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I(e.~ il \10\0'8' cfr _ STATE OF WASHINGTON County of Jefferson In the Matter of: Certification of Compliance for CDBG Public Services Grant } } } RESOLUTION NO. 73-08 WHEREAS, Jefferson County is applying to the State Department of Community, Trade and Economic Development for funding assistance; and, WHEREAS, it is necessary that certain conditions be met as part of the application; and, WHEREAS, Philip Morley, County Administrator, is authorized to submit this application to the State of Washington, on behalf of Jefferson County; and, NOW, THEREFORE, BE IT RESOL VED, that the Board of Jefferson County Commissioners authorizes submission of this application to the State Department of Community, Trade and Economic Development to request $142,948.00 to fund public service activities in coordination with the Olympic Community Action Programs, and certifies that, if funded, it: ~ Will comply with applicable provisions of Title I of the Housing and Community Development Act of 1974, as amended and other applicable State and federal laws; ~ Has provided opportunities for citizen participation comparable to the State's requirements (those described in Section 104(a)(2)(3) ofthe Housing and Community Development Act of 1974, as amended); has complied with all public hearing requirements and provided citizens, especially low- and moderate-income persons, with reasonable advance notice of, and the opportunity to present their views during the assessment of community development and housing needs, during the review of available funding and eligible activities, and on the proposed activities; ~ Has provided technical assistance to citizens and groups representative of low- and moderate-income persons that request assistance in developing proposals; ~ Will provide opportunities for citizens to review and comment on proposed changes in the funded project and program performance; ~ Will not use assessments against properties owned and occupied by low- and moderate- income persons or charge user fees to recover the capital costs ofCDBG.funded public improvements from low- and moderate-income owner-occupants; ~ Will establish a plan to minimize displacement as a result of activities assisted with CDBG funds; and assist persons actually displaced as a result of such activities, as provided in the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended; Page 1 of2 RESOLUTION NO. 73-08 re: Certification of Compliance for CDBG Public Services Grant ~ Will conduct and administer its program in conformance with Title VI of the Civil Rights Act of 1964 and the Fair Housing Act, and will affirmatively further fair housing, (Title VIII of the Civil Rights Act of 1968); and ~ Has adopted and enforce a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations; and has adopted and implemented a policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such nonviolent civil rights demonstrations within its jurisdiction, in accordance with Section 1 04( 1) of the Title I of the Housing and Community Development Act of 1974, as amended; and ~ Will provide, upon request, and prior to any obligation of funds being made, a complete and accurate CDBG Federal Funds Disclosure Report detailing the required applicant/grantee information, and as appropriate other government assistance provided or applied for, interested parties and expected sources, and uses of funds. BE IT FINALLY RESOL VED, that the Board of Jefferson County Commissioners, designates the County Administrator, as the authorized Chief Administrative Official and authorized representative to act in all official matters in connection with this application and Jefferson County's participation in the Washington State CDBG Program. 10th d f November ayo 2008. JEFFERSON COUNTY BOARD OF COMMISSIONERS ~ CY1lC I ../~p~ David Sullivan, Member Jo~tm~ Julie Matthes, CMC Deputy Clerk of the Board Page 2 of2 o :J :J..... -Ol :J '<" en CD r- s:::: r S::::!. ~ -:J - "'tJCC "'CCDtxJ CD Ul CD CiJ 0 :J o :J CD :Jen::!! en _ -t o I\) o o <Xl "U c: 2: c:r en CD < (';- CD (J) G) ii3 ::::l - t... o 0" r ~ -I OJ :J en "'C o :4- Ol ..... er :J ::r: o 3 CD o Ol (i3 ..... ~. :J :J co ::r: CD Ol 0. 00 ..... Ol :4- r ::r: m )> "'U )> "0 "Q. o. Dl - c5" ::::l I Dl ::::l C- C- O O:J ~ :J..... -Ol '<" CD r ~ "'C:J CD..... CiJ Ol 0" :J CD en 0 o .., :Jm '<;; o r ~ :J ..... 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IT) JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners John Fischbach, County Administrator DATE: November 10,2008 SUBJECT: HEARING re: Community Development Block Grant (CDBG) Application; 2009 Public Service Grant and Close Out of the 2008 Public Service Grant; Olympic Community Action Programs (OlyCAP) STATEMENT OF ISSUE: OlyCAP, a non-profit organization, has requested that the County continue to work with them to administer a CDBG Grant from CTED. The State requires a governmental agency to receive the funds. ANALYSIS: In 1998, Jefferson County and OlyCAP entered into an agreement (F-98-74098-047) with CTED for a CDBG Grant to provide essential services to low-income clients in Jefferson County. A grant application is submitted annually in order to continue funding. This public hearing is required for the Board to take comments on the new grant proposal and on the activities from the previous year in order to close out the 2007 grant. The Board signed the hearing notice on the CDBG Grant closeout on October 27 and it was advertised in The Leader on October 29 and November 5. FISCAL IMPACT: The County receives $3,000. RECOMMENDATION: After receiving testimony at the public hearing, it is recommended that the Board approve the resolution in the matter of certification of compliance for the CDBG Public Services Grant which also designates the County Administrator as the authorized Chief Administrative Official to act in all official matters in connection with this application and Jefferson County's participation in the CDBG Program. REVIEWED BY: ~ Date O. CTED I Community, Trade and . . Economic Development Community Development Block Grant (CDBG) 2009 Public Services Grant Application Handbook September 2008 Juli Wilkerson Director Due Date: November 13,2009 WASHINGTON STATE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 2009 PUBLIC SERVICES GRANT APPLICATION HANDBOOK Karen Larkin Assistant Director Local Government Division Bill Cole Managing Director Community Development Programs Kaaren Roe Program Lead (360) 725-3018 kaarenr@cted.wa.oov Janice Roderick Project Manager (360) 725-3013 ianicer@cted.wa.oov Julie Baker Project Manager (360) 725.3010 iulieb@cted.wa.oov Janea Eddy Administrative Assistant (360) 725-3006 ianeae@cted.wa.aov Bill Prentice Project Manager (360) 725.3015 billp@cted.wa.oov Laurie Dschaak Contract Assistant (360) 725-5020 lauried@cted.wa.oov State of Washington Department of Community, Trade and Economic Development Post Office Box 42525, 128 - 10th Avenue SW, Olympia, WA 98504-2525 Telephone: (360) 725-3019 Fax: (360) 586-4162 TDD: (360) 586-4224 www.cted.wa.oov/cdbo TABLE OF CONTENTS GENERAL APPLICATION INFORMATION ................................................ 1 2009 CDBG Public Service Contract Amounts .......................................................... 3 General Application Information............ ....... ................... .................. ...... ........ ........... 5 Roles and Responsibilities. ....................... .... ... ................................. ........................ 5 Application and Contract Time Frame....................................................................... 6 Submittal Instructions. ......... ............ ................. ...................... ......... ....... .... ......... ....... 6 Definitions.................................................................................................................. 7 Eligible Activities....................................................................................................... 7 Ineligible Activities.... .................... ........ ..... ......... ............ ...... .... .............. .............. ...... 7 APPLICATION FORMS............................................................................... 9 Project Summary and Instructions ......................................................................... 11 Project Description and LMI Benefit Table & Instructions ....................................... 15 FEDERAL REQUIREMENTS AND FORMS ..............................................17 Documentation of Citizen Participation Conducted.................................................. 19 Sample Public Hearing Notice................................................................................. 21 Outreach and Accommodation for non-English Speaking Residents Form .............23 Public Hearing Handout: Federal Citizen Participation Requirements ..................... 25 Public Hearing Handout: CDBG Program Factsheet ............................................... 27 Sample Grievance Procedure.. ............... ......... ........... ......................... .................... 29 Resolution with Certifications of Compliance and Instructions................................. 31 Applicant/Recipient Disclosure/Update Report .. ...... ......... .......... ..... ........ ................ 35 Title VI Certification....... ................................. ..... .............. ......... ........ ..... ................. 39 APPENDiCES............................................................................................ .41 2008 Income Limits. ........... .................... ....................... ............................. .............. 43 Legal Reference to Eligibility Activities..................................................................... 49 Sample Subrecipient Agreement............................................................................. 51 CDBG and CSBG Allocations 2006-2009................................................................63 GENERAL APPLICATION INFORMATION This section contains details on funding levels, basic eligibility, and tips to help you make certain your submittal is complete. . 