community Action Council Okanogan $82,716 18-62210-011 Skagit Community Action of Skagit County Skagit $64,252 18-62210-012 Stevens Rural Resources Community Action Ferry, Lincoln, Pend $97'207 18-62210-013 Oreille, Stevens Walla Walla Blue Mountain Action Council Columbia, Garfield, $46,109 18-62210-014 Walla Walla Whatcom Opportunity Council Island, San Juan, $127,726 18-62210-015 Whatcom Whitman Community Action Center Whitman $101,202 18-62210-016 Yakima Northwest Community Action Center Yakima $160,302 18-62210-017 TOTAL $1,500,000 This application handbook provides information and forms to apply for a 2018 Public Services Grant from the state Community Development Block Grant (CDBG) program. CDBG Public Services Grants are distributed through a regional -based approach with rural counties to ensure all CDBG non -entitlement areas of the state have equitable access to CDBG-funded services. Each of the 17 eligible county grantees has determined to continue to partner with its local community action program as grant subrecipient and service provider for the 2018 funding year. This partnership builds upon the existing community action program network. The CDBG Public Services Grant allocation formula determines the specific grant amounts and was updated to incorporate current population estimates and poverty rates for each regional service area. APPLICATION CHANGES FROM 2017 The application forms have been updated. To ensure your application meets CDBG requirements and to expedite processing, DO NOT use previous application versions. • The Environmental Review exemption form submitted last year is good for two years and is not required this year. • The Quarterly Beneficiary Report has been updated. • Unified Business Identifier (UBI) numbers are now required on the Project Summary form. The county and its subrecipient organization that will provide public services must coordinate to complete this application. FORMS AND F WUIREMENT COUNTY AND COMMISSIONERS , SUBRECIP1ENT Submit these application documents and certifications by April 6, 2018 (or earlier). Project Summary Complete with Complete with county subrecipient Project Description and LMI Benefit Table Approve services to be Complete funded Annual Budget Approve proposed use of Complete funds. Determine county administration amount up to $3,500 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 • Public hearing minutes distributing CDBG handouts at the hearing • Grievance Procedure Resolution with Certifications of Compliance Complete and adopt Title VI Certification Complete and sign Application Process Feedback Form Complete with Complete with county subrecipient 10 FORMS AND RWUIREMENTS COUNTY AND COMMISSIONERS , SUBRECIP1ENT Submit these signed agreements before the first payment request for 2018 funds. The CDBG contract 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 Community Action Program or alternate with subrecipient, and county before first service provider.sign before first request request for 2018 funds for 2018 funds APPLICATION FORMAT AND SUBMITTAL 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. Email a PDF copy to laurie.dschaak(a�commerce.wa.gov and mail one hard copy to: Laurie Dschaak — CDBG Program 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 subrecipient are required before the release 2018 CDBG funds. This timeline and funding are contingent upon the state's receipt of 2018 CDBG funds from the US Department of Housing and Urban Development (HUD). 11 ELIGIBLE ACTIVITIES 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 35. Further definitions of CDBG eligible public services and specific guidance on housing -related services are on pages 39-40. 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. The current Income Limits chart is on the CDBG website under Guidance Materials and LMI is up to 80% of median household income by family size. 5. Target residents of CDBG non -entitlement 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 Walla Walla Bellingham Mount Vernon Wenatchee East Wenatchee Pasco Yakima Kennewick Richland INELIGIBLE ACTIVITIES In general, any activity not described above is not eligible. Specifically, Public Services Grants cannot fund: 1. Activities and administrative costs eligible under another CDBG fund, such as: • Planning and community organization activities, not directly linked to the 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 Jeff Hinckle at (360) 725-3060 or jeff.hinckle(a-)-commerce.wa.gov if you have any questions. 12 APPLICATION FORMS AND CERTIFICATIONS • Project Summary • Project Description and LMI Benefit Table • Annual Budget • Citizen Participation Documentation • Resolution with Certifications of Compliance • Title VI Certification 13 PROJECT SUMMARY 1. Grant Type CDBG Public Services Grant 2. Jurisdiction Telephone Mailing Address Fed Tax ID # Street Address DUNS # City UBI # Postal Code + 4 SAM.gov expires Email SWV# 3. Contact Person Title Mail Address Street Address Telephone City Postal Code +4 Email 4. Subrecipient Contact Person Title Mail Address Street Address Telephone City DUNS # Postal Code UBI # Email SAM.gov expires 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. 15 9. National Objective: ® Principally benefits low- and moderate -income persons or households. 