14-141.00 Spokane County CDBG: Sidewalk Improvements AGREEMENT BETWEEN
SPOKANE COUNTY AND IN CONJUNCTION WITH GRANT
1.Subrecipient 2.Contract Amount 13.Tax Inft REDACTED
City of Spokane Valley $261,794
11707 East Sprague,Suite 106 DUNS#
Spokane Valley,WA 99206
168240617
6.County's Representative
5.Subrecipient Representative
Community Services,Housing,and Community Development
Tim Crowley
Steve Worley Division Manager
11707 East Sprague,Suite 106 312 West 8th Ave
Spokane Valley,WA 99206 Spokane,WA 9924
509-720-5334
7. Subrecipient 8.Original Grant ID# 9. Start 10.End Date
ID#CDBG 14-13 B 14 U C 5 3 0 0 0 4 Date 06/30/15
11. Funding Source:
(x) Federal ( J
12. Federal Funds(as applicable) CFDA# Federal Agency:
$1,342,593 14.218 HUD
13.Contractor Selection Process: 14. Contractor Type:
(check all that apply or qualify) (check all that apply)
( ) Sole Source ( ) Private Organization/Individual
A/E Services (x) Public Organization/Jurisdiction
Competitive Bidding ( J VENDOR
(x) SUBRECIPIENT
( JPre-approved by Funder ( J Non-Profit ( ) For-Profit
15.Grant Purpose:Street Improvements
16. COUNTY and the Subrecipient, as identified above, acknowledge and accept the terms of this Agreement
and attachments and have executed this Agreement the date below to start as of the date and year referenced
above.The rights and obligations of both parties to this Agreement are governed by this Agreement and the following
other documents incorporated by reference:(1)Exhibit"A"-Application,and(2)Exhibit"B"-Assurances
FOR THE SUBRECIPIENT: FOR COUNTY:
h` 4?/. f/4/f7
Sig ature ate Signature Date
Nrt/ce Qtilsos 4/ 7 er7eh
Name Name
C 1 417 /ila,H ChaLt r Bocci
Title Title
This document contains confidential tax information and APPRO DASTO� ON Y:
40
has been redacted pursuant to RCW 82.32.330. Y/ (iy
You may petition for a review of our findings pertaining to any ri rytdal / Date
redacted or withheld documents pursuant to Spokane Valley ra tsAdmi ' or
Municipal Code (SVMC) 2.75.080; and obtain judicial review
pursuant to RCW 42.56.550.
CDBG 14-13 Subrecipient Agreement
Page 1 of 22
i}b14-((11
COMMUNITY DEVELOPMENT BLOCK GRANT
SUBRECIPIENT AGREEMENT
(Government Entity)
Project Number CDBG14-13
This Subrecipient agreement, hereinafter referred to as the "Agreement", is executed by
SPOKANE COUNTY, a political subdivision of the State of Washington, through its
COMMUNITY SERVICES, HOUSING, AND COMMUNITY DEVELOPMENT DEPARTMENT
(CSHCD), hereinafter referred to as the County and SPOKANE VALLEY, a political subdivision
of the State of Washington, whose address is 11707 EAST SPRAGUE, SUITE 106, SPOKANE
VALLEY, WA 99206, hereinafter referred to as the "Subrecipient", and together referred to as
the "Parties".
IN CONSIDERATION OF PROMISES MADE HEREIN AND THE MUTUAL BENEFIT DERIVED
THEREFROM BY THE PARTIES MUTUALLY AGREE AS FOLLOWS:
1. PURPOSE
1.1. The purpose of this Agreement is the funding and completion of the project(s)
identified as the Sidewalk Improvements, hereinafter referred to as the "Project",
which is a federally funded project through the Community Development Block
Grant (CDBG) program hereinafter referred to as "CDBG", from the United
States Department of Housing and Urban Development (HUD), hereinafter
referred to as "HUD", (CFDA# 14.218).
1.2. Acceptance of the Spokane County 2010-2014 Housing and Community
Development Consolidated Plan and 2014 Annual Action Plan by HUD and
a contract between HUD and the County authorizing the County's
Community Development Block Grant Program (hereinafter the "HUD
Contract") is a condition precedent to the County's performance under this
Agreement.
1.3. CDBG funds will provide for approximately Sixty percent (60%) of the
engineering costs not to exceed Thirty Two Thousand One Hundred Ninety One
dollars ($32,191.00) and One Hundred percent (100%) of the construction costs,
not to exceed Two Hundred Twenty Nine Thousand Six Hundred Three dollars
($229,603.00), as identified in the budget, pursuant to the terms of this
Agreement. Only funds for the reimbursement of actual allowable costs will be
disbursed to the Subrecipient. Any funds allocated for the Project remaining
after reimbursement to Subrecipient of all actual allowable costs pursuant to this
Agreement shall be retained by the County.
2. AGREEMENT AND EXHIBITS
2.1. This Agreement shall consist of this Subrecipient Agreement and all exhibits
(Exhibits A— F) that are referred to herein. Any exhibits, attachments or addenda
referred to herein and/or attached to this Agreement and any Amendments
hereto, are incorporated herein as if set forth in full.
CDBG 14-13 Subrecipient Agreement
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3. PERIOD OF PERFORMANCE
3.1. Contingent on the receipt of a notice to proceed from the County, this Agreement
shall be effective July 1, 2014 and shall be completed no later than June 30,
2015, hereinafter referred to as the Project Period.
3.2. If the HUD Contract is not executed prior to July 1, 2014 or if for any other
reason the effective beginning date of this Agreement is delayed, funding of this
Agreement shall be delayed until a notice to proceed from the County is received
by the Subrecipient. The Subrecipient may not rely upon the County for payment
of nor shall the County be obligated to reimburse the Subrecipient as a result of
such delay in the availability of funds, for any costs incurred or written or oral
commitments made by the Subrecipient prior to receipt of the notice to proceed
from the County.
3.3. Except as stated herein, the Project Period may be changed only by amendment
to this Agreement executed no less than forty-five (45) days in advance of the
expiration date of this Agreement, acceptance of which amendment shall be
within the sole discretion of the County.
4. SCOPE OF SERVICES
4.1. The Subrecipient will plan, administer and implement the Project as described in
the Subrecipient's Grant Application, as amended, with supplemental forms
(Exhibit A), which are incorporated herein by reference as though fully set forth.
The Subrecipient shall adhere to agreed upon budgets, schedules, and
commitments.
5. FUNDING
5.1. Funding Sources: Funding sources under this Agreement are as follows:
Community Development Block Grant Funds (CFDA# 14.218) $261,794.00
5.2. Maximum Funding: Total maximum funding under this Agreement is Two
Hundred Sixty One Thousand Seven Hundred Ninety Four Dollars and No Cents
($261,794.00).
5.3. Requests for Reimbursement:
5.3.1. The Subrecipient shall submit requests for reimbursement of actual
allowable costs incurred by the Subrecipient in performance of this
Agreement and in accordance with the attached budget, included in
Exhibit A. Requests for reimbursement must be accompanied by
documentation substantiating eligibility of costs for which reimbursement
is requested. The Subrecipient shall submit the final requests for
reimbursement not later than thirty (30) days after this expiration of the
close of the Project period. The final request for reimbursement shall
provide a reconciliation of actual revenue and expenses for the entire
period of this Agreement.
CDBG 14-13 Subrecipient Agreement
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5.3.2. Costs incurred prior to the effective date of or after the expiration date of
this Agreement, ineligible costs, or unallowable costs, will not be
reimbursed by the County, unless approved by the County and subject to
this Agreement being signed by all parties.
5.3.3. Only those budget line items that appear in the budget section of Exhibit
A will be considered for reimbursement, and only in those percentages
outlined in Section 1. Purpose.
5.3.4. No change(s) to the budget shall be binding upon the Parties except by
amendment to this Agreement executed pursuant to the General Terms
and Conditions of this Agreement.
5.3.5. For all construction projects, the use of any CDBG funds designated as
"contingency funds" in the project budget, included in Exhibit A, must be
reviewed and approved by the County.
5.3.6. If allowable actual costs for a given month are less than the budgeted
amount pursuant to the budget, included in Exhibit A, reimbursement
shall not exceed the allowable actual costs. The maximum allowable
monthly payment shall equal the total budget maximum to date less the
total payments to date.
5.3.7. All funds obligated or committed by the Subrecipient to contractors,
suppliers, etc. during the Project Period must be expended on or before
June 30, 2015. CDBG funds, which are not expended by June 30, 2015,
shall be returned to the County.
5.4. Circulars:
5.4.1. Federal Office of Management and Budget (OMB) Circular A-87, Cost
Principles for State, Local and Indian Tribal Governments (located at 2
CFR Part 225), OMB Circular A-102, Grants and Cooperative
Agreements with State and Local Governments (as amended), OMB
Circular A-133 Audit Requirements, and Revised Code of Washington
(RCW) 43.09.200 shall apply to the Agreement and to all funds disbursed
hereunder. Except as noted in the Agreement, costs are reimbursable
under Washington State Budgeting Accounting Reporting System
(BARS), including all supplements and revisions thereto, prescribed by
the Washington State Auditors Office.
5.5. Administrative Costs:
5.5.1. Administrative costs for the performance of the Agreement shall not
exceed the amount identified in the Budget, included in Exhibit A. As
used in this Agreement, administrative costs shall be defined as: Costs
for general operation of direct service agencies in support of the Project,
and includes the cost for Project administration, activities performed for
Project management purposes, accounting, record keeping, general
clerical support, activities of the Board of Directors, and similar costs.