2009 CDBG Public Services Contract Amounts . General Application Information . Roles and Responsibilities . Application and Contract Time Frame . Submittal Instructions . Definitions . Eligible Activities . Ineligible Activities All materials are available on our website at www.cted.wa.qov/cdbq. If you need an electronic form please call (360) 725-3019 or email: cdpsupport@cted.wa.gov. 2008 Public Services Grant Application Handbook September 2008 2008 Public Services Grant Application Handbook 2 September 2008 2009 COBG PUBLIC SERVICE CONTRACT AMOUNTS COUNTYI CONTRACT # SUBRECIPIENT COMMUNITY ACTION AGENCY COUNTY ADMIN CAA TOTAL CDBG TOTAL Asotin Community Action Partnership $3,000.00 $37,600 $40,600 09-64009-001 Grant North Columbia CAC $3,000.00 $164,427 $167,427 09-64009-002 Grays Harbor Coastal Community Action Program $3,000.00 $162,743 $165,743 09-64009-003 Jefferson Olympic Community Action Programs $3,000.00 $139,948 $142,948 09-64009-004 Kittitas HopeSource $3,000.00 $107,965 $110,965 09-64009-005 Okanogan Okanogan County CAC $3,000.00 $123,315 $126,315 09-64009-006 Skamania Washington Gorge Action Programs $3,000.00 $103,265 $106,265 09-64009-007 Stevens NE WA Rural Resources $3,000.00 $129,664 $132,664 09-64009-008 Development Assn. Thurston CAC of Lewis, Mason & Thurston $3,000.00 $114,496 $117,496 09-64009-009 Counties Walla Walla Blue Mountain Action Council $3,000.00 $129,524 $132,524 09-64009-010 Whitman Community Action Center $3,000.00 $122,968 $125,968 09-64009-011 Yakima Yakima Valley Farm Workers Clinic $3,000.00 $185,697 $188,697 09-64009-012 Northwest Community Action Center TOTALS $36,000 $1,521,612 $1,557,612 2008 Public Services Grant Application Handbook 3 September 2008 2008 Public Services Grant Application Handbook 4 September 2008 GENERAL APPLICATION INFORMATION ROLES AND RESPONSIBILITIES Counties must coordinate with Community Action Agencies (CAAs), the subrecipients of CDBG Public Services Grants, to complete this application. A fully executed subrecipient agreement is needed to release 2009 CDBG funds. FORMS AND REQUIREMENTS COUNTY AND COMMUNITY ACTION COMMISSIONERS AGENCY Project Summary Review and sign Complete with county Project Description/Low- and Moderate- Review Complete Income Benefit Table Citizen Participation Advertise and conduct public Share public hearing hearing, and distribute notice with . Copy of the published public hearing handouts stakeholders and notice or an affidavit of publication attend hearing . Public hearing minutes . Outreach and Accommodation Form . Grievance Procedure Resolution with Certifications of Complete and adopt Compliance Disclosure Report Disclose all 2009 HUD funds Assist in completion received by County, sign Title VI Certification Complete and sign Subrecipient Agreement Complete with CAA and sign Complete with County before first request for 2009 before first request for funds 2009 funds NOTE: The county receives the COBG award. The chief administrative official or the county official designated in the Certification of Compliance must sign these forms. 2008 Public Services Grant Application Handbook 5 September 2008 APPLICATION AND CONTRA~ ~T TIME FRAME PARTY ACTION ITEM DATE CTED Distribute application handbooks to county a tldCM 9/18/08 County/CM Send application documentation to CDBG 11/13/08 or earlier CTED Send contracts to counties for signature 12/1/08 County Sign and return contract and signature autho ization form to CTED. 1/15/09 or I earlier CTED Sign and return fully executed contract to COl nty. 1 /30/09 County/CM Funds can be drawn once the contract and tt e subrecipient agreement are fully executed. NOTE: All dates are contingent upon receipt of a complete ap blication by the November 13, 2008 due date. SUBMITTAL INSTRUCTIONS Submit ONE application with original signature on the Project ~ ummary to: Attn. Laurie Dschaak I Department of Community, Trade and EconomiC Develo~ment (CTED) 128 10th Avenue SW I PO Box 42525 I Olympia, WA 98504-2525 2008 Public Services Grant Application Handbook 6 September 2008 DEFINITIONS CDBG Eliaible Public Services - A new or increased/improved level of direct services for CDBG eligible clients. CDBG Eliaible Clients - People whose incomes meet low to moderate income (LMI) standards according to 2008 Income Limits in the appendix or who are in one of the HUD-defined groups presumed to be LMI. See instructions to the Project Description and LMI Benefit Table in this application for more information. Direct Service - An activity resulting in a direct benefit to an eligible client. This does not include income payments. Emergency vouchers paid to a third party for no more than three consecutive months may be eligible. Eliqible Costs - . Direct costs: Program staff salaries/benefits, including supervisory staff directly involved in the management of the public service program. Staff must sign and supervisors must approve time sheets linking actual time worked on each service activity to fund source. . Indirect costs: Indirect costs as allocated in the CM's cost allocation plan such as the portion of costs established for operating and maintaining the space in which the service is located. The cost allocation plan must be applied equitably and demonstrate the cost of providing the service. New Service - A client service that was not offered by the CM in 2008. Increased Level of Service - A quantifiable increase in the number of persons served; an expansion of the type of clientele; changes to service delivery measurably improving quality; or an addition of new locations or removal of barriers to access. ELIGIBLE ACTIVITIES CDBG funds must be used to support new or increased levels of eligible for eligible clients. A complete list of CDBG-eligible activities can be found in the excerpt of the Code of Federal Regulations: Title 24- Housing and Urban Development, Chapter V, Part 570, C, Section 570.201 in the attachments to this application. INELIGIBLE ACTIVITIES In general, any activity not described above is not eligible. Specifically, Public Services Grants cannot fund: 1. Activities and administrative costs eligible under another CDBG fund, such as: . Planning and community organization, not directly linked to the implementation of an eligible public service . Housing rehabilitation . Facility acquisition, construction or renovation 2. Administrative costs for the general management of the organization 3. Political activities and legislative advocacy or policy-related education 4. Direct payments to individuals for their food, clothing, utilities or other income payments. (Third-party payments are potentially eligible under an emergency basis. See Eligible Activities.) 5. New housing construction costs, including administration of new housing development programs Contact Julie Baker (360) 725-3010 or iulieb@cted.wa.qov if you have questions. Forms are available at www.cted.wa.Qov/cdbq under the Public Services Grant sidebar. 2008 Public Services Grant Application Handbook 7 September 2008 2008 Public Services Grant Application Handbook 8 September 2008 APPLICATION FORMS . CDBG Project Summary . Project Description and LMI Benefit Table 2008 Public Services Grant Application Handbook 9 September 2008 2008 Public Services Grant Application Handbook 10 September 2008 CDBG PROJECT SUMMARY 1. Grant Type: ~ Public Services Grant 2. Jurisdiction: Jefferson County Phone: 360-385-9383 Address - Mail: PO Box 1220 Fax: 360-385-9382 Address - Street: 1820 Jefferson 81. Tax ID Number: 91-6001322 City, Zip: Port Townsend 98368 County/Counties: Jefferson/Clallam Email: kbednarski{@co.iefferson.wa.us SWV Number: 3. Contact Person: Karen Bednarski Title: Grant Coordinator Address - Mail: PO Box 563 Phone: 360-385-9121 Address - Street: 1820 Jefferson 8t Fax: 360-385-9228 City, Zip: Port Townsend 98368 Email: kbednarski@co.iefferson.wa.us 4. Subrecipient: Olympic Community Action Programs Title: Executive Director Contact Person: Timothv Hockett Phone: 360-385-2571 Address - Mail: 803 W. Park Ave. Fax: 360-385-5185 Address - Street: 803 W. Park Ave. Organization Olympic Community Action Programs City, Zip: Port Townsend 98368 Category(s): Email: thockeUocv.olvcap.orQ 5. Fiscal Year: From: January 1,2009 To: December 31, 2009 6. State LeQislative District: 24th ConQressional District: 6th 7. Brief summary of CDBG funded services: To provide public services for low. and moderate-income persons in the counties listed in block number 2 above. 8. National Obiective: ~ Principally benefits low- and moderate-income persons or households. 9. Project Budget: CDBG $ 142,948 For accountability, please distribute funds CSBG $ 56,854 between fewer service programs. CDBG can fund direct service costs and indirect costs as allocated in a CM cost TOTAL $ 199,719 allocation plan. 10. Project Beneficiaries: # of Persons 39082 # of LM I Persons 39082 LMI PercentaQe: 100% # of Households 17125 # of LMI Households 17125 # of persons with new (N) access to services 750 # of persons with increased or improved (I) access to services 38,329 2008 Public Services Grant Application Handbook 11 September 2008 11 . How were the beneficiaries determined? r8] Limit d Clientele 12. Provide the census tract and block group number for the tain office of the subrecipient CM (necessary for HUO 1018 database) Census Tract Number: 9506.01 Census Block Number:16 13. Certification of Chief Administrative Official: 1~(9~~ ?~:(~ (-Cor(.e Print Name 2008 Public Services Grant Application Handbook 12 September 2008 COBG PROJECT SUMMARY INSTRUCTIONS The Project Summary should be the first page inside the cover of the application. 1. Predetermined 2. The tax Identification number is usually a "91_" number. If the county has a statewide vendor (SWV) number, it should be included on this form to receive payment of the grant. List all counties to be served by this grant. 3. Provide information on the person who will be the CTEO contact for the term of the COBG contract. 4. Provide information on any subrecipient organization that will benefit from the project or receive COBG funds as a pass through. 5. List the month and day of the applicant's fiscal year from beginning to end. 6. List the numbers of the state and congressional districts. 7. Predetermined 8. Predetermined 9. List the project budget. The COBG budget is the COBG award amount, including county administration. Use the Community Services Block Grant (CSBG) amount listed in the Award Allocation Table located in the attachments at the end of this application. 10. Provide the unduplicated number of people; people qualifying as LMI; households; and households qualifying as LMI who will benefit from the project. . ~ivide the number of LMI persons by the number of persons to calculate the LMI percentage. . Estimate the number of people who will have access to new services (N) and the number of people who will have increased or improved access to services (I). 11. Predetermined 12. List the census tract and block group for the main office of the subrecipient CM. You can find this information at www.factfinder.census.Qov/servlet/ReferenceMapFramesetServlet.Click Washington State and on the left side bar enter the address and use the colored legend to find the applicable tract and block group numbers. When these numbers are identified, HUO's LMI percentage data for that area can be found on the COBG website at: www.cted.wa.qov/cdbq. Click "About COBG" and scroll down to the middle of the page. Under the heading "Block Group and Census Tract Oata", locate your county and the applicable block groups and find the percentage for that block group. 13. The county's Chief Administrative Official or the county official designated in the Certification of Compliance must sign. An original signature must be submitted. 