10. Annual Project Budget: CDBG $ CDBG Program Income $ Other Federal $ Other State $ Local Public $ Private $ 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 LMI Percentage: % # of LMI Persons 12. How were the numbers of beneficiaries determined? ® LMI Limited Clientele 13. Street address, city and zip code of primary location of subrecipient services (if different than 4.): 14. Certification of Chief Administrative Official: The information provided in the application is true and correct to the best of the government's belief and knowledge and it is understood the state may verify information, and that untruthful or misleading information may be cause for rejection of this application or termination of any subsequent grant contract. Signature Date Print Name Title 09 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 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, 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. You can obtain a SWV number at: http://des.wa.gov/services/ContractingPurchasing/BusinessNendorPay/Pages/default.aspx ➢ A Data Universal Number System (DUNS) number is required for recipients of federal funds. Obtain a DUNS number at: fedgov.dnb.com/webform ➢ List the expiration date of the applicant jurisdiction's SAM.gov registration. Recipients of federal funds must renew their registration each year in the System for Award Management (SAM). You can create or update your record in SAM.gov at sam.gov/portal/public/SAM. ➢ List the applicant's UBI#. You may obtain a UBI at http://bls.dor.wa.gov/file.aspx 3. Provide information on the person who will be the county contact for Commerce during the CDBG grant contract period. 4. Provide information on the subrecipient that will benefit from the project or receive CDBG funds as a pass through. ➢ Provide the organization's legal name for contracting purposes ➢ A Data Universal Number System (DUNS) number is required for subrecipients of federal funds. Obtain a DUNS number at: fedgov.dnb.com/webform ➢ List the subrecipient's UBI# http://bls.dor.wa.gov/fiile.aspx 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. Summarize the annual project budget amount and funds leveraged for the July - June grant contract period. ➢ List the applicable 2018 CDBG total award (which includes county administration funds) from the CDBG Public Services Grant Amounts table on page 9. The CDBG amount cannot exceed the amount requested in the Resolution of Certifications of Compliance or CDBG maximum limits. ➢ 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 $35,000 in a calendar year. ➢ List by type the estimated amounts of other funding sources to be used for the service(s) you list on your Project Description form. This data is used by HUD to demonstrate CDBG program effectiveness. In the unlikely case that CDBG is the only funding source for the service program(s), then list only the CDBG amount in box 10. ➢ There is no match requirement to receive CDBG grant funds. 17 11. List the number of project beneficiaries for the July - June grant contract period. First complete the application's Project Description and LMI 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 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 59. 12. Predetermined 13. List the street address, city and postal code of primary location of subrecipient services (if different than 4.) If CDBG funds will be used primarily for services offered from a satellite office rather than the subrecipient main office, list the address of that satellite office instead. 14. 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. 18 6i LU -j IL � x W U) � § q d § 0U E ) ® -CO# E ) m ® �■ c2 � § m .\ 0 a- Co LU (D_ L) q LO§« oak �/ oak 02 02CL 2fo 2 o 2= z 2fo m®�� u*ku 0 E m \ \ \ \ - - 2 - W �§ �\ / \ d \ 0 0 CO sz 0 \ m sz ° a °2 �z F- Z SZ f m co k / \ / m m \ ƒ m sz '� ._ƒ.\ F- F-< � © � 2� m ./ ¢ ® 2 CO 2 � o � o z U E o§ LZm 2 2 k � CV) _3 =co ui z a Q. / E en m= 7 m m m m m m a ui ®k2 0� k k / / � / / $ p 2§§ \ k \ \ _ C/) ./ m � m 0 7 ca�2�3 _S�= R 2 �c m � k \ ] C/) m .§ = W x ƒ W O \ ■ / U \ 0 ccQ D § « \ � 7 # w Q 0 \ -J 2 k co < 1 \ 1- o 2 / O q F- d ƒ CL ■ a @ R .2 C/) Q. Dui 0 LU � / U r O « k / 2 a ■ u ■ m 0 LU � « 2 6i LU -j IL � x W 2 � § q d § 2 ƒ E ) ® -CO# E ) m ® � § m .\ 0 � CO q) m® (D_ LO§« oak �/ oak §o 2fo 2 o 2= z 2fo m®�� u*ku \ \ \ \ - - 2 - / \ d \ 0 0 0 sz 0 m sz ° a °2 �z /) Z SZ f m co k \ / m m \ ƒ m sz '� ._ƒ.\ a 2� m ./ ¢ ® 2 CO 2 � o � m / / % CO § LZm 2 2 k � CV) _3 =co .§ E en m= 7 m m m m m m \ k k / / � / / 2 2 / % \ k _ C/) ./ 2 m m � k \ ] C/) m .§ = ƒ W O 2 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 and pages 35-39. Section A: Activities List each service to be CDBG funded during the July — June grant contract period. The program name and service description is used to confirm CDBG eligibility, understand the important services being provided for county residents, and approve each CDBG payment request. Before approving payments from this grant, Commerce and the county must confirm each CDBG payment request and Expenditure Report correlates with a service described here to ensure CDBG funds are supporting the intended, approved programs. To improve accountability, we encourage funds be distributed between fewer activities. However, additional rows may be added to this form. In each row complete: NAME of Service Program: List the activity by the PROGRAM/SERVICE NAME used by the community action program/service provider. • Do not use general terms such as "linkages," "outreach" or "partnership building" that imply agency development work and do not clearly describe a CDBG eligible direct client services to be funded. Instead of linkages, if CDBG is to fund a staff person who refers clients to a wide range of potential resources, then the program name can be Resource Referral, the description would explain the client intake and referral services, and the HUD code would be 05. Outreach costs to inform clients of a specific program can be an allowable expense, but only as part of that program's service delivery costs. Outreach is not an eligible CDBG public service in of itself. Specific partnership building costs necessary to provide a direct client service could be an allowable expense as part of that program's service delivery costs and that Program Name and service description would be listed in the table. • Housing Related Services — Many housing related activities are not eligible as a CDBG public service because they are eligible instead for a housing rehabilitation, facility or homeownership assistance type of CDBG grant. Make sure your program name and service description of any housing related services clearly shows how the service meets the definition of an eligible CDBG public service. Additional guidance is provided in the appendix on page 43-44. 2. DESCRIPTION of Services: Provide a DESCRIPTION of the direct service received by the client. The service description must be detailed enough for Commerce to compare to the lists of eligible and ineligible public services found on pages 12 and pages 39-44 to and confirm eligibility. 