5.6. Recovery of Overpayment to Contractor:
5.6.1. The Subrecipient shall not be reimbursed more than the amount of the
allowable costs of performance of this Agreement. When the
Subrecipient, the County, or any other state or federal agency determines
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that the Subrecipient has received payments under this Agreement in
excess of reimbursement described in the reimbursement subsection of
this Agreement, or otherwise not in conformity with the Agreement, the
County shall recoup those payments, together with interest, as provided
at 24 CFR, Part 85, from what would otherwise be the County's liability
under this Agreement. If the Subrecipient receives a notice of
overpayment, which the County shall be required to timely provide, the
Subrecipient may protest the overpayment determination pursuant to the
Dispute Resolution Section of this Agreement. Failure to invoke said
section within fifteen (15) days of receipt of a notice of overpayment will
result in an overpayment debt against the Subrecipient.
5.7. Fiscal Management:
5.7.1. All financial transactions involving CDBG funds are subject to the
regulations, policies, guidelines and requirements contained in the Office
of Management and Budget Circular A-87 Cost Principles for State, Local
and Tribal Governments (located at 2 CFR, Part 225), as applicable,
which describes eligible costs, and 24 CFR 85.20 which describes
financial management system requirements as they relate to acceptance
and use of federal funds, 24 CFR 570 or other superseding document.
Interest or other income earned on CDBG advances must be repaid to
HUD via the County.
5.7.2. The Subrecipient shall establish and maintain a system of accounting and
internal controls that comply with generally accepted accounting
principles and all federal, state, and local accounting principles and
governmental accounting and financial reporting standards that are
applicable to federal, state and/or local grants, awards, and/or contracts.
5.7.3. The Subrecipient shall ensure that construction and management of the
Project is done in the most cost effective and efficient manner possible.
5.7.4. The Subrecipient's financial management system at a minimum shall:
5.7.4.1. Be a viable, single organizational entity capable of effective and
efficient processing of all of the fiscal matters, including proof of
adequate protection against insolvency;
5.7.4.2. Have the ability to pay for all expenses incurred during the
Agreement period, including services that have been provided
under the Agreement but paid after the Project period; and
5.7.4.3. Include source documentation in support of allowable actual costs
necessary to indicate costs incurred by the Subrecipient directly
relating to the cost identified in the Budget.
5.8. Audit:
5.8.1. If Subrecipient expends a total, from all income sources, of Five Hundred
Thousand Dollars, ($500,000.00) or more of federal funds per fiscal year,
then no later than six (6) months after the end of the Subrecipient's fiscal
year, the Subrecipient shall have an independent fiscal audit conducted
of its financial statement and condition, regarding the performance of this
Agreement, readily delineating CDBG funds received from the County.
The audit shall comply with OMB Circular A-133 and 24 CFR Part 85.
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5.8.2. The Subrecipient shall submit its audit report, including any "Management
Letter" and/or all other correspondences referred to in the audit report,
along with Subrecipient's response to the audit and corrective action plan,
if any, no later than thirty (30) days after completion of the audit. The
independent auditor's working papers shall be made available for the
County review, upon request by the County.
5.8.3. Failure to engage auditors and provide proof of such engagement prior to
the due date of the audit report to the County shall be considered
contractual non-performance. In such event, the County reserves the
right to withhold not more than one hundred fifty percent (150%) of the
reasonably estimated cost of the required audit from reimbursement due
at the end of the audit year or final reimbursement pending compliance
with this section of this Agreement. This subsection shall survive the
termination or other expiration of the Agreement.
5.9. Payment Obligation:
5.9.1. Payment made under this Agreement is intended by both Subrecipient
and the County to be inclusive of all services provided under this
Agreement, and constitutes the County's only financial obligation under
the Agreement irrespective of whether the cost to the Subrecipient of
providing services exceeds that obligation.
6. FRAUD AND ABUSE
6.1. Fraud means an intentional deception or misrepresentation made by a person
with the knowledge that the deception could result in some unauthorized benefit
to himself or some other person and includes any act that constitutes fraud
under applicable federal or State law. Abuse means provider actions that are
inconsistent with sound fiscal, business, or medical practices and result in an
unnecessary cost or reimbursement for services that are not necessary or that
fail to meet professionally recognized standards. The Subrecipient shall do the
following to guard against Fraud and Abuse:
6.1.1. Create and maintain a mandatory compliance plan that includes
provisions to educate Subrecipient's staff of the false claim act and
whistle blower protections;
6.1.2. Develop written policies, procedures, and standards of conduct that
articulate the Subrecipient's commitment to comply with all applicable
federal and State standards;
6.1.3. Designate a compliance officer and a compliance committee that is
accountable to senior management;
6.1.4. Provide effective ongoing training and education for the compliance
officer and the staff of the Subrecipient;
6.1.5. Facilitate effective communication between the compliance officer and
the Subrecipient's employees and the Subrecipient's sub Subrecipient's;
6.1.6. Enforce standards through well-publicized disciplinary guidelines;
6.1.7. Conduct internal monitoring and auditing;
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6.1.8. Respond promptly to detected offenses and develop corrective action
initiatives; and
6.1.9. Report fraud and/or abuse information to CSHCD as soon as it is
discovered to include the source of the complaint, the involved
individual(s) nature of fraud or abuse complaint, approximate dollars
involved, and the legal and administrative disposition of the case.
7. GENERAL TERMS AND CONDITIONS
7.1. Relationship:
7.1.1. The relationship of the Subrecipient to the County shall be that of an
independent contractor. No provision of this Agreement is intended or
deemed to create any relationship between the Parties hereto other than
that of independent entities contracting with each other solely for the
purpose of effecting the provisions of this Agreement. Neither of the
Parties hereto, nor any of their respective employees, shall be construed
to be the agent, employee, representative, joint venture, or partner of the
other.
7.1.2. The Subrecipient and its employees or agents will not hold themselves
out as, nor claim to be, an agent, officer or employee of the County, nor
will they claim any of the rights, privileges or benefits which might accrue
to County employees.
7.1.3. Subrecipient shall be responsible for all federal and/or state tax, industrial
insurance, and Social Security liability that may result from the
performance of services, and resulting compensation, for services
described herein.
7.2. Modifications and Amendments:
7.2.1. Except as provided otherwise herein, this Agreement may be amended
only in writing by agreement of all parties hereto.
7.2.2. The Subrecipient hereby acknowledges that this Agreement is subject to
all Federal statutes, Federal regulations, RCWs, and WACs applicable to
this Agreement. Any provision of the Agreement which conflicts with
federal and state statutes or regulations is hereby amended to conform to
the provisions of federal and state law and regulations. Such amendment
of the Agreement will be effective on the effective date of the statutes or
regulations necessitating it and will be binding on the Parties even though
such amendment may not have been reduced to writing and formally
agreed upon and executed by the parties. The County will provide notice
of such amendment required by this paragraph when the County is aware
of them. The Subrecipient agrees to accept, and execute any and all
amendments offered by the County needed to effectuate the Federal
statute, Federal regulation, RCW, and/or WAC.
7.2.3. Any proposed change(s) in the project scope of service, budget, location,
or the number of beneficiaries served as described in the Subrecipient's
Grant Application and Final Project Proposal (Exhibit A), must be
submitted in writing to the CSHCD for approval prior to incurring any
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project costs or implementing any substantial project modifications. Any
such changes shall be considered a request to modify or amend this
Agreement.
7.3. Waivers:
7.3.1. No employee of the County or the Subrecipient has the power, right or
authority to waive any of the terms, conditions and/or covenants of this
Agreement.
7.3.2. The waiver of any breach or violation of any provision of this Agreement
shall not operate as or be construed to be a waiver of any subsequent
breach of the Agreement.
7.3.3. The failure of the County or the Subrecipient to enforce any of the terms
or covenants of this Agreement or the failure to require performance
under the Agreement shall not be construed as a waiver nor in any way
affect the validity of the Agreement or the right of the County or the
Subrecipient to enforce each and every term of the Agreement.
7.4. Assignability:
7.4.1. The Subrecipient shall not assign any interest in this Agreement and shall
not transfer any interest in this Agreement to any party (whether by
assignment or novation) without prior written consent of the County. The
County may assign all or any of its interest in this Agreement as may be
deemed necessary in the sole discretion of the County.
7.5. Drug-Free Workplace Act of 1988:
7.5.1. The Subrecipient will comply with the Drug-Free Workplace Act of 1988,
P.L. 100-690, and shall certify that they will maintain a drug-free work
place, develop and adopt a written policy and implement organizational
policies and procedures as required by the Drug-Free Workplace Act of
1988, related laws and regulations.
7.6. Exhibits:
7.6.1. Any exhibits, attachments or addenda referred to herein and/or attached
to this Agreement and any Amendments hereto, are incorporated herein
as if set forth in full.
8. ACCESS, EXAMINATION, AUDIT,AND MONITORING
8.1. The County shall provide technical assistance to the Subrecipient, to the extent
practicable, regarding compliance with federal program requirements throughout
the project period. The County will monitor the performance of services and
evaluate accomplishments and compliance with the terms of this Agreement
throughout the project period. Monitoring may include a visit to the project site or
to the Subrecipient organization.
8.2. The Subrecipient shall cooperate with the County or its agent in the evaluation of
Subrecipient's performance under this Agreement and make available all
information reasonably required by any such evaluation process. The results
and records of said evaluations shall be maintained and disclosed in accordance
with RCW 42.56 and/or 5 USC 552 (Freedom of Information Act).