2008 Public Services Grant Application Handbook 13 September 2008 2008 Public Services Grant Application Handbook 14 September 2008 List all services that you may support with CDBG funds in 2009 Asset Building Program (N) = New I = Increase N Encore! Program N Home Fund L1HEAP Head Start HC Training Oral Health Center Community Action Agency N/A County Administration N/A I SUBMIT THIS FORM WITH THE APPLlCA T/ON ! c. Method for Ensuring Benefit To LMI Persons Income eligibility requirements limit the activity to LMI persons only. Income eligibility requirements limit the activity to LMI persons only. Income eligibility requirements limit the activity to LMI persons only. Income eligibility requirements limit the activity to LMI persons only. Income eligibility requirements limit the activity to LMI persons only. Income eligibility requirements limit the activity to LMI persons only. Income eligibility requirements limit the activity to LMI persons only. Community action agencies are mandated to address the root causes of poverty and help poor families and individuals retain or regain self- sufficiency. County administration activities are limited to activities necessary to administer the CDBG Public Services Grant in partnership with the local community action agency. $$139,948 $3,000 2008 Public Services Grant Application Handbook 15 September 2008 SU MIT THIS FORM WITH THE APPLlCA TION d for Ensuring Benefit To LMI Persons List all services that you may support with CDBG funds in 2009 NW Passage Transitional Housing (N) = New I = Increase I 'Income e igibility requirements limit the activity to LMI persons only. Holcomb House Income e igibility requirements limit the activity to LMI persons only. Hastings House Income e igibility requirements limit the activity to. LMI persons only. Crossroads Income e igibility requirements limit the activity to LMI persons only. Linkages N Income e igibility requirements limit the activity to LMI persons only. Senior Nutrition Long Term Care Income e igibility requirements limit the activity to, LMI persons only. Income eligibility requirements limit the activity to LMI persons only. 2008 Public Services Grant Application Handbook 16 September 2008 BENEFIT TABLE INSTRUCTIONS Public Services Grants must directly target services to lower income persons or benefit a limited number or specific group of people as long as at least 51 % of those served meet LMI standards. This approach for meeting the CDBG LMI National Objective is called Limited Clientele. Column A: List each activity or program to be assisted with CDBG funds. The name of the activity or program should communicate the type of service to be delivered. Ensure the proposed services are eligible based on the lists of eligible and ineligible public service activities found in the General Application Information section. Column B: CDBG funds are to support a new service or an increased/improved level of service. For each activity, list either N for NEW or I for INCREASED. See the definitions in the General Application Information section. Column C: Describe the method for ensuring a benefit to low- and moderate-income persons will be achieved. Under the HUD's Limited Clientele category, an activity provides a LMI benefit with the use of CDBG funds in the following ways: 1. If an activity exclusively targets persons in one of the HUD-defined special groups, it can be presumed to principally benefit LMI persons. These special groups include: · Abused children · Battered spouses · Elderly persons · Homeless persons · Persons living with AIDS · Illiterate persons · Migrant farm workers · Severely disabled adults 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 4. Be of such nature and location that it may reasonably be concluded that the activity's clientele will primarily be LMI persons. SAMPLES: Senior Meals Program I HUD Special Group: Seniors Home Care Training N Enrolls LMI Only Column D: List the total amount of CDBG awarded to the community action agency, as found in the CDBG Public Services Grant Contract Amounts. Budget detail for each service activity is not required, but must be detailed by back-up documentation with each 2009 CDBG reimbursement request. 2008 Public Services Grant Application Handbook 17 September 2008 l I I i I I I ! I I FEDERAL REQUIREM~NTS AND FORMS I . Documentation of Citizen Participatio Conducted . Sample Public Hearing Notice · Outreach and Accommodation for N n-English Speaking Residents Form . Federal Citizen Participation Require~ents . Public Hearing Handout . Sample Grievance Procedure . Resolution with Certifications of Com . Applicant/Recipient Disclosure/Upda . Title VI Certification All materials are available on our website: ww electronic form emailed to you, call (360) 725- 2008 Public Services Grant Application Handbook 18 September 2008 2008 Public Services Grant Application Handbook 19 September 2008 DOCUMENTATION OF CITIZEN PARTICIPATI N CONDUCTED 10111>81: Aft ./ A copy of the CDBG public hearing minutes, inclluding a s atement that the CDBG required handouts were distributed. : ./ A copy of the public hearing notice's affidavit of publicatio or a copy of the actual notice from the newspaper. ./ The Outreach & Accommodation for Non-English Speaking Residents Form. ./ A copy of the county's Grievance Procedure. (The count can re-submit the procedure used for its 2008 Public Services Grant.) I I To apply for CDBG funds, a local government must show it has involved its citizens in the CDBG application process and complied with the specific federal Citi~en participation requirements outlined in 24 CFR 570.486. These regulations are provided in the sam Ie handouts. These citizen participation activities inform the residents, local organizations that serve I w-income persons and the county decision makers of the availability of CDBG funds and provide the opp rtunity to present potential projects and input on proposed projects. I :..J HEL~F:uL work backw sufficient noti We recommend the community action agency provide the co nty its most current Community Needs Assessment for review at the public hearing to support the fu ding of new or increased services. i The required CDBG handouts are included in this handbook.JSpanish versions of these handouts are available upon request or from the CDBG website in the 200~ General Purpose Grant Application Handbook's Appendix B. I The 2008 Public Services Grant contracts are also approachi g their end. A public hearing that reviews the county's and community action agency's performance an use of CDBG funds is required as part of this contract's closeout process. Combining the public hearin requirements for the 2009 application and the 2008 closeout process into one public hearing is strongly ecommended. This can be accomplished by using the following sample Public Hearing Notice. 2008 Public Services Grant Application Handbook 20 September 2008 2008 Public Services Grant Application Handbook 21 September 2008 i I I i SAMPLE PUBLIC HEAR,I'G NOTICE (PUBLIC SERVICES GRANfVERSION) I Additional information can be added to these required clause J to meet specific local announcement needs and to encourage participation. i I I If a local government intends to apply for more than one type f CDBG grant during the same year, it is advisable to contact the CDBG office to discuss how to coord nate these citizen participation and public hearing requirements. Where/When: Basic Clause: Clause describing the availability of funds and eligible uses: Comment clause: Recommended 2008 contract closeout clause: Accommodation clause: For applicants who checked box C. in the Outreach and Accommodation Form. Or For applicants who checked box D. in the Outreach and Accommodation Form. NOTICE IS HEREBY GIVEN tha a Public Hearing will be held by the (city council/county board of co missioners) in the (council chambers/hearing room), (Iocati n), on (date and time). The purpose of the Public Heari g is to review community development and housing needs, inform citize s of the availability of funds and eligible uses of the state Community De elopment Block Grant (CDBG), and receive comments on proposed ctivities, particularly from low- and moderate-income persons and p rsons residing in the (name of area) area. Up to $ (enter amount to be awa ded) will be available to the (county name) and the (CAA name) to fund public service activities that principally benefit low- and mod rate-income persons. The draft application for the (pro ect name) proposal will be available for review at the (/ocation - govern ent office and/or library), (time and date). Comments may also be s bmitted in writing to (city/county), (time period). I Comments on the county's and qommunity action agency's past performance and use of their 20~8 CDBG Public Services Grant awards will also be received. I The (council chambers/hearing ~om) is handicap accessible. Arrangements to reasonably acc mmodate the needs of special classes of citizens, including handicap a cessibility or interpreter, will be made upon receiving twenty-four (24) our advance notice. Contact (name) at (number, location). I A (insert alternate language) int rpreter will be available. The (council chambers/hearing room) is hand cap accessible. Additional arrangements to reasonably acc mmodate special needs will be made upon receiving twenty-four (24) ours advance notice. Contact (name) at (number, location). 2008 Public Services Grant Application Handbook 22 September 2008 2008 Public Services Grant Application Handbook 23 September 2008 I I OUTREACH & ACCOMMODATION FOR NON-ENGLISH SPEAKING ~ESIDENTS FORM ! This form documents the local government's determination wether additional outreach and accommodations for local non-English speaking residents are required and lists the outreach steps and accommodations provided. The federal regulations state that "public hearings shall be conducted in a manner to meet the needs of non-English speaking residents here a significant number of non-English speaking residents can reasonably be expected to participate" To meet the CDBG requirements for outreach and accommodation for non-English speaking resid nts, the local government must: i Complete and submit this form with the application. I Properly advertise the public hearing (see the samPlelUbliC hearing notice's accommodation clause options), and Follow the public hearing notice by providing any nec ssary accommodations at the public hearing. ~ ~ ~ Significant Population - General guidance is if census data how more than 10 percent of the local government's population speaks English less than "very well" or if more than 10 percent of the project's targeted population speak English less than "very well," then i is reasonable to expect and encourage a significant number of non-English speaking residents to parti ipate. In such cases, special outreach and accommodations are recommended to inform this population f the opportunity to receive information on the CDBG Program and input on the proposed project and pa s B. and D. of this form should be implemented. Adams County Chelan County Douglas County Below is a list of counties where 2000 Census data $how that more than 10% of the jurisdiction's population speak Spanish as their principal language and als reported they speak English less than "very well." i i 22% Franklin co~nty 11 % Grant Count 10% Yakima Cou ty OUTREACH. Com lete either section A. or B. as a Iica Ie. 24% 14% 16% A. To document that targeted outreach to non-English s eaking residents was NOT necessary, check the box and provide any additional explanation D Data on local non-English speaking populations, inclu ing 2000 Census data, demonstrate it is NOT reasonable to expect a significant number of non English speaking residents to attend the CDBG public hearing. Explain below any local circumstances that contribute to your interpretation of the data: 2008 Public Services Grant Application Handbook 24 September 2008 If you were able to check the A. box above. YOU can skip portion B. and only complete C. B. To document the outreach steps taken when it was expected non-English speaking residents would participate in the public hearing, check the boxes that apply: o The COBG public hearing notice was advertised in an alternate language. o The COBG public hearing was announced on an alternate language radio or television station. o The COBG public hearing notice in an alternate language was posted in advance at the following locations to target the non-English speaking population: Location Oate Posted 1. 2. 3. 