3. HUD Code: Use the table beginning on page 39; Public Services Definitions and Codes to identify the applicable code to list. 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 Public Services). Section B: Level of Service 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. 21 (N) New or Continuinq Access to a Service - A client service that was not offered by the subrecipient 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. Section C: Number of Persons 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. Section D: Method of Ensuring Benefit to LMI Persons For each row, describe the METHOD for ensuring how each activity will principally benefit low- and moderate -income (LMI) persons that are CDBG non -entitlement residents. LMI - CDBG activities must principally benefit LMI persons. Generally, a subrecipient 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. OR (Use #4 below as a method only under very limited circumstances and providing a written description of both the nature and location for Commerce to submit to HUD) 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 Non -entitlement - The following subrecipient 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 subrecipients must also describe the method for ensuring the grant ONLY benefits CDBG non -entitlement residents. Verifying the client's address or the location of services are examples of methods for targeting the benefit to only CDBG non -entitlement area residents. 22 \ @ 3 § § 4- -0 \ k / 20 -Fum O RF- F - § 9 9 ■ § R 0 0 F- LU C § >f 2 \o CD 2 C / D @ U 3 —5 X00 � 3 0 e 2 D O � « @ 3 q .� E ? 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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 paths to Census data on language spoken, are in the appendix. • Attach the required documentation to this form with your CDBG application. PUBLIC HEARING STEPS ASSESSMENT YES NO There are 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 question 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 is in the appendix. ❑ ❑ 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). ❑ ❑ 25 ADVERTISEMENT YES NO List public hearing notice date(s): The notice was advertised at least two weeks before the hearing date. ❑ ❑ The notice meets local public hearing notification requirements. ❑ ❑ Because I answered YES under the ASSESSMENT step above, the notice was N/A advertised in the alternate language using at least one of the following methods: 1. Published in a newspaper or official on-line source. ❑ ❑ 2. Announced on radio or television station. ❑ ❑ 3. Posted at location(s) frequented by non-English speaking residents. List locations: 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 List public hearing date: The public hearing was held within 18 months of the date the CDBG application was ❑ ❑ submitted. 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 available on page 55-57.) 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. GRIEVANCE PROCEDURE A copy of the existing local government's adopted Grievance Procedure is attached. (A sample Grievance Procedure is available in the appendix. Do not ❑ ❑ assume the CDBG program has a copy of your jurisdiction's procedure on file from a prior application) The CDBG Certifications of Compliance have been signed certifying the citizen ❑ ❑ participation requirements have been met. 26 RESOLUTION WITH CERTIFICATIONS OF COMPLIANCE (FOR CDBG PUBLIC SERVICES GRANT ONLY) WHEREAS, (Name of county) is authorized to apply to the state Department of Commerce for a Community Development Block Grant (CDBG); and WHEREAS, (Name of county) has identified a community development and housing priority need for which to seek CDBG funding; and WHEREAS, it is necessary that certain conditions be met to receive CDBG funds; 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 subrecipient amount) and any amended amounts to fund public service activities in coordination with (name of subrecipient), 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 and will provide opportunities for citizen participation that satisfy the CDBG requirements of 24 CFR 570.486; 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; Has established or 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; 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 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); and Has adopted (or will adopt) and enforce a policy to prohibit 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 to enforce existing 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 27 (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 Name Title Date Attested Date 28 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 Commerce and certifying compliance with state and federal laws and specific program requirements. For the current CDBG contract terms and conditions, contact CDBG staff. 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. Usina Previous Versions A resolution that references another project submitted previously for CDBG funding will not be accepted. A resolution using a prior year version may not be accepted, since new clauses may have been added to this current version that apply to the proposed project. 29 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 Black or African American Asian American Indian/Alaskan Native Native Hawaiian/Pacific Islander American Indian/Alaskan Native/White Asian/White Other 1. MINORITY POPULATIONS reported in the service area demographics above are: Scattered throughout the community. Scattered throughout the community, with concentrations in the following areas or neighborhoods: Concentrated in the following areas or neighborhoods: 2. The following opportunities were provided to protected groups to participate in and comment on the design of activities to be undertaken as part of this project (check all that apply): X 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? 