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8.3. The Subrecipient shall provide right of access to its facilities, including those of
any subcontractor, to the County, the state, and/or federal agencies or officials at
all reasonable times in order to monitor and evaluate the services provided for
herein. The County shall provide reasonable notice of any County monitoring or
evaluation, unless the County has reason to believe that monitoring without
notice is necessary. The County shall monitor the Subrecipient programmatically
and financially on site within the sole discretion of the County. The Subrecipient
shall make available to the County, the state auditor, and/or HUD all records,
books or pertinent information which Subrecipient shall have kept pertaining to
this Agreement and as required by this Agreement, Federal law and/or
Washington law. Subrecipient shall also furnish such progress reports,
schedules, financial and costs reports, and other such program or fiscal data
reasonably required to evaluate the performance of this Agreement.
8.4. The Subrecipient shall respond timely and accurately to requests from the
County to provide information necessary to respond to inquiries from HUD or
other entities having authority to make such request.
8.5. The Subrecipient agrees to notify the County in advance of any state or other
formal inspections, audits, accreditation or program reviews and provide to the
County copies of said review, including any final written plan of correction or
other written response, within thirty (30) days of receipt.
8.6. This section shall remain effective pursuant to 24 CFR 570.
9. SUSPENSION AND TERMINATION
9.1. This Agreement may be suspended or terminated in whole or in part as follows:
9.1.1. By fulfillment. The Agreement will be considered to be terminated upon
fulfillment of its terms and conditions;
9.1.2. By mutual consent. The Agreement may be terminated or suspended, in
whole or in part, at any time, if both Parties consent to such termination
or suspension. The conditions of the suspension or termination shall be
documented in a written amendment to this Agreement;
9.1.3. For cause. The County may suspend or terminate this Agreement in
whole or in part, for cause, when the Subrecipient has failed in whole or
in part to meet its commitments and obligations as outlined in this
Agreement and/or when the County deems continuation to be detrimental
to its interests.
9.2. The suspension process may include, but is not required to include, the following
steps:
9.2.1. When an issue involving non-performance or insufficient performance
arises, the County will engage in informal discussions with the
Subrecipient. The Subrecipient shall correct any deficiencies in
performance. Technical Assistance, to the maximum extent practicable,
will be provided by the County to help the Subrecipient successfully
conduct the activity.
9.2.2. If informal discussion does not result in improved performance, the
County may schedule a monitoring visit to review the area of
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performance that must be improved. A written report will be provided to
the Subrecipient which will outline the results of the monitoring and
identify the specific performance deficiencies. The Subrecipient shall
respond to the report with a proposed course of corrective action and a
time frame in which to implement corrective actions.
9.2.3. If the Subrecipient fails to improve the performance problem area, the
Subrecipient will be notified by the County in writing, that the Agreement
is suspended. CDBG funds may not be expended for any activities that
have been suspended.
9.2.4. Suspension will (except in the case of illegal or improper action) include
an identification of the specific performance deficiencies, the required
course of corrective action, and a timeline for achieving the corrections.
Corrective action plans shall require a fifteen (15) to sixty (60) day period
of resolution (within the County's discretion, depending upon the
performance issue).
9.2.5. Suspension will only be lifted by the County upon Subrecipient's
correction of the deficient performance to the County's satisfaction as
evidenced by a written release from the Director of the CSHCD.
9.2.6. The suspended Subrecipient may not enter into any subsequent
Subrecipient Agreement with the County (even for another project or
different year's HOME or CDBG funding).
9.2.7. Subject to the suspension process described above termination will occur
when corrective action is not completed in a timely fashion as prescribed.
9.2.8. Improper or illegal use of funds will result in immediate suspension and/or
termination within the County's sole discretion. Suspension and/or
Termination in this case may be initiated by telephone or personal contact
with a written confirmation to Subrecipient within five (5) business days.
The confirmation of suspension and/or termination to Subrecipient shall
specify the reasons for suspension and/or termination and notify the
Subrecipient of the County's future course of action regarding the
improper or illegal action.
9.2.9. Illegal or improper mishandling of funds or conduct which endangers,
discriminates against, or otherwise subjects project beneficiaries to harm,
may also result in a report of the conduct to appropriate legal authorities.
9.3. The County reserves the right to terminate this contract, in whole or in part,
immediately upon receipt of notice to the Subrecipient, in the event expected or
actual funding to the County from the Federal government or other sources is
withdrawn, reduced or eliminated.
9.4. In the event of suspension, further payment may be withheld until the
Subrecipient takes corrective action or the County terminates the Agreement.
9.5. In the event of termination, County will notify the Subrecipient in writing of its
determination to terminate, the reason for such termination, and the effective
date of the termination.
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9.6. Upon termination an accounting shall be done to determine what, if any,
payments are due to the Subrecipient or what, if any, refund is due from the
Subrecipient.
9.7. Actions by either party under this Article shall not constitute a waiver of any right
or claim by either party arising from this Agreement.
10. DISPUTE RESOLUTION
10.1. The Subrecipient and the County shall work together in good faith to resolve any
disputes about their contractual relationship under this Agreement. If the Parties
are unable to resolve a dispute arising from this Agreement within fifteen (15)
days following the date one Party sends written notice of the dispute to the other
Party, the dispute may be submitted by either party to the Director of the CSHCD
("Director").
10.2. The Director's decision shall be made within ten (10) business days of receipt of
the dispute, unless circumstances warrant a reasonable delay in said response.
10.3. Either party shall have the right to pursue relief in a court of competent
jurisdiction, if the Director does not resolve the dispute to their satisfaction. The
Parties may mutually agree to resolve the dispute through an alternative dispute
resolution mechanism, including but not limited to arbitration or mediation.
10.4. In any dispute arising in connection with this Agreement, each Party shall be
required to pay its own costs and expenses, including attorney's fees incurred in
connection therewith, in preparation therefore and on appeal therefrom and in
any bankruptcy proceeding related thereto.
11. SEVERABILITY
11.1. If any provision of this Agreement, or portion thereof is held invalid by any court
of rightful jurisdiction, the remainder of this Agreement shall not be affected,
providing the remainder continues to conform to applicable Federal and State
law(s) and regulations and can be given effect without the invalid provision.
12. MAINTENANCE AND RETENTION OF RECORDS AND REPORTS
12.1. The Subrecipient shall maintain such program records as may be required by
applicable Federal, State and County regulations, all of which are incorporated
herein by reference.
12.2. Records Maintenance:
12.2.1. Subrecipient shall maintain accounts and records, including personnel,
property, financial and programmatic records, and other such records as
may be reasonably required by CSHCD to ensure proper accounting for
all Agreement funds and compliance with this Agreement.
12.2.2. Fiscal books, records, documents, reports and other data shall be
maintained in a manner consistent with generally accepted accounting
principles and retained for a period prescribed by any applicable tolling or
other statue, but in no instance less than six (6) years after termination of
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this Agreement.
12.2.3. Subrecipient shall provide a written Records Maintenance Policy and
Procedures which will cover records storage, retention, and disposition
procedures.
12.2.4. For the same period, Subrecipient shall maintain records sufficient to
substantiate CSHCD's statement of its organization's structure, tax
status, capabilities, and performance.
12.2.5. Subrecipient shall deliver to CSHCD upon request all Board of Directors
meeting minutes, and other committee or subcommittee minutes where
activity under the Agreement was discussed. Subrecipient shall have the
right to redact out information that does not relate to activity under this
Agreement.
12.2.6. Maintain records in a manner consistent with requirements of 24 CFR
570.506.
12.3. Records Retention:
12.3.1. During the term of this Agreement and for six (6) years following
termination or expiration of this Agreement, or the period of time specified
at 24 CFR 85.42 as modified by 24 CFR 570.502(a)(16) OR 24 CFR
84.53 (b) as modified by 24 CFR 570.502(b)(3)(ix)(A) and (B), whichever
period is longer, or if any audit, claim, litigation, or other legal action
involving the records is started before expiration of the six (6) year period,
the records shall be retained until completion and resolution of all issues
arising there from or until the end of the six (6) year period, whichever is
later.
12.3.2. The Subrecipient shall maintain records sufficient to:
12.3.2.1. Document performance of all acts required by law, regulation, or
this Agreement;
12.3.2.2. Substantiate the Subrecipient's statement of its organization's
structure, tax status, capabilities, and performance; and
12.3.2.3. Demonstrate the accounting procedures, practices, and records
that sufficiently and properly document the Subrecipient's invoices
to the County and all expenditures made by the Subrecipient to
perform as required by this Agreement.
12.3.3. The Subrecipient shall cooperate in all reviews, including but not limited
to, surveys, and research conducted by HUD.
12.3.4. Evaluations under this Agreement shall be done by inspection or other
means to measure quality, appropriateness, and timeliness of services,
and to determine whether the Subrecipient are providing service to
individuals in accordance with the requirements set forth in this
Agreement and applicable State and federal regulations as existing or
hereafter amended.
12.3.5. Subrecipient shall maintain books, records, documents, and other
materials relevant to this Agreement which sufficiently and properly reflect
all payments made.
CDBG 14-13 Subrecipient Agreement
Page 12 of 22
12.3.6. Project shall include evidence of benefit to low and moderate income
persons, description of the work, financial records (source and use of
funds, authorization to expend funds, obligations, unobligated balance,
assets, liabilities, outlays and income), property acquisition, fair housing,
equal opportunity, property disposition, etc. The public shall be granted
reasonable access to all "public records" pursuant to RCW 42.56 and/or
5 USC 552.
13. REPORTS
13.1. At a minimum, the Subrecipient will submit, with the first request for
reimbursement, documentation and descriptions of project costs including
formulas for allocated prorated portions of operating costs, procurement costs or
other costs not wholly supported by CDBG funds. Documentation will include
time studies or employee time sheets, job descriptions or contracts, indirect cost
allocation plans or other requested documentation helpful to the County in
determining the eligibility of costs. Each successive request for reimbursement
will include, at a minimum, back up documentation for costs incurred.