4. o Members of organizations and advocacy groups representing non-English speaking populations were invited to attend the CDBG public hearing. o Leaders and interested parties from the minority community were directly invited to attend the COBG public hearing. o Other: ACCOMMODATIONS - Complete either C. or D. as applicable C. For local governments where it was determined a significant number of non-English speaking residents were NOT expected to participate (A. box is checked above), the following minimum accommodation was made available: o The COBG public hearing notice states that arrangements to reasonably accommodate the needs of special classes of citizens, including handicap accessibility or interpreter, will be made upon advance notice request. Submit a copy of the affidavit of publication or a copy of the actual notice from the paper to document. D. For local governments where a significant number of non.English speaking residents were expected to participate (B. box is checked above), the following accommodations were all made: o The COBG public hearing notices state that an interpreter will be available (even without advance request). Submit a copy of the affidavit of publication or a copy of the actual notice from the paper; and o COBG public hearing handouts were available in the alternate language at the public hearing. Sample handouts in Spanish are available in Appendix B. o Other: 2008 Public Services Grant Application Handbook 25 September 2008 PUBLIC HEARING HANDOUT FEDERAL CITIZEN PARTICIPAT ON REQUIREMENTS FOR LOCAL GOVERNMENT APPLICANTS 0 THE STATE CDBG PROGRAM Federal Requlations 24 CFR 570.486 (a) I (a) Citizen participation requirements of a unit of generalloca government. Each unit of general local government shall meet the following requirements as req ired by the state at Sec. 91.115(e) of this title. (1) Provide for and encourage citizen participation, partic larly by low and moderate income persons who reside in slum or blighted areas and areas in whi h COBG funds are proposed to be used; (2) Ensure that citizens will be given reasonable and timel access to local meetings, information, and records relating to the unit of local government's prop sed and actual use of COBG funds; (3) Furnish citizens information, including but not limited t : (i) The amount of COBG funds expected to be m de available for the current fiscal year (including the grant and anticipated program in ome); (ii) The range of activities that may be undertaken with the COBG funds; (iii) The estimated amount of the COBG funds pro osed to be used for activities that will meet the national objective of benefit to low and mo erate income persons; and (iv) The proposed COBG activities likely to result i 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 f persons of low and moderate income that request assistance in developing proposals in accorddnce with the procedures developed by the state. Such assistance need not include providing fun~s to such groups; (5) Provide for a minimum of two public hearings, each at ia 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 ho sing needs, development of proposed activities and a review of program performance. The ublic hearings to cover community development and housing needs must be held before ubmission of an application to the state. There must be reasonable notice of the hearings and hey must be held at times and locations convenient to potential or actual beneficiarie$, with ac ommodations for the handicapped. Public hearings shall be conducted in a manner to meet the ~eeds of non-English speaking residents where a significant number of non-English speaking r,sidents can reasonably be expected to participate; (6) Provide citizens with reasonable advance notice of, a d opportunity to comment on, proposed activities in an application to the state and, for grants Iready made, activities which are proposed to be added, deleted or substantially changed from the u it of general local government's application to the state. Substantially changed means changes m de in terms of purpose, scope, location or beneficiaries as defined by criteria established by the tate. (7) Provide citizens the address, phone number, and tim s for submitting complaints and grievances, and provide timely written answers to written complain s and grievances, within 15 working days where practicable. 2008 Public Services Grant Application Handbook 26 September 2008 PUBLIC HEARING HANDOUT 2008 Public Services Grant Application Handbook 27 September 2008 I :1 PUBLIC HEARING HANDOUT O CTED I Community, radeand . '. Economic 0 I elopment Community DevelopmJnt Block Grant ~ocal Government Division I For More Information Bill Cole Managing Director 360.725.3005 billc(Q2cted. wa.QOv Kaaren Roe CDBG Program Lead 360.725.3018 kaarenr(Q2cted. wa.gov Julie Baker CDBG Project Manager 360.725.3010 iulieb(Q2cted, wa.QOv Janice Roderick CDBG Project Manager 360.725,3013 ianicer(Q2cted,wa,Qov Steve Saylor Economic Development Grants & Loans Services 360.725.4046 stevesa(Q2cted. wa .QOV Introduction The Washington State Community Dev lopment Block Grant (CDBG) program provides funds on a competitive basis f r public facilities, community facilities, economic development, housing rehabilitation, public services and planning projects that principally benefit low- and moderate-income households. Since 1982, the Washington State CDB Program has distributed and managed over $376 million from the U.S. Depart ent of Housing and Urban Development (HUD). With this funding, the CDBG Pr gram improves and maintains the environment of eligible, rural cities and ounties to enhance the quality of life for low- and moderate-income residents, a d as a result, make a difference for the entire community. 2009 Funding Set-Asides In 2009, approximately $15 million in fe eral CDBG funds will be awarded to Washington State. It is proposed that f nds be distributed as follows: · General Purpose Grants $11,500,000 Contact: Kaaren Roe Annual grant cycle during which eli ible applicants may request up to $1 million for public facilities, community facili ies, housing rehabilitation, or economic development projects principally be efiting low- and moderate-income persons. If total project costs exceed $10 mil ion, the maximum grant can be $1.5 million. Applications are due by No ember 20, 2008, with awards announced March 2009. ! · Planning-Only Grants I $400,000 Contact: Julie Baker i Grants support a range of Planningf:ctiVities that lead to implementation of priority projects for eligible small co munities and rural counties. Funding levels vary by type of project, with t e maximum grant for single jurisdiction at $35,000. Joint planning efforts ma receive up to $50,000. · Imminent Threat Grants $200,000 Contact: Kaaren Roe Provides funds to address unique e ergencies posing a serious and immediate threat to public health a d safety on a funds availability basis. Upon formal Declaration of Emergency a d completion of an Imminent Threat grant application, costs can be covered f r a temporary repair or solution while funding for a permanent fix is secur d. August 2008 Amounts shown are proposed for 2009 Action Plan 2008 Public Services Grant Application Handbook www.cted.wa.gov/cdbg September 2008 28 PUBLIC HEARING HANDOUT · Housing Enhancement Grants $1,000,000 Contact: Kaaren Roe Companion funds to support priority applications submitted to the Washington State Housing Trust Fund. · Public Services Grants $1,557,612 Contact: Julie Baker Funds supplement the community Services Block Grant through collaborations of eligible counties and community action agencies to increase services for residents with low and moderate incomes. · COBG Loan Portfolio $15,000,000 Contacts: Steve Saylor (Economic Development) or; Kaaren Roe (Community Development) Provides eligible jurisdictions with short-term loans for economic development/job creation or community development interim construction financing on CDBG-eligible activities meeting a HUD National Objective. Applications may be submitted after adoption of the 2009 Action Plan. . Float Loan - Economic Development/Job Creation . Float Loan - Interim Construction Financing . Rural Washington Loan Fund . HUD Section 108 Guarantee Loans Hue National Objectives CDBG project activities must meet one of three HUD National Objectives: . Principally benefits low-and moderate-income persons . Aids in the prevention or elimination of slums or blight . Addresses imminent threat to public health or safety ceSG Eligibility Guidelines · Eligible applicants are Washington State cities and towns with less than 50,000 in population or counties with less than 200,000 in population that are non- entitlement jurisdictions and are not participants in a HUD Urban County Entitlement Consortium. · Non-profit organizations, Indian tribes, public housing authorities, port districts, community action agencies, and economic development councils, are not eligible to apply directly to the CDBG Program for funding, but may be partners in projects and subrecipients of funding through eligible jurisdictions. · Applicants may submit one request per fund each program year. 2008 Public Services Grant Application Handbook 29 September 2008 SAMPLE GRIEVANCE PROCEDURE 1. Submit complaints in writing to the designated official (su h as the county clerk or county executive) for resolution. A record of the complaints and action taken will be maintained. A decision by the designated official will be rendered within 15 working day . I I 2. If the complaint cannot be resolved to your satisfaction byithe designated official, . It will be forwarded to a committee appointed by th governing body. This committee's membership, its ground rules or procedures for he ring complaints, and how the committee can be contacted will be available to the public. The c mmittee will be directed to hear such complaints in an objective, public manner, and aft r adequate public notice. A written decision will be made within 30 working days. Proceeding f the committee will be recorded and maintained. OR · The complaint will be heard and discussed by the overning, 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 maintaihed as a part of the records or minutes at each level of the grievance process. . Adopted this i ~_____'200___' (Signature of Chief Administrative OffiCfr) I (Title) Attest: 2008 Public Services Grant Application Handbook 30 September 2008 2008 Public Services Grant Application Handbook 31 September 2008 SAMPLE RESOLUTION WITH CERTIFI A TIONS OF COMPLIANCE FOR CDBG PUBLIC SERVICE GRANT ONLY I I I WHEREAS, (Name of county) is applying to the state Dep~rtment of Community, Trade and Economic Development for funding assistance; I I WHEREAS, it is necessary that certain conditions be met as 1art of the application requirements; WHEREAS, (Name of Chief Administrative Official and title) is authorized to submit this application to the state of Washington on behalf of (Name of county); NOW, THEREFORE, be it resolved that the (Name of count ~ authorizes submission of this application to the state Department of Community, Trade and Economic Development to request $(Community Development Block Grant 2009 total, including county and c mmunity action agency awards) to fund publiC service activities in coordination with (name of community act on agency), and certifies that, if funded, it: Will comply with applicable provisions of Title I of the Housin and Community Development Act of 1974, as amended, and other applicable state and federal laws; I Has provided opportunities for citizen participation comparab e to the state's requirements (those described in Section 104(a)(2)(3) of the Housing and