31 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. X 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 32 TITLE VI CERTIFICATION INSTRUCTIONS Demographic Data Instructions: Use current population data, such as local counts for small service areas or current OFM population estimates for the city/town or county. Otherwise, follow the instructions below for 2010 Census and Hispanic origin/race data. These data can be found at http://factfinder.census.gov. 1. Under Community Facts, insert jurisdiction Then click "GO" to bring up your search Community Facts name.,, results. Fling IPOPWLarr facts �paopullatlain, income, d fiegLRiRntly FACILiested daiia ab,ouutl YGUrr CpCRn MLl1111ty 2. To bring up the data, in the Community Enlei box; under 2010 Census click on the linkrr to "Race and Hispanic or Latino 7101 Ager �p i Bueismneas and linnidurs"tryy pJi i i EduucalLl ini �U'• Gowern mpmps �W i [ Housing...... Lew k, Coullnit , waslhliingtoini papulalfun eu:_ iO9Vd Tofal_Papudahcm ___________'"'_ll I to lhles. far dfiis gpogmalphry,: 210 H)+ Cerrsus or aii',p aodia. �d4°l11ln'au p.irmlyd r,zmor 01"urv'u✓a "P.0 pa,all,a&arum„ Age SnJR.ace ',[ wm Nj pT wP 1p�gp!u MVw Tseito mi r.navnr uw .'�aureu rr w -u urc'�r ur rr .. a IIIc revah all gm. and IFanflulur,., Rel aMI,,r.11nuq:r:s i.11irllkr:.I. ,, Iifcui,a.^Ifrc.A:k ,Size, ...J u: ,,P..iHie �aieul Fawwins Ifuu IPrau4garklhr n IHI lu.,Jlrrp Arra, ,:rt:k rsnll"Yr=n sN�inp� 1: sa:urrrR:ro.ar m e n xur, l u a,.tT foil p piull.uNa::�un,. Il Utrn�9rr,yg, �,, a 'ar q 210 3, American Community P£uarvey Id;Pw^.riwv,lli tpollilo� and Il llo isling Hii timpaikes urtApww .brim Race, Ilhra,as,eli r1 g and Iiftiusuung )� 20�H PaAauaReklamr Es,cirrtiaEes P'norgranm n T1111MAIl Por.I.Aafiori Imrr.O s Ceuns:uus 7000 ,eneial Il lmrrcgrR,pr?un P(Ipuullfii¢:mn, Ape Spw,, R4ce,, Hou:el ),Jdi, xannd IHlivu,iiirup, 1 i.a:,rrmR:a.ar C uprens -d C_11 ra 'INrvu IPrhruullrnhon, IFN rviu:riinmpp 64:rand lrll?1&Iityr rar V. uru mw 7PNeed I ?91Mea;;rms lldeit rn'arxlh or vll uolfi ",v In r ww Prymnd'ra duuul la Ila.&m. 1. Scroll down to find the information you need to fill in on the Community Demographics form. All applicants must list the population by RACE, as highlighted in this example. Note: The Hispanic and race percentages (seen in the right-hand column in the image here) can be multiplied by the number of persons (Item #1 in the Community Demographics form) to calculate the Hispanic and Race Populations breakdown, should you be using more current population data than shown. 2. Back under 2015 American Community Survey, select Demographic and Housing Estimates. Click on "Sex and Age, Race, Hispanic Origin, Housing Units... 3. Scroll down near the bottom to "RACE and HISPANIC OR LATINO AND RACE" to find the applicable data. 33 Geography: �,ILarmleroLurcy Washursgpar ~a..1 PAC= Tralal goprulai Qlre race 4 t_- 5 ack rnr A9'rIIC91r Amalrlr:er Arrprl ani incdar;. anno A13EIC3 M31JVe uArmeh.'aln ird ar„ srpedlred[1] Alaska crake., epie.aPPied p'll 520 Amr_rfr,3 a Irdllsn arad Atl; a N,3UV , epRrglh d ill] Ame r1car I ndl,e r V5r AJ sake Pkl UEg rat epaollmlea .Iar Pka0va HAwaWar, 3,nd II aliarlvlwlr f"onli1e Ounefr Rac'. Trwrs au" 9lbr re R 31eE 7w'.a rames'dmltr Sim)- Clhpr fare Torr, rates twt7LmautSame Other Rw; Tire: cc I'TI9ra-raGee %flirt Sorrle CVar RaceTBJ1.Wa d@ IITare rarer wdRXP out Go rlra Mtier Rao - HISPANIC CR IL.ATMiC rw!' ici Lailra t96anry m� Rupp�7 Rpsr curisn Omar HHoapaNl, Cr L31117,0 'pi Facts related 'x5,455 7:,r 1 1171 57.71,7 435; 11,1173 7b :5T 554. 111T ,.p4, I,,47T 41'a 1,909 24 93 APPENDICES Eligible CDBG Public Services Activities ■ Federal Regulation Excerpt Notice ■ Public Services Definitions and Codes ■ Eligible and Ineligible 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 Application Process Feedback Form 34 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.) 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. 35 Code Type of Services and Definition 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. 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 subrecipient) 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. IM Code Type of Services and Definition 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 subrecipient 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. 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). 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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. Assess Demographics. Review local demographic data to determine if it is reasonable to expect a significant number of non-English speaking residents to participate in the public hearing. Advertise and conduct the public hearing in accordance with this assessment. 2. Develop and Publish Notice. Publish an official announcement of the hearing, providing reasonable advance notice. A sample public hearing notice with required language is provided on page 48. 3. Conduct Hearing. 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. At the hearing, distribute the CDBG handouts on the availability and eligible uses of CDBG funds, and the CDBG citizen participation regulations at the public hearing. CDBG public hearing handouts are provided on page 51-53. Spanish versions of the handouts are available on page 55-57. 4. Adopt Grievance Procedure. Adopt a grievance procedure for the use of CDBG funds. 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 grievance procedure is provided on page 49. 5. Document Citizen Participation. Complete and submit the Citizen Participation Documentation form with all necessary public hearing documentation as part of your CDBG application. 41 CITIZEN PARTICIPATION REQUIREMENTS INFORMATION A. 