13.2. Subrecipient shall prepare, complete and submit reports and other information as
required by the County to demonstrate compliance with applicable regulations,
eligibility of activities and costs, and project performance standards as described
in this document. Failure to prepare and submit required reports and documents
will constitute a breach of the performance of this Agreement and lead to
suspension and/or termination of the Agreement pursuant to the terms of this
Agreement.
13.3. The Subrecipient shall:
13.3.1. Report to the County and obtain approval of the procurement process
employed by Subrecipient prior to awarding a contract for professional or
construction services or purchase of materials.
13.3.2. Prepare and submit to the County, when applicable, construction
specifications, project plans, bid packets and other documentation prior to
the execution of that project component. Prior to solicitation of any bids
the Subrecipient will obtain from the County, the appropriate federal wage
rates and labor standards documentation to be included in the bid
package for any projects covered under the Davis-Bacon Act.
13.3.3. Obtain and submit records acquired from construction contractors and
subcontractors, that document compliance with the Davis-Bacon Act, as
amended, the Copeland Act, the Contract Work Hours and Safety
Standards Act and Prevailing Wages, RCW 39.12.
13.3.4. Report to the County, methods used to implement Fair Housing Laws and
affirmatively market services to otherwise qualified persons, without
regard to age, sex, color, ethnic origin, religion, disability or familial
status.
13.3.5. Include identification of the County CDBG funding on all printed
materials, including signage, books, reports, pamphlets, brochures,
posters and articles, published and circulated for the purpose of
describing, evaluating, or publicizing services or activities funded under
CDBG 14-13 Subrecipient Agreement
Page 13 of 22
this Agreement.
13.3.6. Submit project progress, project benefit, and project financial reports
within the timelines presented below.
13.3.7. At the earliest date during and/or after completion of the project, submit
to the County an audit report of the project, for the project period if
applicable. Refer to Section 8. Access, Examination, Audit, and
Monitoring, for instructions regarding audit requirements.
13.4. Reports will be submitted in the formats provided by the County which are
attached to this Agreement as Exhibits C and D:
13.4.1. Quarterly Progress Reports, (Exhibit C); and
13.4.2. End of Project Year Report no later than July 31, 2015 (Exhibit D).
13.5. All reports unless otherwise specifically noted will be due by the 15th of each
month and will contain data obtained during the preceding month, or other
indicated reporting period. Any reports provided by the Subrecipient may be
forwarded to the Board of Spokane County Commissioners, HUD, and the
Housing and Community Development Advisory Committee to document
performance.
13.6. Additional reports may be requested from the Subrecipient, if necessary to
comply with federal requirements.
13.7. Reimbursement for project costs incurred will be contingent upon the
submission of required reports. Failure to notify a subrecipient of the
lateness of required reports does not release the subrecipient from the
responsibility for their timely submittal.
14. PROCUREMENT AND SUBCONTRACTS
14.1. All procurement actions and subcontracts shall be in accordance with applicable
State and Federal law relating to contracting by public agencies. For
procurement actions requiring a written contract, the Subrecipient may, upon the
County's specific written approval of the contract instrument, enter into any
subcontract or procurement action authorized as necessary for the successful
completion of this Agreement. The Subrecipient will remain fully obligated under
the provisions of this contract Agreement not withstanding its designation of any
third party to undertake all or any of the Project. The Subrecipient may not
award or permit an award of a contract to a party that is debarred, suspended or
ineligible to participate in a Federal program.
14.2. The Subrecipient will submit to the County, the names of contractors, prior to
signing contracts, to ensure compliance with 24 CFR Part 24 and 2 CFR Part
180, "Debarment and Suspension".
14.3. The Subrecipient will consult with Spokane County to develop a plan of action to
comply with Executive Orders 11625, 12138 and 12432 and Public Law 95-507
dealing with the use of minority and woman owned business enterprises.
CDBG 14-13 Subrecipient Agreement
Page 14 of 22
15. INDEMNIFICATION AND INSURANCE
15.1. The Subrecipient and its employees, volunteers, contractors or consultants shall
carry throughout the duration of this Agreement, General Liability Insurance,
Comprehensive Automobile Liability Insurance and other such coverage as may
be appropriate or required by State or Federal law, for the services to be
performed. Properties improved, acquired or rehabilitated with CDBG funds will
be insured until such time that the final disposition of the property occurs.
Copies of insurance policies and/or evidence of insurance shall be provided to
the County upon request.
15.2. Indemnification
15.2.1. The Subrecipient shall protect, defend, indemnify, and hold harmless the
County, its officers, employees, and agents from any and all costs,
claims, judgments, and/or awards of damages, arising out of, or in any
way resulting from, the negligent and/or intentional acts or omissions of
Subrecipient, its officers, employees, and/or agents in connection with, or
in support of, this Agreement. Subrecipient agrees that its obligations
under this subparagraph extend to any claim, demand, and/or cause of
action brought by, or on behalf of, any of its employees or agents against
the County, in connection with, or in support of the performance of this
Agreement. For this purpose, the Subrecipient, by mutual negotiation,
hereby waives, as respects the County only, any immunity that would
otherwise be available against such claims under the Industrial Insurance
provisions of Title 51 RCW. In the event the County incurs any judgment,
award, and/or cost arising therefrom, including attorney's fees, to enforce
the provisions of this article, all such fees, expenses, and costs shall be
recoverable from Subrecipient.
15.2.2. The County shall protect, defend, indemnify, and hold harmless the
Subrecipient, its officers, employees, and agents from any and all costs,
claims, judgments, and/or awards of damages arising out of, or in any
way resulting from, the negligent acts or omissions of the County, its
officers, employees, or agents. The County agrees that its obligations
under this subparagraph extend to any claim, demand, and/or cause of
action brought by, or on behalf of, any of its employees or agents. For
this purpose, the County, by mutual negotiation, hereby waives, as
respects Subrecipient only, any immunity that would otherwise be
available against such claims under the Industrial Insurance provisions of
Title 51 RCW. In the event Subrecipient incurs any judgment, award,
and/or cost arising therefrom, including attorney's fees, to enforce the
provisions of this article, all such fees, expenses, and costs shall be
recoverable from the County. For the purposes of this Agreement, the
Subrecipient and its subcontractors shall not be considered agents of the
County.
15.2.3. THE COUNTY AND THE SUBRECIPIENT ACKNOWLEDGE THAT THE
INDEMNIFICATION PROVISIONS OF THIS SECTION WERE
SPECIFICALLY NEGOTIATED AND MUTUALLY AGREED UPON BY
THEM. The Subrecipient's duties under this section shall survive
expiration or earlier termination of the Agreement.
CDBG 14-13 Subrecipient Agreement
Page 15 of 22
15.3. Insurance
15.3.1. The Subrecipient shall furnish and maintain all insurances as required
herein and comply with all limits, terms and conditions stipulated therein,
at their expense, for the duration of the Agreement. Following is a list of
requirements for this Agreement. Any exclusion must be approved by the
Spokane County Risk Management Department. Work under this
Agreement shall not commence until evidence of all required insurance
and bonding is provided to the County of Spokane. The Subrecipient's
insurer shall have a minimum A.M. Best's rating of A- and shall be
licensed to do business in the State of Washington. Evidence of such
insurance shall consist of a completed copy of the certificate of
insurance, signed by the insurance agent for the Subrecipient and
returned to the Spokane County Department with whom the Agreement is
executed. The insurance policy or policies will not be cancelled,
materially changes or altered without forty-five (45) days' notice submitted
to the department with whom the Agreement is executed. The policy
shall be endorsed and the certificate shall reflect that the County of
Spokane is an additional named insured on the Subrecipient's general
liability policy with respect to activities under the Agreement. The policy
shall provide and the certificate shall reflect that the insurance afforded
applies separately to each insured against whom claim is made or suit is
brought except with respect to the limits of the company's liability.
15.3.1.1. Self-insurance through the Washington State Risk Pool for
Washington State Government Agencies is sufficient to meet the
insurance requirements above.
15.3.2. The policy shall be endorsed and the certificate shall reflect that the
insurance afforded therein shall be primary insurance and any insurance
or self-insurance carried by the County shall be excess and not
contributory insurance to that provided by the Subrecipient.
15.3.3. The Subrecipient shall not commence work, nor shall the Subrecipient
allow any subcontractor to commence work on any subcontract until a
Certificate of Insurance, meeting the requirements set forth herein, has
been approved by Spokane County Risk Management Department and
filed with the department with whom the Agreement is executed. Upon
request, the Subrecipient shall forward to the Spokane County Risk
Management Department the original policy, or endorsement obtained, to
the Contractor's policy currently in force.
15.3.4. Failure of the Subrecipient to fully comply with the insurance
requirements set forth herein, during the term of the Agreement, shall be
considered a material breach of contract and cause for immediate
termination of the Agreement at the County's discretion. Alternatively the
County may procure and maintain, at the Subrecipient's sole expense,
insurance to the extent deemed proper up to the amount of the required
coverage(s). The County may offset the cost of such insurance against
payment due to the Subrecipient under the Agreement.
15.3.5. Providing coverage in the amounts listed shall not be construed to relieve
the Subrecipient from liability in excess of such amounts.