Community D velopment Act of 1974, as amended); has complied with all public hearing requirements and provided itizens, especially low- and moderate-income persons, with reasonable advance notice of, and the 0 portunity to present their views during the assessment of community development and housing need , during the review of available funding and eligible activities, and on the proposed activities; Has provided technical assistance to citizens and groups representative of low- and moderate-income persons that request assistance in developing proposals; I Will provide opportunities for citizens to review and commeit on proposed changes in the funded project and program performance; I 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- unded public improvements from low- and moderate-income owner-occupants; Will establish a plan to minimize displacement as a result of ctivities assisted with CDBG funds; and assist persons actually displaced as a result of such activities, as rovided in the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amendrd; Will conduct and administer its program in conformance with Title VI of the Civil Rights Act of 1964 and the Fair Housing Act, and will affirmatively further fair housing, (Ti Ie VIII of the Civil Rights Act of 1968); and Has adopted (or will adopt) and enforce a policy prohibiting t e use of excessive force by law enforcement agencies within its jurisdiction against any individuals engage in nonviolent civil rights demonstrations; and has adopted (or will adopt) and implement a policy of en~ rcing applicable state and local laws against physically barring entrance to or exit from a facility or locati n which is the subject of such nonviolent civil rights demonstration within its jurisdiction, in accordance wit Section 104(1) of the Title I of the Housing and Community Development Act or 1974, as amended; and Will provide, upon request, and prior to any obligation of fund being made, a complete and accurate CDBG Federal Funds Disclosure Report detailing the requ1ired appli ant I grantee information, and as appropriate other government assistance provided or applied for, interes ed parties and expected sources, and uses of funds. 2008 Public Services Grant Application Handbook 32 September 2008 (Name of county) designates (name of county commission chair, county administrator, county official) as the authorized Chief Administrative Official and authorized representative to act in all official matters in connection with this application and (Name of county)'s participation in the Washington State CDBG Program. Signature Date Name Title Attested Date 2008 Public Services Grant Application Handbook 33 September 2008 I RESOLUTION WITH CERTIFICATIONS OF C~MPLlANCE INSTRUCTIONS The applicant's local legislative body must pass a resolution a~thoriZing the Chief Administrative Official to submit the CDBG application to the Washington State Depart ent of Community, Trade and Economic Development (CTED), and certify compliance with state and f derallaws and specific program requirements. I Retype the sample resolution provided on the next page, inse ing local and project specific information as indicated. This resolution may be reformatted to meet the juri diction's requirements for official resolutions. The resolution must be signed by the county's authorize Chief Administrative Official, and a signed copy must be included with the application. The hief Administrative Official is the Chair of the Board of County Commissioners or the County Administrator, if applicable. 2008 Public Services Grant Application Handbook 34 September 2008 2008 Public Services Grant Application Handbook 35 September 2008 Applicant/Recipient u.s. Department of l- ousing OMS Approval No. 2510-0011 Disclosure/Update Report and Urban Developrr ent (exp. 12/31/2006) Instructions. (See Public Reporting Statement, Privacy Act State ment and detailed instructions on next page.) Applicant/Recipient Information Indicate whether this is ,10 Initial Report [gI or an Update Report D 1. Applicant/Recipient Name, Address, and Phone (include a ea code): 2. Social Security Number or Employer ID Number: ( ) - - - 3. HUD Program Name 4. . ArDoum or HUU ASSistance WA State Community Development Block Grant / Public Servo ces Grant Program Requested/Received I I 5. State the name and location (street address, City and Stat ~) of the project or activity: Part I Threshold Determinations 1.Are you applying for assistance for a specific project 2.Ha ve you received or do you expect to receive or activity? These terms do not include formula as sistance within the jurisdiction of the Department grants, such as public housing operating subsidy. (H UD), involving the project or activity in this (For further information see 24 CFR Sec. 4.3). ap plication, in excess of $200,000 during this fiscal ye ar (Oct. 1 - Sep. 30)? For further information, see ~Yes DNo 24 CFR Sec. 4.9 D Yes DNo. If you answered "No" to either question 1 or 2, Stop! You do not need to complete the remainder of this form. However, you must sign the certification at the end of the rep )rt. Part II Other Government Assistance Provided or Reque! ted / Expected Sources and Use of Funds. Such assistance includes, but is not limited to, any grant, loan, subsidy, guc rantee, insurance, payment, credit, or tax benefit. Type of Assistanc~ Amount Expected Uses of the Department/State/Local Agency Name and Address Requested/Provided Funds (Note: Use Additional pages if necessary.) Part III Interested Parties. You must disclose: 1. All developers, contractors, or consultants involved in the application for the assist nee or in the planning, development, or implementation of the project or activity and 2. Any other person who has a financial interest in the project or activity for which the assistance is sought that exceeds $50,000 or 10 percent of the assistance (whichever is lower). Alphabetical list of all persons with a reportable financial interest Social Security o. Type of Participation in Financial Interest in in the oroiect or activity (For individuals, qive the last name first) or emolovee 10 110. Proiect/Activitv Proiect/Activity ($ and %) (Note: Use Additional pages if necessary.) Certification Warning: If you knowingly make a false statement on this form, you m",y be subject o civil or criminal penalties under Section 1001 of Title 18 of the United States Code. Any person who knowingly and materially violates any requi ed disclosures of information, including intentional non- disclosure, is subject to civil money penalty not to exceed $10,000 for each violation. I certify that this information is true and comolete. Signature: I Date: (mm/dd/yyyy) I X I-Note: This certification must be signed by the Chief Adminis rative Official (mayor, county commission chair, I county administrator, or city manager) 2008 Public Services Grant Application Handbook 36 September 2008 Form HUD-2880 (3/99) Public reporting burden for this collection of information is estimated to average 2.0 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not conduct or sponsor, and a person is not required to respond to, collection information unless that collection displays a valid OMB control number. Privacy Act Statement. Except for Social Security Numbers (SSNs) and Employer Identification Numbers (EINs), the Department of Housing and Urban Development (HUD) is authorized to collect all the information required by this form under section 102 of the Department of Housing and Urban Development Reform Act of 1989, 42 U.S.C. 3531. Disclosure of SSNs and EINs is optional. The SSN or EIN is used as a unique identifier. The information you provide will enable HUD to carry out its responsibilities under Sections 102(b), (c), and (d) of the Department of Housing and Urban Development Reform Act of 1989, Pub. L. 101-235, approved December 15, 1989. These provisions will help ensure greater accountability and integrity in the provision of certain types of assistance administered by HUD. They will also help ensure that HUD assistance for a specific housing project under Section 102(d) is not more than is necessary to make the project feasible after taking account of other government assistance. HUD will make available to the public all applicant disclosure reports for five years in the case of applications for competitive assistance, and for generally three years in the case of other applications. Update reports will be made available along with the disclosure reports, but in no case for a period generally less than three years. All reports, both initial reports and update reports, will be made available in accordance with the Freedom of Information Act (5 U.S.C. ~552) and HUD's implementing regulations at 24 CFR Part 15. HUD will use the information in evaluating individual assistance applications and in performing internal administrative analyses to assist in the management of specific HUD programs. The information will also be used in making the determination under Section 102(d) whether HUD assistance for a specific housing project is more than is necessary to make the project feasible after taking account of other government assistance. You must provide all the required information. Failure to provide any required information may delay the processing of your application, and may result in sanctions and penalties, including imposition of the administrative and civil money penalties specified under 24 CFR ~4.38. Note: This form only covers assistance made available by the Department. States and units of general local government that carry out responsibilities under Sections 1 02(b) and (c) of the Reform Act must develop their own procedures for complying with the Act. Instructions Overview. A. Coverage. You must complete this report if: (1) You are applying for assistance from HUD for a specific project or activity and you have received, or expect to receive, assistance from HUD in excess of $200,000 during the during the fiscal year; (2) You are updating a prior report as discussed below; or (3) You are submitting an application for assistance to an entity other than HUD, a State or local government if the application is required by statute or regulation to be submitted to HUD for approval or for any other purpose. B. Update reports (filed by "Recipients" of HUD Assistance): General. All recipients of covered assistance must submit update reports to the Department to reflect substantial changes to the initial applicant disclosure reports. Line-by-Line Instructions. Applicant/Recipient Information. All applicants for HUD competitive assistance, must complete the information required in blocks 1-5 of form HUD-2880: 1. Enter the full name, address, city, State, zip code, and telephone number (including area code) of the applicant/recipient. Where the applicant/recipient is an individual, the last name, first name, and middle initial must be entered. 2. Entry of the applicant/recipient's SSN or EIN, as appropriate, is optional. 3. Applicants enter the HUD program name under which the assistance is being requested. 4. Applicants enter the amount of HUD assistance that is being requested. Recipients enter the amount of HUD assistance that has been provided and to which the update report relates. The amounts are those stated in the application or award documentation. NOTE: In the case of assistance that is provided pursuant to contract over a period of time (such as project-based assistance under section 8 of the United States Housing Act of 2008 Public Services Grant Application Handbook 1937), the amount of assistance to be reported includes all amounts that are to be provided over the term of the contract, irrespective of when they are to be received. 