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. The comments received go into the public record. A public hearing may be held as part of a regularly scheduled public meeting, but do not assume a regular council or board meeting automatically meets the public hearing requirement. B. Meeting the Needs of Non-English Speaking Residents 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. If the result is over 10% for any single language, then additional outreach and additional accommodations are necessary as described in the Citizen Participation Documentation form and sample Public Hearing Notice to encourage participation from non-English speaking residents. Of the 17 counties proposed to receive a 2018 CDBG Public Services Grant, only the following counties show over 10% of the population speaks English "less than very well". This information is based on Table Number DP02 "Selected Social Characteristics in the US 2012-2016 American Community Survey 5 -Year Estimates", "Language Spoken at Home" section. 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 County Language Percentage Grant County Spanish 17.0% Yakima County Spanish 15.6% C. Public Hearing Notice When must the advance notice be made? A legal notice is generally published at least two weeks before 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. If it meets the local notice requirements, the hearing notice can be on an official on-line source. 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 45. D. Public Hearing Logistics What must the CDBG hearing cover? — The purpose of the hearing is to obtain citizens' views and respond to proposals and questions. The hearing must cover community development and housing needs as well as the availability of CDBG funds. This purpose is supported by distributing the required CDBG handouts. Distributing additional materials describing the proposed project(s) is advisable. Spanish versions of the handouts are available on page 51-52. 42 Who must conduct the hearing? — The applicant county must conduct the hearing. Although some applications are developed by potential subrecipients such as 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. � 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 proposal's Work Plan and can be conducted at the same time as the new public hearing (see item #5 of the sample public hearing notice). Also if funded, a public hearing would be required if activities are proposed to be added, deleted or substantially changed from the original proposal. E. 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. An existing Grievance Procedure may be submitted with the application. A sample grievance procedure is included on page 47. 43 SAMPLE PUBLIC HEARING NOTICE (FOR CDBG PUBLIC SERVICES GRANT ONLY) The following six clauses meet CDBG public hearing notice requirements to both closeout the 2016 CDBG contract and apply for 2018 CDBG funding. 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 possible to coordinate these citizen participation and public hearing requirements so that one hearing covers multiple applications. If the local government's assessment of demographic data shows there is a significant population of non- English speaking residents (see the Citizen Participation Documentation form), then select the applicable accommodation clause below and publicize this notice also in the alternative language. 1) Logistics Clause: NOTICE IS HEREBY GIVEN that a public hearing will be held by the (WhereMhen) (county board of commissioners) in the (council chambers/hearing room), (location), on (date and time). 2) 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. 3) Funding Clause: $(enter total grant amount) is proposed to be available annually to the (describing the county and the (subrecipient name) to fund public services that principally availability of benefit low- and moderate -income persons. CDBG funds and eligible uses) 4) 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). 5) 2017 contract Comments on the county's and community action program's past closeout clause: performance and use of their 2017 CDBG Public Services Grant will also be received. 6) Accommodation Option A — for standard use Clause: (select the applicable The (council chambers/hearing room) is handicap accessible. option based on Arrangements to reasonably accommodate special needs, including the assessment handicap accessibility or interpreter, will be made upon receiving 24-hour in your Citizen advance notice. Contact (name) at (number, location). Participation Option B — use when significant number of non-English speaking residents A (insert alternate language) interpreter will be available. The (council Documentation form) chambers/hearing room) is handicap accessible. Additional arrangements to reasonably accommodate special needs will be made upon receiving 24-hour advance notice. Contact (name) at (number, location). 45 SAMPLE GRIEVANCE PROCEDURE 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 laws. 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 Grievance Procedure does not meet this requirement. 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. ME ➢ The complaint will be heard and discussed by the governing, elected body at an open, public meeting. A written decision will be made within 30 working days. The decision of the governing body is final. 3. A record of action taken on each complaint will be maintained as a part of the records or minutes at each level of the grievance process. Adopted this Attest: day of 12018. (Signature of Chief Administrative Officer) (Title) 47 Department of Commerce T T'IIT L j':rU11POE G11AN1P'"T $9,000,000 For planning or construction of public infrastructure, community facilities, affordable housing, and economic development projects. Competitive. Maximum grant up to $750,000 based on project type. Application materials available in March and due in June. ECONOMIC 0F1'T'0RTj.)hHTY GRANTS $1,000,000 For state and local priority projects resulting in economic resilience and development in rural communities. Competitive. Application materials available in July and accepted after the state Capital Budget is approved. I IOUSING TIIITl°°III NCEMEIII" T GRANTS CD OUR CORE jtj.j T TT Grow and improve jobs in Washington State by championing thriving communities, a prosperous economy, and .suitable infrastructure.. CD PROGIRAM T TAT T"'IIP Kaaren Roe Section Manager Local Government Division 360,725.3018 kaarern.roc,@cornrn erce.wa.grsv $200,000 TLDI IBIIILIIIP°T GL11 DELI NIIES: For off-site infrastructure or the community facility component of a state Housing Trust Fund project. Competitive. Maximum grant generally $200,000. Application materials available in July and accepted with a HTF Stage 2 application. jsj.IBUIT SERVICT""".w GRANI'T $1,500,000 For 17 counties and community action agencies to fund new or expanded services for lower income persons. Allocated by formula based on population and poverty. Application materials available in February and due in April. I..IIT NAM)NAL OBJECTIVES CDBG CDBG project activities must meet one of three HUD National Objectives: ■ Principally benefits low -and moderate -income (LMI) persons • Aids in the prevention or elimination of slums or blight • Addresses imminent threat to public health or safety 49 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. 