CDBG 14-13 Subrecipient Agreement
Page 16 of 22
15.3.6. REQUIRED COVERAGE: The insurance shall provide the minimum
coverage as set forth below.
15.3.6.1. General Liability Insurance: The Subrecipient shall carry, for the
duration of this Agreement, General Liability Insurance in the
amounts of One Million Dollars ($1,000,000.00) Per Occurrence
with no deductible; General Aggregate Two Million Dollars
($2,000,000.00). The policy shall include general liability arising
out of premises, operations, independent contractors, products,
completed operation, personal injury, fire damage, advertising
injury, medical expense, and liability assumed under and insured
contract.
15.3.6.2. Additional Insured Endorsement: General Liability Insurance must
state that Spokane County, its officers, agents and employees,
and any other entity specifically required by the provisions of this
Agreement will be specifically named additional insured(s) for all
coverage provided by this policy of insurance and shall be fully
and completely protected by this policy from all claims. Language
such as the following should be used "Spokane County, its
Officers,Agents and Employees are Named Additional Insured".
15.3.6.3. Proof of Automobile Insurance: The Subrecipient shall carry, for
the duration of this Agreement, comprehensive automobile liability
coverage of One Hundred Thousand Dollars / Three Hundred
Thousand Dollars ($100,000.00/$300,000.00), and property
damage coverage of Fifty Thousand Dollars ($50,000.00), for any
vehicle used in conjunction with the provision of services under
the terms of this Agreement. Said policy shall provide that it shall
not be cancelled, materially changed, or renewed without forty-five
(45) days written notice thereto to Spokane County.
15.3.6.4. Workers Compensation: When the Subrecipient has employees
of the company, the Subrecipient shall show proof of Worker's
Compensation coverage by providing its State Industrial Account
Identification number. Provision of this number will be the
Subrecipient's assurance that coverage is in effect.
15.3.6.5. Professional Liability Insurance: The Subrecipient shall carry
Professional Liability Insurance coverage in the minimum amount
of One Million Dollars ($1,000,000.00) Per Occurrence; Three
Million Dollars ($3,000,000.00) aggregate covering Spokane
County.
15.4. Waiver of Subrogation. The County shall not be liable to the Subrecipient or to
any insurance company (by way of subrogation or otherwise) insuring the
Subrecipient for any loss or damage to any person, building, structure or tangible
personal property of the other occurring as a result of activity under the
Agreement, even though such loss or damage might have been occasioned by
the negligence of the County, its agents or employees, if such loss or damage is
covered by insurance benefiting the Subrecipient suffering such loss or damage
was required to be covered by insurance under terms of the Agreement.
Subrecipient shall cause each insurance policy obtained by it to contain this
waiver of subrogation clause.
CDBG 14-13 Subrecipient Agreement
Page 17 of 22
16. CODE OF CONDUCT AND CONFLICT OF INTEREST
16.1. The Parties hereto shall maintain a Code of Conduct which governs the perfor-
mance of employees, agents, consultants, officers, or elected or appointed
officials who: 1) exercise any function or responsibility with respect to the award
or administration of contracts or procurement actions funded in whole or in part
by funds made available hereunder or 2) are in a position to participate in a
decision making process or gain inside information with regard to such activities.
These individuals are prohibited from obtaining a personal or financial interest or
benefit from any activity, or having an interest in any contract, subcontract or
agreement with respect thereto, or the process thereunder, either for themselves
or their family or business ties during their tenure or for a one (1) year period
thereafter.
16.2. The Subrecipient organization/agency shall adopt such Code of Conduct within
thirty (30) days of the execution of this Agreement if a Code of Conduct
described in the preceding paragraph is not already in effect.
16.3. In the performance of the Agreement, Subrecipient agrees to comply with all
applicable laws and regulations that may pertain to conflicts of interest. These
include any applicable provisions of RCW Title 42. Any violation of this section
shall constitute a material breach of this Agreement, allowing the County to
terminate the Agreement pursuant to the terms hereof.
17. POLITICAL ACTIVITY AND LOBBYING
17.1. No portion of the funds provided hereunder shall be used for any partisan
political activity or to further the election or defeat of any candidate for public
office or influence or defeat of any ballot issue. No member or delegate to the
Congress of the United States of America, nor resident Commissioner, nor any
other Federal official shall be admitted to any share or part of the Federal funds
provided by this Agreement.
17.2. The Subrecipient will comply with the requirements set forth in Section 1352,
Title 31, U.S. Code that prohibit the use of Federally appropriated funds to
influence or attempt to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the awarding of any Federal contract, the making
of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment,
or modification of any Federal contract, grant, loan, or cooperative agreement.
17.3. According to federal regulations, as outlined in 24 CFR 87, Subrecipients of One
Hundred Thousand Dollars ($100,000.00) or more in federal funding must certify
that federal funds will not be used for lobbying or any other attempts to influence
agency employees, officers, members, or employees of Congress in connection
with the making of federal loans, grants, or agreements. During the 2014-2015
program year, if the Subrecipient will receive One Hundred Thousand Dollars
($100,000.00) or more in CDBG funds, they are therefore affected by this
compliance requirement. Subrecipients must also report their lobbying efforts
(supported by non-federal funds) by completing the Disclosure of Lobbying
Activities, Standard Form LLL and LLL-A. Copies of this form are also enclosed
CDBG 14-13 Subrecipient Agreement
Page 18 of 22
for your use if your organization is involved in lobbying federal agencies,
personnel, members of Congress, or Congressional employees.
17.4. Pursuant to Section 1352, title 31, U.S. Code, subrecipient lobbying activity
funded by other than federally appropriated funds, shall be reported.
17.5. To comply with this regulation, the Subrecipient will complete and return
Certification Regarding Lobbying for Grants and Cooperative Agreements,
Disclosure of Lobbying Activities, Standard Form LLL and LLL-A(Exhibit E).
17.6. The Subrecipient shall require that the language of this section be included in the
award documents for all sub-awards at all tiers (including subcontracts, sub-
grants, and contracts under grants, loans, and cooperative agreements) and that
all subcontractors shall certify and disclose accordingly.
18. ORDER OF PRECEDENCE
18.1. The Agreement is entered into pursuant to and under the authority granted by
the laws of the State of Washington and any applicable federal laws. The
provisions of this Agreement shall be construed to conform to those laws.
18.2. In the event of any inconsistency in the terms of this Agreement or between its
terms and any applicable statute or rule, the inconsistency shall be resolved by
giving precedence in the following order:
18.2.1. Applicable Federal Statutes and Regulations,
18.2.2. Applicable State Statutes and Regulations;
18.2.3. HUD Contract No.: B-14-UC-530004; and
18.2.4. Express terms of this Agreement and any amendments.
19. JURISDICTION
19.1. This Agreement shall be governed by the law and statutes of the State of
Washington. Venue for any action hereunder shall be in the Superior Court for
Spokane County, Washington.
20. COMPLIANCE WITH FEDERAL REGULATIONS
20.1. The Subrecipient and all its consultants and contractors shall comply with the
following State and Federal laws, regulations and County policies as they pertain
to project compliance and shall include notification and/or documentation as
required by the County (Said laws and regulations are incorporated herein and
made a part hereof by reference).
20.2. Civil Rights, Equal Opportunity and Affirmation Action
20.2.1. Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and Section 109 of
the Housing and Community Development Act of 1974 as amended
relating to nondiscrimination in performance of this project and to the
benefits deriving from it, and regulations issued pursuant thereto (24 CFR
Parts 1 and 570 and RCW 49.60).
CDBG 14-13 Subrecipient Agreement
Page 19 of 22
20.2.2. Section 504 of the Rehabilitation Act of 1973 (P.L. 93-112) as amended,
dealing with employment of handicapped persons and program benefits
to handicapped persons and regulations issued pursuant thereto, and
accessibility for handicapped persons (RCW 1927 and RCW 70.92).
20.2.3. The Age Discrimination Act of 1975, as amended (P.L. 94-135), and
regulations issued pursuant thereto.
20.2.4. Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of
1974, dealing with employment of Veterans, Disabled Veterans and
Veterans of the Vietnam Era and regulations issued pursuant thereto.
20.2.5. Section 3 of the Housing and Community Development Act of 1974 as
amended, and regulations issued pursuant there to (24 CFR Part 135),
dealing with employment of County low income residents as employees
and use of County businesses as contractors, subcontractors, and
suppliers.
20.2.6. Executive Order 11246 dealing with nondiscrimination in employment as
a result of Federally assisted construction contracts as amended by
Executive Orders 11375 and 12086, and regulation issued pursuant
thereto (41 CFR Chapter 60).
20.2.7. Subrecipient's who receive CDBG funds and who deliver human services
to low and moderate income persons, will be required to affirmatively
market such services to persons in Spokane County regardless of race,
religion, sex, age, national origin, color, handicap, or familial status. Such
affirmative marketing will be documented and submitted to the County as
part of the required monthly beneficiary and progress reports.
20.3. Labor Standards
20.3.1. Labor standards and wage rate requirements set forth in Section 110 of
the Housing and Community Development Act of 1974, as amended, 24
CFR 570.605 and HUD regulations issued pursuant there to, including
the Davis-Bacon Act as amended, the Copeland Act and the Contract
Work Hours and Safety Standards Act and Prevailing Wages, RCW
39.12.
20.4. Real Property Acquisition, Displacement and Relocation Assistance
20.4.1. Relocation requirements of Title II and acquisition requirements of Title Ill
of the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, and regulations issued pursuant thereto (24 CFR
Part 42).