5. Applicants enter the name and full address of the project or activity for which the HUD assistance is sought. Recipients enter the name and full address of the HUD- assisted project or activity to which the update report relates. The most appropriate government identifying number must be used (e.g., RFP No.; IFB No.; grant announcement No.; or contract, grant, or loan No.) Include prefixes. Part I. Threshold Determinations. Applicants Only Part I contains information to help the applicant determine whether the remainder of the form must be completed. Recipients filing Update Reports should not complete this Part. If the answer to either questions 1 or 2 is No, the applicant need not complete Parts II and III of the report, but must sign the certification at the end of the form. Part II. Other Government Assistance and Expected Sources and Uses of Funds. A. Other Government Assistance. This Part is to be completed by both applicants and recipients for assistance and recipients filing update reports. Applicants and recipients must report any other government assistance involved in the project or activity for which assistance is sought. Applicants and recipients must report any other government assistance involved in the project or activity. Other government assistance is defined in note 4 on the last page. For 37 September 2008 purposes of this definition, other government assistance is expected to be made available if, based on an assessment of all the circumstances involved, there are reasonable grounds to anticipate that the assistance will be forthcoming. Both applicant and recipient disclosures must include all other government assistance involved with the HUD assistance, as well as any other government assistance that was made availal;>le before the request, but that has continuing vitality at the time of the request. Examples of this latter category include tax credits that provide for a number of years of tax benefits, and grant assistance that continues to benefit the project at the time of the assistance request The following information must be provided: 1. Enter the name and address, city, State, and zip code of the government agency making the assistance available. 2. State the type of other government assistance (e.g., loan, grant, loan insurance). 3. Enter the dollar amount of the other government assistance that is, or is expected to be, made available with respect to the project or activities for which the HUD assistance is sought (applicants) or has been provided (recipients). 4. Uses of funds. Each reportable use of funds must clearly identify the purpose to which they are to be put. Reasonable aggregations may be used, such as "total structure" to include a number of structural costs, such as roof, elevators, exterior masonry, etc. B. Non-Government Assistance. Note that the applicant and recipient disclosure report must specify all expected sources and uses of funds - both from HUD and any other source - that have been or are to be, made available for the project or activity. Non-govemment sources of funds typically include (but are not limited to) foundations and private contributors. Part III. Interested Parties. This Part is to be completed by both applicants and recipients filing update reports. Applicants must provide information on: 1. All developers, contractors, or consultants involved in the application for the assistance or in the planning, development, or implementation of the project or activity and 2. Any other person who has a financial interest in the project or activity for which the assistance is sought that exceeds $50,000 or 10 percent of the assistance (whichever is lower). Note: A financial interest means any financial involvement in the project or activity, including (but not limited to) situations in which an individual or entity has an equity interest in the project or activity, shares in any profit on resale or any distribution of surplus cash or other assets of the project or activity, or receives compensation for any goods or services provided in connection with the project or activity. Residency of an individual in housing for which assistance is being sought is not, by itself, considered a covered financial interest. The information required below must be provided. 1. Enter the full names and addresses. If the person is an entity, the listing must include the full name and address of the entity as well as the CEO. Please list all names alphabetically. 2008 Public Services Grant Application Handbook -r----- i 2. Ent of the Social Security Number (SSN) or Employee Ide tification Number (EIN), as appropriate, for each per on listed is optional. 3. Ent r the type of participation in the project or activity for ea h person listed: i.e., the person's specific role in the pro ect (e.g., contractor, consultant, planner, investor). 4. Ent r the financial interest in the project or activity for ea h person listed. The interest must be expressed bot as a dollar amount and as a percentage of the am unt of the HUD assistance involved. Note t at if any of the source/use information required by this re ort has been provided elsewhere in this application packa e, the applicant need not repeat the information, but need nly refer to the form and location to incorporate it into th s report. (It is likely that some of the information requir d by this report has been provided on SF 424A, and on va ous budget forms accompanying the application.) If this re ort requires information beyond that provided elsew ere in the application package, the applicant must includ in this report all the additional information required. Re ipients must submit an update report for any change in pre iously disclosed sources and uses of funds as provid d in Section I.D.5., above. Notes 1. All itations are to 24 CFR Part 4, which was published in t e Federal Register. [April 1 , 1996, at 63 Fed. Reg. 14 48.] 2. As istance means any contract, grant, loan, cooperative agr ement, or other form of assistance, including the ins rance or guarantee of a loan or mortgage, that is pro ided with respect to a specific project or activity un er a program administered by the Department. The ter does not include contracts, such as procurements co tracts, that are subject to the Fed. Acquisition Re ulation (FAR) (48 CFR Chapter 1). 3. Se 24 CFR ~4.9 for detailed guidance on how the thr shold is calculated. 4. "Ot er government assistance" is defined to include any loa ,grant, guarantee, insurance, payment, rebate, su sidy, credit, tax benefit, or any other form of direct or indi ect assistance from the Federal government (other tha that requested from HUD in the application), a Sta e, or a unit of general local government, or any ag ncy or instrumentality thereof, that is, or is expected to e made, available with respect to the project or acti ities for which the assistance is sought. 5. Fori the purpose of this form and 24 CFR Part 4, "pe on" means an individual (including a consultant, lob yist, or lawyer); corporation; company; association; aut ority; firm; partnership; society; State, unit of ge erallocal government, or other government entity, or ag ncy thereof (including a publiC housing agency); Ind an tribe; and any other organization or group of pe pie. Form ~UD-2880 (3/99) i I i 38 September 2008 2008 Public Services Grant Application Handbook 39 September 2008 i i i I TITLE VI CERTIFlfATION The County of assures and certifieslcomPliance with the following laws and regulations: TITLE VI OF THE CIVIL RIGHTS ACT OF 1964, WHICH STATES: "No person in the United States shall, on the grounds of race'lcolor, or national origin, be excluded from participation in, be denied benefits of, or be subjected to discr mination under any program or activity receiving federal financial assistance." I SECTION 1.4(B)(2){1) OF THE REGULATIONS OF THE DE ARTMENT OF HOUSING AND URBAN DEVELOPMENT ISSUED PURSUANT TO TITLE VI WHICH REQUIRE: "A recipient, in determining the types of housing, accommoda ions, 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, fa ilities, services, financial aid, or other benefits will be provided under any such program or activity, r 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 Wh~' h have the effect of subjecting persons to discrimination because of their race, color, national origin, or ave the effect of defeating or substantially impairing accomplishment of the objectives of the program or ctivity as respect to persons of a particular race, color, or national origin." DEMOGRAPHICS I 1. Population in the service area of the county or counties ~overed in this application 2. Number of households in the service area I 3. Number of Hispanic or Latino residents 4. Number of residents by racial origin, as requested by H D: White Nati e Hawaiian/Pacific Islander Black or African American Am rican Indian/Alaskan Native/White Asian Asi n/White American Indian/Alaskan Native Oth r 5 Number of female head of households 6. Number of elderly persons These data can be found at the 2000 U.S. Census Bureau website at www.factfinder.census.qov: · Enter the city/town or county and select Washington Hit GO. · Scroll down to the General Characteristics, select sh w more. · (i) Look under sex and age, households by type, rac and Hispanic or Latino race and race. · Use the numbers in the 'numbers' column. The Hisp nic or Latino numbers should not be included in the total number of persons because the are not racial classifications. 1. MINORITY POPULATIONS reported in the.service rea demographics above are: Scattered throughout the community. I Scattered throughout the community, with concenttations in the following areas or neighborhoods: i Concentrated in the following areas or neighborho ds: 2008 Public Services Grant Application Handbook 40 September 2008 2. The following opportunities were provided to protected groups to participate in and comment on the design of activities to be undertaken as part of this project (check all that apply): Public hearing to review community development and housing needs ____ Community meeting(s) ____ Community survey __ Apply to be on a wait list for direct assistance Other: 3. Will all residents of the service area benefit from this CDBG project? _ Yes, all residents of the service area will benefit. Go to 6. ____ The following protected group(s) or minority populations will not benefit: 4. The above populations that will not benefit from this CDBG project: ____ Will receive similar services provided through existing programs. Go to 6. _ Do not receive similar services provided through existing programs. (Brief explanation) 5. For those protected groups that will not benefit from CDBG, the following plan identifies a timetable for providing such services in the future. ____ No such services are planned for the following reasons: (Brief explanation) ____ The plan and timetable are: 6. The following steps will be taken to ensure CDBG benefits are offered to all residents and protected groups within the community: (check all that apply) Protected groups will be informed of the opportunity to apply Protected groups will be informed of the availability of programs A community meeting will be held to inform all residents of benefits resulting from the CDSG project. A final public hearing to receive comment on the CDSG project will be conducted with outreach and accommodation for non-English speaking residents, if applicable. Other: Signature of Certifying Official Date Name of Certifying Official Date This form must be signed by the Chief Administrative Official (mayor, county commission chair, county administrator, city manager, or designated official as authorized by the CDSG Resolution of Certifications of Compliance). Please clearly state the official's name and title. 