10:11 PlUrn Street St., Olympia, WA 98'1j04 r.tiamnra rr.i. +na,r r,uv/cclbg 1/10/18 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. �,, Department of Commerce ;a ELAS DE PROPOSITO GENERAL $9,000,000 Para planeamiento o construccion de infraestructura publica, facilidades comunitarias, viviendas economicas o proyectos de desarrollo economico. Competitivo. EI maximo de becas Ilega hasta $750,000 basado en el tipo de proyecto. Las solicitudes estan disponibles en Marzo y son recibidos en Junio. BECAS DE OPORTUNMADES ECONWICAS $1,000,000 Para proyectos de desarrollo economico de prioridad estatal y local que promueva comunidades rurales vibrantes. Las solicitudes son aceptadas mientras haya fondos disponibles. BECAS DE MEJORAMIENTO OCHE. I aENOC'')AS $200,000 Para infraestructura externa o el componente del proyecto de facilidad comunitaria del fondo de vivienda del estado. Las solicitudes son aceptadas mientras hayan fondos disponibles. Competitivo. EI maximo de becas es generalmente de $200,000. EI material de solicitud esta disponible en Julio y aceptado con una solicitud de del HTF Etapa 2. ELAS DE SERVICIO PUBUCO $1,500,000 Para proveer fondos a agencias de condados y action comunitaria que expandan sus servicios y ofrezcan servicios nuevos a personas de bajos recursos. La solicitud esta disponible en Febrero para ser recibidos en Abril. HUD OBJETWOS I ACID AID..IES Los proyectos del CDBG deben cumplir con los tres Objetivos Nationales del HUD: ■ Principalmente debe beneficiar personas de ingreso bajo o moderado ■ Ayuda a la prevention o elimination de la pobreza o contamination • Trata las amenazas inminentes a la salud y seguridad del publico 51 OUR CORE PURPOSE Grow and improve jobs in Washington State by championing thriving communities, a prosperous economy, and suitable infrastructure. HYFT QTR ATDION OTE CONTACTO Kaaren Roe, Director de Programa Division del Gobierno Local 360.725.3018 kaaren.roe@commerce.wa.gov IDI E TIVAS DE EEE ID ILI AD DIE L.A CDBG: E 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. Distritos con proposito especial, autoridades publicas de vivienda, agencias de action comunitaria, concilios de desarrollo economico, otras organizaciones con fines no pecuniarios y tribus de indios no son elegibles para solicitar directamente al programa del CDBG del estado para obtener fondos, pero pueden ser patrocinadores en proyectos y ser sub- recipientes con una ciudad/pueblo o condado que to solicite. 1.01.1. Plurn Stu eet SE, Olympia, WA 98504 ht �`,nr r r.orrimrrcr Ara. nvludlrh'a. 1/10/18 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. EI 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 52 SUBRECIPIENT AGREEMENT BETWEEN <Name of County> AND THE <Name of Subrecipient> This Agreement is made between called the Local Government) and forthe <insert name of the local government CDBG recipient> (herein <insert name of subrecipient> (herein called Subrecipient) project (herein called the Project). 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 projects under the Washington State Community Development Block Grant (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 18-62210-OXX (CFDA 14.228), to fund the Project with Federal Award Identification Number B -18 -DC -53-0001; 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: SCOPE OF SERVICES 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. <If the Local Government is responsible for project implementation beyond administration, include the following paragraph.> The Local Government is responsible for completing the following tasks to accomplish the objectives of the Project: Principal Tasks B. Subrecipient Responsibilities The Subrecipient will complete in a satisfactory and proper manner as determined by the Local Government the following <or reference as attached> tasks to accomplish the objectives of the Project. The Subrecipient will periodically meet with the Local Government to review the status of these tasks. Principal Tasks TIME OF PERFORMANCE The effective date of this Agreement will be the date the parties sign and complete execution of this agreement and will be in effect for the time period during which the Subrecipient remains in control of CDBG funds or other CDBG assets. 53 AGREEMENT REPRESENTATIVES Each party to this Agreement shall have a representative. Each party may change its representative upon providing written notice to the other party. The parties' representatives are as follows: A. Subrecipient: Name of Representative: Mailing Address: City, State and Zip Code: Telephone Number: Fax: E-mail Address: B. Local Government: Name of Representative: Title: Mailing Address: City, State and Zip Code: Telephone Number: Fax Number: E-mail Address: 4. BUDGET The Local Government will pass through to the Subrecipient no more than $ in CDBG funds for eligible incurred costs and expenses for the Project according to the following budget. Project Budget Element Budgeted Amount Indirect Cost Rate: _% Federally Approved Indirect Rate, or 10% de minimis rate, or fill out "N/A" declining to charge indirect The Local Government may require a more detailed budget breakdown, and the Subrecipient will provide such supplementary budget information in a timely fashion in the form and content prescribed by the Local Government. Indirect Cost Rate if the Subrecipient chooses to charge Indirect under this grant, the Subrecipient shall provide their indirect cost rate that has been negotiated between their entity and the Federal Government. If no such rate exists, a de minimis indirect cost rate of 10% of modified total direct costs (MTDC) will be used. "Modified Total Direct Costs (MTDC)" shall mean all direct salaries and wages, applicable fringe benefits, materials and supplies, services, travel, and up to the first $25,000 of each subaward (regardless of the period of performance of the subawards under the award). MTDC excludes equipment, capital expenditures, and rental costs. Any amendments to this Agreement's 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. PAYMENT The Local Government shall reimburse the Subrecipient in accordance with the payment procedures outlined in the CDBG Management Handbook, Financial Management Section for all allowable expenses agreed upon by the parties to complete the Scope of Service. 