20.4.2. Spokane County's Displacement and Relocation Policy relating to
persons affected by Community Development Block Grant activities.
20.5. Environmental Protection
20.5.1. Executive Order 11988 relating to evaluation of flood hazards and Execu-
tive Order 11288 relating to the prevention, control and abatement of
water pollution.
20.5.2. Flood insurance purchase requirements of Section 102 and 202(a) of the
Flood Disaster Protection Act of 1973 (P.L. 93-234).
CDBG 14-13 Subrecipient Agreement
Page 20 of 22
20.5.3. Lead Based Paint Poisoning Act (42.U.S.C. 4801 et seq.) and regulations
issued pursuant thereto (24 CFR Part 35 Subpart B).
20.6. Purchase and Improvement of Property Acquired and/or Improved with CDBG
Funds
20.6.1. Any property under the Subrecipient's control, that is acquired or
improved, in whole or in part, with CDBG funds in excess of Twenty-Five
Thousand Dollars ($25,000.00) is subject to the regulation at 24 CFR
Part 570.503 (b) (8) Reversion of Assets, which requires property
acquired or improved with CDBG funds to be used for a purpose which
meets a national objective for a period of five (5) years from the
expiration of this agreement. Disposition of any property acquired or
improved with CDBG funds during the five (5) year period requires
repayment of the CDBG funds to Spokane County. Such property
disposition will be reported to the County within thirty (30) days of the
intent to dispose of said property.
20.6.2. At a minimum, all property acquired and/or improved with CDBG funds
will be inventoried and reported on an annual basis by the Subrecipient.
A letter detailing the current usage and status of said property will be sent
to the County. The report shall be required for a period of five (5) years
from the expiration of this Agreement. Promissory Notes, Deeds of Trust
or other documents may additionally be negotiated as a term for receipt
of funds.
20.6.3. If the Subrecipient intends to dispose of a property acquired and/or
improved with CDBG funds, it will be incumbent on the Subrecipient to
report, in writing, to the County, such intent to dispose of said property
thirty (30) days prior to the negotiation and/or agreement to dispose of
said property.
20.7. Additional Conditions for Municipal Subrecipients
20.7.1. In accordance with section 906 Cranston-Gonzales National Affordable
Housing Act, the City of Spokane Valley certifies that it has adopted and
is enforcing a policy prohibiting the use of excessive force by law
enforcement agencies within the City's jurisdiction against any individuals
engaged in nonviolent civil rights demonstrations.
20.7.2. The City of Spokane Valley certifies that it has adopted and is enforcing a
policy enforcing applicable State and Local laws against physically
barring entrance to or exit from a facility or location which is the subject of
nonviolent civil rights demonstrations within the City's jurisdiction.
21. PROPRIETARY RIGHTS
21.1. The County and HUD hereby retain a nonexclusive, royalty free, and irrevocable
right to duplicate, use for their own purposes, disseminate, disclose, or authorize
others to utilize any copyrighted or copyrightable work developed or purchased
with CDBG funds.
CDBG 14-13 Subrecipient Agreement
Page 21 of 22
22. MISCELLANEOUS
22.1. Further Documentation. Subrecipient agrees to execute, acknowledge, and
deliver upon reasonable request by the County any document, which the County
reasonably deems necessary or desirable to evidence or effectuate the rights
herein conferred or to implement or consummate the purposes and intents
hereof.
22.2. Headings. The headings are for convenience only and do not in any way limit or
affect the terms and provisions hereof.
22.3. Calculation of Time Periods. Unless otherwise specified, in calculating any period
of time described in this Agreement, the day of the act or event after which the
designated period of time begins to run is not to be included and the last day of
the period so computed is to be included, unless such last day is a Saturday,
Sunday, or County holiday, in which case the last day of the period shall be the
next business day. The final day of any such period shall be deemed to end at 5
o'clock p.m., Pacific Time.
22.4. Time of Essence. Time is of the essence of this Agreement.
22.5. Gender and Grammar. Wherever appropriate in this Agreement, the singular
shall be deemed to refer to the plural and the plural to the singular, and pronouns
of certain genders shall be deemed to include either or both of the other
genders.
CDBG 14-13 Subrecipient Agreement
Page 22 of 22
14-13
COMMUNITY DEVELOPMENT BLOCK GRANT
SUBRECIPIENT AGREEMENT
EXHIBIT A
Grant Application
Exhibit A
Page 1 of 1
COMMUNITY DEVELOPMENT Community Services,Housing,and Community
5, BLOCK GRANT PROGRAM ;Development Department Office Use Only
`,Project Name:
1 312 W.8Th AVENUE Project Number:
SPOKANE,WA 99204 ����`
(509)477-5722, TDD:(509)477-5722 l�
FAX#(509)477-2561
1 GRANT APPLICATION NOV 0 8 2013
201412015 PROGRAM YEAR '8
Pokow
11 r MEtvr
A. PROJECT SUMMARY:
el
1. Applicant:City ofS 'kane Vall .�,t .w. - '
Contacts: Scott Kuhta N .E' - 'Phone ;509-72Q-5334
Steve Worley: uF =. . - '`Phone509-720-5014
E-mail: skuhta@spakanevallgy:org jFaic 509-688-0261
Mailing Address11707ESprague Ave,Suite'a106 Spokane valley WA 99206
3 Street Address: 11707rE::.Sprague, ve, uite106 Spokane Valley uA 99206
2. Priority Need Addressed Objective AR1. 7Improves Infrastructure and/or physical environment;
, e:3,,
r
Development Needs.`Infra'sstructureSidewalk,and Public Facility Architectural barrier removal.
3. Target PopulatiOnt «Area WidetBenefit,residents of Spokane Valley, WA>>
ri ;3
4. protect Location «Sp Ave(Appleway Ave to Ames La),�Long Rd(Sprague Ave to School)>>
5. proposed Activity.«Construct new sidewalk with barrier curb'and curb ramps to'complete ADA
i accessible route>>
6. Estimated UndunlicatediBeneficiaiies
,- n/a =n/a ''� °.� Ana or ®Area-Wide Benefit
0-30e%o MFI ' "31-50% 51 80%MFI LI1+tI%51.3
l' 7. Proposed Time'Frame fon.Completloin of Project:July 2014 June 2015
3
8. Amount of CDBG Funds"Requested.$261:794
The Signature below certifies that the'applicatifyiol conduct the proposed ec viry itilio 1 ocnuon,manner,time,and within the budget
presented. It alio'certifies that theproposed activity addresses a high Trio_ County CDBG objective for the proposed beneficiaries.
Theapplicant also mises,thatt`CDBG�fhndi'�will'be used in the manner described and(Mil ibe used to reimburse those eligible
ailY,.
m oasts gibed in he n1 pc t Pte► r tt!' tit ewes( i;ie 1 of funds pi scetee1 in the budget orilt be
t. ob ed and used for the project. -- `'
1111.% "..lc - r.- &77 til/ ,,, r
"Si tare •• ...'O l ia1 Ti y�
'!��'c ( ,7
Name(please,`prmt or type) Date
Type of Appltcant'1Munlcipality Organization's Federal ID#.710914170
(IVot it-Pies,for-profit,srunlclpa1ity SpecialPurpose Dt rrkr,,etc.) Organization's DUNS#: 168240617
P:\Public Worb�tal SProjecd\Project Funding Apphcations12013 Applications\FY 2014 CDBG Apps\Spiague-Long App`Padret12014
Sjmg i;torieCDBGGen Af p'l.`doc
4
4pokame Caw*
COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM
312 W.8TH AVENUE r
SPOKANE,WA 99204
(509)477-5722, TDD:(509)477-5722
FAX#(509)477-2561
B. PROPOSED PROJETSI
CNFORMO :A,TI ,
•
i
1. Need Category(s)to be addressed:(see pages 14-15 of Proposal Instructions and Selection Criteria): 11
E
<<Infrastructure:Sidewalks;Public Facility°Removal of Architectural Barriers
Removal of Architectural Barriers is classified as a"High"priority on HUD Table 2B of the County Consolidated
Plan. Sidewalks in the Cour Cansolidatted Plan are currently a"LOV;;;,"'firlOrity.However,the City of Spokane
Valley has developed a Bide . edestnan Master •Program that identified sidewalks •as a critical •need within f
the the City.ByResolution13�72 and agreement with Spokane County Board of •Commissioners,the City has
. been granted approval to pursue CDG funding for sidewalk projects As the price of owning and operating an
automobile rises and our pop on ages,safe and convenient access from low:and moderate•income
neigbbhorhoods to transit, s ces and schools is increasingly more important.>> t
2. Describe how this-applicationill further the applicable Guiding Principles of Consolidated Plan: it
Priority to Lowest-Income-Ensureithe needs of people with the lowest income are given priority consideration.
fr-
<<I'he proposed project is loc to 1 within an area where low-to-moderate inconme residents will be the primary
beneficiaries.>> -
Basic Support—Encourage,the focus ofpublic service resources on essential basic needs.