2008 Public Services Grant Application Handbook 41 September 2008 APPENDlfES i I . 2008 LMI Income Limits i . Legal Reference to Eligibl . CDBG and CSBG Allocati n 2006-2009 . Sample Subrecipient Agre ment 2008 Public Services Grant Application Handbook 42 September 2008 2008 Public Services Grant Application Handbook 43 September 2008 - -- - I I I I ! I II 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 co 0 LO LO 0 LO 0 LO LO LO 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ...... 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'"'" N I 0 0 0 0 0 0 0 0 0 0 0 0 ~ 0 0 0 0 0 0 0 0 (") lO CO (") lO CO (t) lO CO (t) lO CO lO CO (") lO CO (t) lO CO ->< 0 0 J:l "C r:: <( <ll ~ J: Z -l ~ r:: (/) 0 ::> -l Z <( 0 Z I- ~ ~ <( ~ ~ W (fJ <( ~ .!.2 > ~ I- S2 c. 0::: :5 Q. W ::> I I <( <C l- I <( -l ~ s: >- t') (/) ~ CD l- s: 0 u CJ) 0 0 N co o o N Qj .c E Q) C. Q) (/) O"l '<t :>t:. o o .c "0 c: '" J: c: o ~ .>2 C. Q. <C C) [IJ o u O"l o o N lEGAL REFERENCE TO ELlG BlE ACTIVITIES TITLE 24--HOUSING AND URBAN DEVELOPM NT CHAPTER V--OFFICE OF ASSISTANT SECRE ARY FOR COMMUNITY PLANNING AND DEVELOPMENT, DEPARTME T OF HOUSING AND URBAN DEVELOPMENT PART 570_COMMUNITY DEVELOPMENT BlO K GRANTS Subpart C_ Eligible Activities Sec. 570.201 Basic eligible activities. CDBG funds may be used for the followihg activi ies: (e) Public services. I Provision of public services (including labor, supplies, and materials) including but not limited to those concerned with employm nt, crime prevention, child care, health, drug abuse, education, fair housing coun eling, energy conservation, welfare (but excluding the provision of income pa ments identified under Sec. 570.207(b)(4)), homebuyer down payment assist nce, or recreational needs. To be eligible for CDBG assistance, a public se ice must be either a new service or a quantifiable increase in the Ilevel of a existing service above that which has been provided by or on behalf of the u it of general local government (through funds raised by the unit or received by t e unit from the State in which it is located) in the 12 calendar months before the ubmission of the action plan. (An exception to this requirement may be made i HUD determines that any decrease in the level of a service was the result f events not within the control of the unit of general local government.) 2008 Public Services Grant Application Handbook 50 September 2008 2008 Public Services Grant Application Handbook 51 September 2008 I SUBRECIPIENT AGREEMENT FOR C BG PUBLIC SERVICES THIS AGREEMENT is between the local government ecipient _________________ (herein called the Grantee) and _______________ __ (herein called the Subrecipient) of state Community Development Block Grant (CDBG) funds. , WHEREAS, the Washington State Department of Co~munity, Trade and Economic Development (CTED) is authorized by the federal Del'artment of Housing and Urban Development (HUD) to provide funds to units of local overnment selected to undertake and carry out certain programs and projects under the Washington State CDBG Program in compliance with all applicable local, state, and fede allaws, regulations and policies; and WHEREAS, the Grantee has applied for and received Ifunds from CTED and the Scope of Service included in this Agreement is authorized as p~rt of the Grantee's approved CDBG project; and I WHEREAS, it benefits the Grantee to engage the Subrecipient to accomplish the Scope of Service and the objectives of the local CDBG project; NOW, THEREFORE, it is agreed between the parties that: 1. SCOPE OF SERVICE The Subrecipient shall complete in a satisfactory and proper manner as determined by the Grantee the tasks described in the Scope f Service (Attachment #1 to this Agreement) to accomplish the objectives set fort in the grant contract between the Grantee and CTED (Attachment #2 to this Agree ent). 2. TIME OF PERFORMANCE Services of the Subrecipient shall start on the _ _____ day of _______, 20__ and end on the ________ day of ________ of 0___. The term of this Agreement and its provisions shall be extended to cover any additional time period during which the Subrecipient remains in control of CDBG fun s or other CDBG assets, including program income. 3. NATIONAL OBJECTIVES ! I ! All activities funded with CDBG funds must meet lone of the CDBG program's national Objectives: benefit low- and moderate-income p rsons; aid in the prevention or elimination of slums or blight; or meet communit development needs having a particular urgency, as defined in 24 CFR 570.20 . The Subrecipient certifies the activities carried 0 t under this Agreement will meet a CDBG Program National Objective. 2008 Public Services Grant Application Handbook 52 September 2008 BUDGET The Subrecipient shall follow the budget submitted in the CDBG application and finalized in the grant contract between the Grantee and CTED (Attachment #2 to this Agreement). The Grantee may require a more detailed budget breakdown, and the Subrecipient shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the Grantee. Any amendments to the budget must be approved in writing by CTED, the Grantee and the Subrecipient. 4. PAYMENT The Grantee shall reimburse the Subrecipient in accordance with the public services payment procedures provided by the CDBG Program for allowable expenses agreed upon by the parties to complete the Scope of Service. In no event shall the total amount to be reimbursed by the Grantee exceed the sum of $_______. Reimbursement under this agreement shall be based on billings, supported by appropriate documentation of costs actually incurred. It is expressly understood that claims for reimbursement shall not be submitted in excess of actual, immediate cash requirements necessary to carry out the purposes of the agreement. 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 CTED and is subject to those regulations and restrictions normally associated with federally-funded programs and any other requirements that the state may prescribe. 5. PERFORMANCE MONITORING The Grantee will monitor the performance of the Subrecipient as outlined in the Scope of Service (Attachment #1 to this Agreement) by tracking project progress, reviewing payment requests for applicable costs, managing the timely pass-through of CDBG funds, overseeing compliance with CDBG requirements, and ensuring record keeping and audit requirements are met. Substandard performance as determined by the Grantee 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 Grantee, contract suspension or termination procedures will be initiated. 6. SPECIAL CONDITIONS [This section of the Agreement can be used by Grantee to include special conditions specific to the particular activity or individual Subrecipient.] 7. GENERAL CONDITIONS A. General Compliance The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal regulations, Part 570 (HUD regulations concerning CDBG). The Subrecipient also agrees to comply with all other applicable Federal, state and local 2008 Public Services Grant Application Handbook 53 September 2008 laws, regulations, and policies, governing the fun s provided under this Agreement. The Subrecipient agrees to comply with the cont ct requirements established in the CDBG contract between CTED and the Grantee Attachment #2 to this Agreement). The Subrecipient further agrees to utilize funds a ailable under this Agreement to supplement rather than supplant funds otherwisel available. B. "Independent Contractor" Nothing contained in this Agreement is intended 0, or shall be construed in any manner, as creating or establishing the relations ip of employer/employee between the parties. The Subrecipient shall at all times re ain an "independent contractor" with respect to the services to be performed und r this Agreement. The Grantee shall be exempt from payment of all Unemploym nt Compensation, FICA, retirement, life and/or medical insurance and Workers' Com ensation Insurance, as the Subrecipient is an independent contractor. C. Hold Harmless The Subrecipient shall hold harmless, defend an indemnify the Grantee from any and all claims, actions, suits, charges and judgm nts whatsoever that arise out of the Subrecipient's performance or nonperformance ,f the services or subject matter called for in this Agreement. I D. Workers' Compensation j The Subrecipient shall provide Workers' compe~sation Insurance Coverage for all of its employees involved in the performance of this Agreement. E. Insurance & BondinQ The Subrecipient shall carry sufficient ins. urance t,overage to protect contract assets from loss due to theft, fraud and/or undue physic I damage, and as a minimum shall purchase a blanket fidelity bond covering all emp oyees in an amount equal to cash advances from the Grantee. I F. FundinQ Source Recoanition The Subrecipient shall insure recognition of the r les of CTED, the CDBG program, and the Grantee in providing services through thi Agreement. All activities, facilities and items utilized pursuant to this Agreement sh II 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. I G. Amendments The Grantee or Subrecipient may amend this Ag eement at any time provided that such amendments make specific reference to thi Agreement, and are executed in writing, signed by a duly authorized representati of each organization, and approved by the Grantee's governing body. Suc amendments shall not invalidate this Agreement, nor relieve or release the Grant e or Subrecipient from its obligations under this Agreement. I 2008 Public Services Grant Application Handbook 54 September 2008 H. Suspension or Termination In accordance with 24 CFR 85.43, the Grantee 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 Grantee reports that are incorrect or incomplete in any material respect. In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by either the Grantee 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 Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. 8. ADMINISTRATIVE REQUIREMENTS A. Financial ManaQement 1. AccountinQ Standards The Subrecipient agrees to comply with 24 CFR 84.21-28 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The Subrecipient shall administer its program in conformance with OMS Circulars A-122, "Cost Principles for Non-Profit Organizations," or A-21 , "Cost Principles for Educational Institutions," as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. 3. Duplication of Costs The Subrecipient certifies that work to be performed under this Agreement does not duplicate any work to be charged against any other contract, subcontract or other source. S. Documentation and Record Keepino 1. Records to be Maintained The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to 2008 Public Services Grant Application Handbook 55 September 2008 4. Audits and Inspections All Subrecipient records with respect to ny matters covered by this Agreement shall be made available to th Grantee, CTED, and duly authorized officials of the state and fede ,al government, at any time during normal business hours, as often as deeriled necessary, to audit, examine, and make excerpts or transcripts of all ralevant data. Any deficiencies noted in audit reports ust be fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the above a dit requirements will constitute a violation of this Agreement and may res It in the withholding of future payments. I The Subrecipient hereby agrees to havelan annual agency audit conducted in accordance with current Grantee polic concerning subrecipient audits and OMB Circular A-133. 