54 Reimbursement under this Agreement will be based on billings, supported by appropriate documentation of costs actually incurred. It is expressly understood that claims for reimbursement will not be submitted in excess of actual, immediate cash requirements necessary to carry out the purposes of the agreement. Funds available under this Agreement will be utilized to supplement rather than supplant funds otherwise available. It is understood that this Agreement is funded in whole or in part with CDBG funds through the Washington State CDBG Program as administered by Commerce and is subject to those regulations and restrictions normally associated with federally -funded programs and any other requirements that the State may prescribe. PERFORMANCE MONITORING The Local Government will monitor the performance of the Subrecipient 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. SPECIAL CONDITIONS -Optional [This section of the Agreement can be used by the Local Government to include special conditions specific to the particular activity or individual Subrecipient.] GENERAL CONDITIONS A. General Compliance The Subrecipient agrees to comply with: • The requirements of Title 24 of the Code of Federal regulations, 570 (HUD regulations concerning CDBG); and • All other applicable Federal, State and Local laws, regulations, and policies, governing the funds provided under this Agreement. B. CDBG National Objective The Subrecipient certifies the activities carried out under this Agreement meet a CDBG Program National Objective defined in 24 CFR 570.208. C. Independent Contractor Nothing contained in this Agreement is intended to, or will be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Subrecipient will at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Local Government will 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 will 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. 55 E. Workers' Compensation The Subrecipient will provide Workers' Compensation Insurance Coverage for all of its employees involved in the performance of this Agreement. Insurance and Bonding The Subrecipient will carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum will purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the Local Government. [The Local Government should insert the required insurance requirements needed from the Subrecipient:] The Subrecipient shall furnish the Local Government with properly executed certificate of insurance or a signed policy endorsement which shall clearly evidence all insurance required in this section prior to commencement of services. The certificates will, at a minimum, list limits of liability and coverage. The certificate will provide that the underlying insurance contract will not be cancelled or allowed to expire except on thirty (30) days prior written notice to the Local Government. G. Funding Source Recognition The Subrecipient will 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 will be prominently labeled as to funding source. In addition, the Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. H. Amendments The Local Government or Subrecipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Local Government's governing body. Such amendments will 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 2 CFR 200.338-9, 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: 1. 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; 2. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement. 3. Ineffective of improper use of funds provided under this Agreement; or 4. Submission by the Subrecipient to the Local Government of reports that are incorrect or incomplete in any material respect. In accordance with 2 CFR 200.339, this Agreement may also be terminated 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. ADMINISTRATIVE REQUIREMENTS A. Financial Management 1. Accounting Standards The Subrecipient agrees to comply with 2 CFR 200 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 will administer its program in conformance with 2 CFR 200. These principles will 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 will 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 and those records described in the CDBG Management Handbook. Such records will 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 2 CFR 200.333; g. Labor standards records required to document compliance with the Davis Bacon Act, the provisions of the Contract Work Hours and Safety Standards Act, and all other applicable Federal, State and Local laws and regulations applicable to CDBG-funded construction projects; and h. Other records necessary to document compliance with Subpart K of 24 CFR 570. Access to Records and Retention The grantee, the Washington State Department of Commerce, and other authorized representatives of the state and federal governments shall have access to any books, documents, papers and records of the Subrecipient that are directly pertinent to this Agreement for the purposes of making audit, examination, excerpts and transcriptions. All such records and all other records pertinent to this Agreement and work undertaken under this Agreement will be retained by the Subrecipient for a period of six years after final audit of the Local Government's CDBG project, unless a longer period is required to resolve audit findings or litigation. In such cases, the Local Government will request a longer period of record retention. 