«Sidewalks are a basic infrastructureresource that are necessary to the virtality of neighborhoods.Providing safe, h
accessible routes and e i i. .t� .arriers-promotes non-vehicle transportation within tine community and
} accomodates pedestrians of all bilines aiid economic classes.>>
Citizen Participation-Provide opportu nities for all public to participate in;plan development,implementation and
evaluation. i
<<The City of Spokane Valley ado. .,a Bicycle and Pedestrian Master Program(BPMP)in 2011,now integrated
as a chapter in the City's Co.'. ,+ lye Plan. The BPMP process provide ample opportunity for citizen
involvement,including wod open houses and surveys. Over 900 pimple were on the program's contact 1,
database and over 350people dad to an online survey where mf ton was gathered on biking and walking
in the City. When asked tt whatp a vers a person,from biking or walking, - bverwhelmi ng 70%of the respondents
, said it was due to a lack of fa ilit "'I hrough this process,a map was ' that showed areas with missing
sidewalk connections,`nany of w}ric'lrre located in low and moderate income residential neighborhoods.A public P
hearing has tern held in cor�ji Ction with the preparation of the application to,gather input on community needs and
priorities.Additional opportunities for public comment will beheld during`the design phase of tlieproject.>> Et-
I-
;i'
Collaboration-Encourage public,private,-and non-profit sectors collaboration and reduce program duplication. x
<<The City will coordinate with Traffic,Stora water and Community Development Departments to identify i
additional infrastructure needs for thefproject that can be constructed at the same time to improvee
coordinate- this ors to Ietre economics of
tc-
scale. The City will also
purvey dentnPy patartral project impacts and
oppor mines fo p yba c o�o and prevent i rim enching work ager theproject is complete.
The city is also coordinating hien• ; tel ith t Centra hVal§ley.School District(cvsD)to ensure safe t
routes to schools aredx d ................gs ewalkprjects.>>
t
2
Spale
COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM
312 W.8N AVENUE
SPOKANE,WA 99204
(509)477-5722, TDD:(509)477-5722
FAX#(509)477-2561
Emphasize the Potential-Build upon available community assets,resources,plans and market forces.
<<The City has slowly expanded the backbone of its sidewalk system through road reconstruction projects and some
recent small sidewalk in-fill projects. New developments have also provided piecemeal expansion of the sidewalk
system. However,there are many large gaps between neighborhoods and popular destinations such as transit bus
routes and neighborhood commercial centers. Filling in these gaps to provide a complete sidewalk system is critical
to providing viable pedestrian facilities for LMI residents that need non-vehicle transportation alternatives.The
proposed project helps fill in these gaps in an LMI neighborhood that is well suited to benefit.
Leverage-Leverage limited resources by promoting partnership between organizations.
<<The proposed project leverages resources by stretching City Street Funds farther to expand its sidewalk system. r ;
Due to revenue and funding limitations,the City does not have adequate funds to address sidwalk needs in an
effective manner outside of street improvement projects. The Bicycle and Pedestrian Master Plan identified a large
number of gaps in the sidewalk system that are barriers to pedestrians and limit the effectiveness of the sidewalk
system. The CDBG funds help the City to complete critical sidewalk gaps that remove barriers in LMI areas that are
most likely to utilize and benefit from new sidewalks. >>
Measurable Results-Produce and evaluate measurable outcomes and results.
<<The proposed project will construct approximately 1,585 feet of ADA accessible sidewalk with curb ramps on
Sprague Ave and Long Rd. Analaysis shows that about 48 miles of sidewalks are needed in low and moderate
income residential neighbborhoods in Spokane Valley. >>
Comprehensive-Engage comprehensive strategies to address the holistic needs of a neighborhood,household or
individual.
� 4
<< Healthy,viable neightborhoods must meet the basic needs of its residents.The City generally has excellent s `.
water,sewer and street systems. However, there are large gaps In its sidewalk network. ADA accessible
sidewalks are vital to providing transportation alternatives to residents that either need or choose non-vehicle
transportation options. Developing sidewalks can also encourage residents to take more ownership in their
community which can help revitalize all aspects of an LMI neighborhood.
ti
The proposed project serves LMI residents who are more likely to need non-vehicle transportation
alternatives.The project connects the adjacent surrounding neighborhood to the commercial businesses along
Sprague Avenue and Appleway Ave.and STA transit route#98. The project also improves a walking route
for students traveling to and from Greenacres Elementary School located on Long Rd at the south of the
project limits and Greenacres Middle School located at the intersection of Appleway and Corbin Rd.at the
west end of the project >>
3. CDBG Program Goal&Objeetive(s)Addressed:(see pages I4-IS of Proposal Instructions and Selection
Criteria)
<<This area revitalization project improves infrastructure and the physical environment for the residents of the
Target Area by addressing pedestrian safety,access to services and other needs.
i
3
46itace Oasts
COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM
312 W.8 AVENUE
SPOKANE,WA 99204
(509)477.5722, TDD:(509)477-5722
FAX#(509)477-2561
% J
Goal: Revitalize areas by deVelo,ping apd/or improving infrastructure,neighborhoods or public facilities.
Objective ARI:improve the infrastructiue w `and/or physical environment.
Constructing an ADA accessible sidewalk with curb ramps will eliminate physical barriers and provide a safe travel
route for students and other pedesmans. It will provide infrastructure to help'serve all residents as well as improve
the overall appearance of the area>>
4. Effect on Identified Priority Need(s):
<<The proposed project will el lunate barriers to mobility impaired residents from accessing businesses and public
transit along Appleway Avenue It Will alsoprovide a safe walking route for students accessing the adjacent
elementary and middle schools:
It completes approximately 1;585 feet of new barrier curb and 5-ft wide sidewalk to complete a 0.3 mile section of
sidewalk aloag SpragueAd-a 0 25 section of sidewalk along Long Rd that connect the surrounding
neighborhood to the backbone,of the City's sidewalk network at Appleivay.Ave.
5. impact On Populations Served: r'
«Residents in the entire city benefit from an accessible pedestrian network. `
Constructing new ADAcompliant sidewalk facilities that extend safe accessible pedestrian routes will allow wheel
chair bound and other mobility unpaired residents to more easily travel to their destinations,encourage more use of
sidewalks and improve access to public transit.
The absence of a safe accessible route discourages many residents from non-vehicle transportation alternatives.
Wheelchair bound residents in paficular` must travel along the edge of the roadway which increases potential
vehicle-pedestrian conflicts:
The investment in the neighborhood's Infrastructure would likely enhance the property values in this target area and
provide an upgraded appearan to the arca. Another probable spin-off benefit.of the sidewalks would be a boost in
the pride of the neighboyhood fl bsi inhomeowners upgradingtheir individual properties.>>
4
StitaitoceCesuV
COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM
312 W.8m AVENUE
SPOKANE,WA 99204
(509)477-5722, IDD:(509)477-5722
FAX#(509)477-2561 •
PROPOSED ACTIVITIES DESCRIPTION. Continued
6. Project Description:
<<The proposed project will construct a new 5-ft wide ADA.compliant sidewalk with barrier curb and curb ramps
to fill in gaps along`SpragueAve from Appleway Ave to Artier Ln and along Long Rd from Sprague Ave to
Greenacres Elementary School CDBG.funds will be wed for design and construction engineering,right-of-way
procurement and construction`costs.»
7, project Management:
<<The City of Spokane Valley 11 provide project administration,design and construction management with in-
house staff. The City's staff.has excellent track record of adininistenng CDDG funded projects from design
through construction phases.'"
en 1 .
wellas era grant
Public Works Department staff will.,Provide the design and construction engineeringas g
administration and oversight: The City's Finance department will provide project and grant administration
accounting.»
8. Project Outcomes: :
<<The project will construct approximately 0.3 miles of new ADA accessible sidewalks to fill in sidewalk gaps
within the.project boundaries'The*Improvements,provide a safe,ADA accessible travel route;for pedestrians of all
physical abilities.The project'se ves both LMI residents within the large surrounding residential neighborhood and
students walking to the adjacent middle and elementary schools.>>
9. Project Atte atncws: j
<<Without full funding,the City would reduce the scope of work to fit within the available funds. Sections not
completed would be delayed"until additional funding could be secured. Funding would focus upon Sprague from
Appleway to Long Rd and Long Rd north of the school to Sprague Ave. The sidewalk section on Sprague east of
Long Rd would be the second tier priority.»
10. Conformance With Long Range Plans(3,e..Water Jan.Comprehensive Plan,Homeless Plan.etc):
<<This project conforms with the City of Spokane Valley's adopted Comprehensive Plan, Transportation
Improvement Program and Bicycle Anil Pedestrian MasterPlan.The.prolect is consistent with the Comprehensive
Plan and it's concurrency requirements"'and conforms with the
State's Growth Management Act
R
1
Spktriast Come,
COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM
312 W.8m AVENUE
SPOKANE,WA 99204
(509)477-5722, TDD:(509)477-5722
FAX 11(509)477-2561
C. PROJECT TIMELINE!BENEFIT SCHEDULE:
Determine project milestones and list dates and actions for a project activities. Include events that address
compliance needs. (Direct benefit activities (i.e., public service) must also provide an estimated
number of unduplicated beneficiaries(exclusive of City of Spokane)for each month.
Unduplicated
Prior to July 1,2014:
July,2014:
No.of Beneficiaries:
August,2014:
No.of Beneficiaries:
September,2014: Project Design Started
No.of Beneficiaries:
October,2014: Project Design
No.of Beneficiaries:
November,2014: Project Design
No.of Beneficiaries;
December,2014: Project Design
No.of Beneficiaries:
January,2015: Project Ads for Bid
No.of Beneficiaries:
February,2015: Project Awarded
No.of Beneficiaries:
March,2015: Construction Begins
No.of Beneficiaries:
April,2015: Construction
No.of Begefkiar1c j
May,2015: Construction Close Out
Yo.of Beneficiaries:
June,2025: Praia ct Complete
No.of Beneficiaries; e.
} i
}
# S
$ k
1 f'
.