2008 Public Services Grant Application Handbook 56 September 2008 C. Reoortinq and Payment Procedures 1. Proqram Income The Subrecipient shall report annually all program income (as defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the Subrecipient shall comply with the requirements set forth at 24 CFR 570.504. 2. Indirect Costs If indirect costs are charged, the Subrecipient will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to the Grantee for approval, in a form specified by the Grantee. 3. Periodic Reoorts The Subrecipient, at such times and in such forms as the Grantee may require, shall furnish the Grantee such periodic reports as it may request pertaining to the work or services undertaken pursuant to this agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this agreement. D. Use and Reversion of Assets The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503, 570.504, as applicable, which include but are not limited to the following: 1. The Subrecipient shall transfer to the Grantee any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination. 2. Real property under the Subrecipient's control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of $25,000 shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until ten (10) years after the contract between CTED and the Grantee is closed. If the Subrecipient fails to use CDBG- assisted real property in a manner that meets a CDBG National Objective for this 10-year period of time, the Subrecipient shall pay the Grantee an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property after the CDBG program's approval. Such payment shall constitute program income to the Grantee. The Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the ten-year period. 2008 Public Services Grant Application Handbook 57 September 2008 3. In cases in which equipment acq ired, in whole or in part, with funds under this Agreement is sold, the proce s shall be program income. Equipment not needed by the Subrecipi nt for activities under this Agreement shall be (a) transferred to th Grantee for CDBG-eligible activities as approved by the CDBG progtam or ( ) retained after compensating the Grantee. 9. PERSONNEL & PARTICIPANT CONDITIONS A. Civil Riahts I Title VI of the Civil Riahts Act of 1964: gl Under Title VI of the Civil Rights Act of 1 64, no person shall, on the grounds of race, color, creed, religion, sex or nati nal origin, be excluded from participation in, be denied the benefits 0 , or be subjected to discrimination under any program or activity receiving f deral financial assistance. Section 109 of the Housin and Commu it Develo ment Act of 1974: No person in the United States shall on t e grounds of race, color, creed, religion, sex or national origin be exclud d from participation in, be denied benefits of, or be subjected to dlscrimina ion under any program or activity funded in whole or in part with funds ma e available under this title. A e Discrimination Act of 1975 as Arne ded No person shall be excluded from partici ation, denied program benefits, or subjected to discrimination on the basis f age under any program or activity receiving federal funding assistance. (4 U.S.C. 610 et. seq.) Section 504 of the Rehabilitation Act of 1973 as Amended No otherwise qualified individuall shall, s lely by reason or his or her disability, be excluded from participation (including employment), denied program benefits, or subjected to discri ination under any program or activity receiving Federal funds. (29 U.S.C. 794) Public Law 101-336 Americans with Dis bilities Act of 1990 Subject to the provisions of this title, no ualified individual with a disability shall, by reason of such disability, be ex luded from participation in or be denied the benefits of the services, prog~ams, or activities of a public entity, or be subjected to discrimination by any ~uch entity. I B. Section 3 of the Housin and C mmunit Develo ment Act of 1968 Compliance in the Provision of Training, Employment, and Business Opportunities: 2008 Public Services Grant Application Handbook 58 September 2008 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 issued pursuant thereto by the Secretary of HUD set forth in 24 CFR 135, and all applicable rules and orders of HUD and CTED issued there under prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability that would prevent them from complying with these provisions. 3. The Subrecipient will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. 4. The Subrecipient will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant, or recipient of federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of HUD, 24 CFR Part 135. The Subrecipient will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract, unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. 5. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of HUD and CTED issued hereunder prior to the execution of the contract, shall be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements shall subject the applicant, or recipient, its consultants and subcontractors, its successors and assigned to those sanctions specified by the grant or loan agreement or contract through which federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. 2008 Public Services Grant Application Handbook 59 September 2008 C. Conduct 1. Assionabilitv The Subrecipient shall not assign or tran fer any interest in this Agreement without the prior written consent of the Grantee thereto; provided, however, that claims for money due or to become ue to the Subrecipient from the Grantee under this contract may be assi ned to a bank, trust company, or other financial institution without such ap roval. Notice of any such assignment or transfer shall be furnishe promptly to the Grantee and CTED. 2. Conflict of Interest No member of the Grantee's governing ody and no other public official of such locality, who exercises any functions or responsibilities in connection with the planning or carrying out of the p oject, shall have any personal financial interest, direct or indirect, in thi agreement; and the Subrecipient shall take appropriate steps to assure compliance. The Subrecipient agrees to abide by the Iprovisions of 24 CFR 84.42 and 570.611, which includes maintaining a w~itten code or standards of conduct that shall govern the performance of its fficers, employees or agents engaged in the award and administratio of contracts supported by Federal funds. The Subrecipient covenants that its emp oyees has no interest and shall not acquire interest, direct or indirect, in the tudy area or any parcels therein or any other interest which would conflict ini any manner or degree with the performance of services hereunder. Th~ Subrecipient further covenants that in the performance of this Agreement, n person having such interest shall be employed. 3. a. The lower tier contractor c rtifies, by signing this contract that neither it nor its principals i presently debarred, suspended, proposed for debarment, d~clared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. b. Where the lower tier contractor is unable to certify to any of the statements in this contract,[SUCh contractor shall attach an explanation to this contract i D. CODvriaht I I If this Agreement results in any copyrightable material or inventions, the Grantee and/or CTED reserves the right lto royalty-free, non-exclusive and irrevocable license to reproduce, PUblishbor otherwise use and to authorize others to use, the work or materials for 91 vemmental purposes. I I I I 2008 Public Services Grant Application Handbook 60 September 2008 E. Reliaious Activities The Subrecipient agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.2000), such as worship, religious instruction, or proselytization. 10. SEVERABILITY If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. 11. PERFORMANCE WAIVER The Grantee'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 Grantee to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. 12. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the Grantee and the Subrecipient for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the Grantee and the Subrecipient with respect to this Agreement. The attachments to this Agreement are identified as follows: Attachment #1, Scope of Service, consisting of _ pages. Attachment #2, CDBG Contract between CTED and the Grantee, consisting of __ pages. IN WITNESS WHEREOF, the Grantee and the Subrecipient have executed this agreement as of the date and year last written below. CITY/TOWN/COUNTY of SUBRECIPIENT By: _______________________________ By: ___________________________ Title: Title: Date: Date: Approved As To Legal Form: Attorney 2008 Public Services Grant Application Handbook 61 September 2008 Attachment #1 - SCOPE OF SERVICE A. Principal Tasks B. Budaet and Method of Compensation C. Staffina D. Periodic Reports i 1. Semi-annual (due July & January) outJome reports on agency performance. . 2. End of the year data on the use of CD G funds, including the number of: . Persons served; . Low- and moderate-income pers ns served; . Persons with new access to a se ice; and · Persons with increasedlimproved access to a service. 3. No more than monthly and no less tha quarterly, A-19 Invoice Vouchers with a written narrative report on the s rvices and expenditures funded by CDBG as back-up documentation of th CDBG reimbursement payment request. E. Grantee Oversight Plan 1. Review and approval authority for eac~ payment request for CDBG reimbursement. I 2. Annual on-site monitoring visit. 3. Receipt and review of community actio agency's annual audit report, Management Letter (if received), and ny documentation of any CDBG- related findings. 4. Annual public hearing to receive input n program performance. -------------------~---------~ Attachment #2 - CONTRACT BETWEEN CTED AND IGRANTEE: To be attached. 2008 Public Services Grant Application Handbook 62 September 2008 2008 Public Services Grant Application Handbook 63 September 2008 COMMUNITY DEVELOPMENT AND COMMUN~TY SERVICES BLOCK GRANT: i County and Community Act on Agency Award Allocation Asotin/Community Action Partnershi GranUNorth Columbia $268,767 $251,262 $253,015 $167,427 $85,171 $252,598 Community Action Center Grays Harbor/Coastal $245,890 $218,644 $219,9 5 $165,743 $53,850 $219,593 Community Action Pro ram Jefferson/Olympic $217,085 $198,653 $199,719 $142,948 $56,854 $199,802 Community Action Pro rams Kittitas/Ho eSource $172,502 $160,990 $110,965 $51,319 $162,284 Okanogan/Okanogan $192,745 $177,954 $126,315 $52,850 $179,165 County Community Action Center Skamania/WA Gorge $165,067 $151,718 $106,265 $46,706 $152,971 Action Pro rams Stevens/NE WA Rural $201,831 $190,281 $191,212 $132,664 $58,841 $191,505 Resources Development Association $405,839 $373,502 $117,496 $259,851 $377,347 Thurston/CAC of Lewis, Mason & Thurston Counties Walla Walla/Blue $200,965 $181,090 $132,524 $49,665 $182,189 Mountain Action Council Whitman/Community $192,315 $178,254 $125,968 $53,519 $179,487 Action Center Yakima/Northwest $299,815 $278,657 $188,697 $91,241 $279,938 Community Action Center TOTALS $2,622,040 $2,413,368 $2,427,5 5 $1,557,612 $874,125 $2,431,737 2008 Public Services Grant Application Handbook 64 September 2008