3. Audits and Inspections All Subrecipient records with respect to any matters covered by this Agreement will be made available to the Local Government, Commerce, and duly authorized officials of the state and 57 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 that expends $750,000 or more in a fiscal year in federal funds from all sources hereby agrees to have an annual agency audit conducted in accordance with current Local Government policy concerning Subrecipient audits and 2 CRF 200.501. The Catalog of Federal Domestic Assistance (CFDA) number is 14.228. C. Reporting 1. Program Income The Subrecipient will 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 will 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, will 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 will be in compliance with the requirements of 2 CFR 200.311 and 313, 24 CFR 570.502, 570.503, 570.504, as applicable, which include but are not limited to the following: 1. The Subrecipient will 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. 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 will 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 CDBG-assisted real property in a manner that meets a CDBG National Objective for this 10 -year period of time, the Subrecipient will 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 will 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 will be program income. Equipment not needed by the Subrecipient for activities under this Agreement will 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. 10. PERSONNEL AND 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 will, 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 will 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 will 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 will, 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 will, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity. B. Section 3 of the Housing and Community Development Act of 1968 Compliance in the Provision of Training, Employment, and Business Opportunities: 1. The work to be performed under this agreement is on a project assisted under a program providing direct federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower-income residents of the project area; and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part, by persons residing in the area of the project. 2. The parties to this contract will comply with the provisions of said Section 3 and the regulations set forth in 24 CFR 135, and all applicable rules and orders of HUD and Commerce issued thereunder 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 will 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 01 subcontractor is in violation of regulations issued by the Secretary of HUD, 24 CFR 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 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 135, and all applicable rules and orders of HUD and Commerce issued hereunder prior to the execution of the contract, will 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 will 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 135. C. Conduct 1. Assignability The Subrecipient will 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 will 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, will have any personal financial interest, direct or indirect, in this Agreement; and the Subrecipient will take appropriate steps to assure compliance. The Subrecipient agrees to abide by the provisions of 2 CFR 200.318 and 24 CFR 570.611, which includes maintaining a written code or standards of conduct that will govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. The Subrecipient covenants that its employees have no interest and will 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 will 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. Where the lower tier contractor is unable to certify to any of the statements in this contract, such contractor will attach an explanation to this contract. 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 570.200(j), such as worship, religious instruction, or prose lytization. 11. SEVERABILITY If any provision of this Agreement is held invalid, the remainder of this Agreement will not be affected thereby and all other parts of this Agreement will nevertheless be in full force and effect. 12. 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 will not constitute a waiver of such right or provision. 13. 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 communications and proposals, whether electronic, oral, or written between the Local Government and the Subrecipient with respect to this Agreement. [OPTIONAL: The attachments to this Agreement are identified as follows:] IN WITNESS WHEREOF, the Local Government and the Subrecipient have executed this Agreement as of the date and year last written below. <Name of County> <Name of Subrecipient> By: By: Title: Title: Date: Date: Approved As To Form: Attorney 61 Application Process Feedback Form Please Give Us Your Feedback The following questions are intended to help us improve our application process. Please indicate your agreement/disagreement with the following statements. Your responses will not impact the evaluation of your application in any way. Please circle one of the numbers below each statement to indicate your response, using the following scale, to show how much you agree with the statement. 1: Strongly Disagree 2: Disagree 3: Neither Agree Nor Disagree 4: Agree 5: Strongly Agree 1. The application instructions were clear. 1 2 3 4 5 2. The application questions were easily understood. 1 2 3 4 5 3. 1 was able to receive the assistance I needed from Commerce to complete the application. 1 2 3 4 5 4. 1 had adequate time to prepare the application prior to the deadline. 1 2 3 4 5 5. Given program requirements, the application process was reasonable. 1 2 3 4 5 6. Comments: 63