6
i
I
I ,Pxiste
COMMUNITY DEVELOPMENT Community Services,Housing,&Community
BLOCK GRANT PROGRAM Development Department Office Use Only
Project Name:
312 W.8 I AVENUE Project Number:
SPOKANE,WA 99204
(509)477-5722, TDD:(509)477-5722
FAX if(509)477-2561 GRANT APPLICATION
I. . , , I 1, i , 0u -I 4 . M/ • _ _
D. 1. Project Budget-List all project costs and the amount of each different finding source allocated to costs. Project budget must Include the
entire project,even If CDBG U only funding a portion of the activity. Compute and enter the portion of the total that is proposed to be
allocated to CDBO fiords and the%of the total to all other funds. ASI organizational budget may additionally be requested. (NOTE: _
DOUBLE-CLICK ON SPREADSHEET TO ACTIVATE)
1 2 3 4 5 6 7
Project&pulses Total Project CABG Request C.D6C% Other Revenue Other Other Other
Costs Amount of Total (Specify) Revenue Revenue R""alce44
Cost (Specify) (Specify) ants
C,'fyfunds •
Porcnnnvl ncm 4
Salaries $3,000 0.03% $3,000 10000% ,
Benefits $840 0.00% $840 100.00%
Taxes $0 NA N/A
Calc ivfanatt/Project Delivery $0 NA N/A i
Other(Identify) $0 NA N/A
Subtotal:Personnel Costs $3,840 $0_ 0.00% $3,840 $0 $0 10000% 1
Onmrtym>['Ark!
RertJLease $0 NA N/A
, Utilities $0 NA N/A
Telephone $0 NA N/A
Pastan $0 NA WA
Supplies 5 NA N/A #
!sinkage $0 NA 1 N/A i
'Other(I.detltifj) � •t NA *
N/A ,
Other(Identify) $0 , PYA N/A
S'fibO, Operations .t.., - , t $0 NA . $0 $0 $0 N/A
.Pmfisefnnnl/Coruinoc
COnsultat i MA NI4
Engineering $32,191 $19,315 60.00% $12,876 4003%
Other(Identify) SO N/A N/A
SublObl Pmfessiana1 SP-vita " $32,191 $19,315 60.00% $12,876 $0 $0 4000%
Cbrayruction Casty , N/A
Materials/Supplies $0 NA
Construction Costs $214,603 $214,603 100.00% $0 0.00% •
Other(Const Managenent) $21,460 $12,876 60.00% $8,584 4000%
Other(Identify) $0 NA N/A
Property Acquisition $15,000 $15,000 100.00%. $0 0.00%
Equipnle it Purchase t NA WA , b
Other(Identify) $0 to N/A
Other t NA N/A
'Tu6tdaktbitshudlottLC4sts • $251,053 $242419 96.58% S8 584 $0 $0 3.42%
T( AL(allcatego s) $287,094 $2$1;794 91.1996 $25,300 $0 $0 6.81%
5
Sidgence axe* .,
COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM
312 W.8Th AVENUE
SPOKANE,WA 99204
(509)477-5722, TDD:(509)477-5722
FAX#(509)477-2561
2. Cost Information:
Provide your basis for the costs estimated for each and all items listed in the budget. The reasoning(or
method) for allocation and`d vision of costs among multiple funding sources should be discussed. Be
specific,as items not clew'y identified In this section will not be eligible for reimbursement with
CDBG funds regardless of`their.eligibility under CDBG regulations. -
• Personnel Costs:(list according to%of FTE positions and job duties)
<<Staff Time=
General administrative costs areexp' ectedto be approximately 5%of one FTE. Benefits are equal to 28%of salary.
• `-
Operating Costs:
<<Not Applicable>> ,,
o Professional Services:
<<Public Works staff will complete design and construction engineering. Staff members expected to participate in "
project include: .
Senior Project Manager,5%FTE .
Design Engineer,5%FTE
Engineering Technician, 10%FTE
Administrative Assistant,5%FTE
,
M i
Engineering casks and staffing levels air ViseOpon typical levels of eng;mein effort rr�ylred for similar rap;tsl
improvement projects. Strd�t►g,noedsian,d FTE levels are estimates of the average staffing level over the duration x
of the project Professional services may be utilized for specialized needs such as surveying and geotechmcal
evaluations of the site,and Righ t,-of-Way procurement on an as-neeed basis>>
1 Construction Costs:
<cA detailed project cost estimate has been attached for additional information.The figures shown in the estimate
are based upon several Victors an estimate of anticipated •preliminary design and construction engineering casts,
estimated project quantities,bids received from previous projects,and current bid practices. Actual construction
costs will vary from the astiii ares and be subject to market conditions at the time of construction.>>
• Basis for Cost Allocation:
'Professional.design and construction management costs art estimated to be approximately 25°Jo of the
construction cost based upon liustorrcal engineering expenditures on similar projects. Engineering costs exceeding
the 15%limit set by Spokane County Housing&Cotnmumty Development will be covered by City. funds. Right-
of-Way procurement:costs are based upon typic l costs experienced by Cityfor minor ROW purchases and
easements.General admihustrative personnel costs will be`covered lithe CIO.
Spaltrze Com*
COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM
312 W.8T"AVENUE
SPOKANE,WA 99204
(509)477-5722, TDD:(509)477-5722
FAX#1(509)477-2561 3 a
3. Revenue Summary:
1 2 3 4 5 6
Funding Loan or ` Funding Funding Date Funding
Source Grant Amount Status Available Restrictions
Spokane Valley Citi funds $ Committed Jan.2014 None
CDBG Grant S Applied for July 2014
S '
S
S
$
S
S j
. S
a. Discuss the effect on the project if other "uncommitted" finds are not received: There are no other
uncommitted funds
b. Comments:
c. Previous Spokane County Community Services, Housing, & Community Development Related
Funding Received:
1 CDBG I HOME 1 2060 (Affordable Housing 2163 (Homeless Housing
Trust Fund) Assistance Act) or RHAA
PmRmm)
2013 $183,609
(2012 $115,4)0
2011 . $281,139
If your agency received any of the above mentioned funding,describe below how and where your organization used these
funds: H
<The City has used CDBG funds for street improvements and ADA upgrades in Low to Moderate Income neighborhoods
for each of the past 3 years.>>
9
•
— ,
4poltate Cast*
COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM
312 W.8TH AVENUE
SPOKANE,WA 99204
(509)477-5722, TDD:(509)477-5722
FAX#(509)477.2561
1
E. PROJECT LOCATION AND DISLOCATION OF HOUSEHOLDS OR BUSINESSES
1. Project Location (where will.„the activity happen): <<The project is located along Sprague Ave from
Appleway Ave to Artiet Lane and Long Rd froni.Sprague Ave to Greenacres Elementary School in the City of >,
§p_olcane Valley>>
kM4 Attach a map of the service area.
2. Displacement location:1thifLOYdIsPlacentent associated with the activity?Dyes/ IT no
If yes,you must proVidediePeitirin 'Plan including a budget for relOcation costs.
3. Additional Information: Use this section only to provide additional information as requested in the
application instructions. (i e, factors contributing to project completion dates, priority of this
application to other itiiiilicilitoria submitted,etc.)
, -
<eApplication Priority 1 of 2>> i -
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•
�T AUse
COMMUNITY'DEVELOPMENT
BLOCK GRANT PROGRAM
312 W.8Th AVENUE
SPOKANE,WA 99204
(509)477-5722, TDD:(509)477-5722
FAX#(509)477-2561
Construction,Public Facility&Infrastructure Activity Supplemental Apnlication Form
2014-2015 PROGRAM YEAR
a.
Construction Schedule of Values 1
Item Description Est. Unit Price Total Price
Number Quantity
1. Construction(See enclosed cost estimate for detailed cost 214,603
breakdown of work items)
2.
3.
4.
5.
6.
7.
8.
9. , •
10.
11,
12.
13.
14. 1 i
15.
16.
17.
18.
19. •
20.
• Subtotal $214,063
Sales Tae Sala
Total Amount 5214,063
gi
k i
� 1
PAPublic WorkslCapital Projects\Projcxt Funding Applications\2013 ApplicatIonslFY 2014 CDBG AppslSprague-
lung App Packe412D14 Snreguc-Long Cant&Infrastr SuP1.+3 Applaloc
.47.611cane Cow*
COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM
312 W.8m AVENUE
SPOKANE,WA 99204
(509)477-5722, TDD:(509)477-5722
FAX#(509)477-2561
Construction.Public Facility&Infrastructure Actjvitv SunDlemental Annlication Form
2014-2015 PROGRAM YEAR
Schedule of Values for Non-Construction Costs
Item Description Est. Unit Price Total Price
Number Quantity
1. General Administration 1 $3,840
2. Design Engineering 1 $32,191
3. ROW Procurement 1 $15,000
4. Construction MansgementI1nspection 1 $21,460
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
21?.
Subtotal $72,491
Sales Tax Sn7'a
Total Amount $72,491
4
} 5
P:\Public Worlcs\Capital Projects\Project Funding Appllcatlons\2013 Applications\FY 2014 CDBG Apps\Sprague-
Lon.{g App Packet'2014 Sprague-Long Const&Infiastr Suppl Appl.doc
4iakass Com*
COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM
312 W.8m AVENUE
SPOKANE,WA 99204
(509)477.5722, TDD:(509)477-5722
FAX#(509)477-2561
Construction,Public Facility&Infrastructure Activity Supplemental Application Form
2014-2015 PROGRAM YEAR
b. Is the project site selected? Yes If no,list approximate,potential location(s)under consideration
(list)
c. Does the organization have site/property control?Explain status and contingencies regarding the
type of control over the property(owner of record,right of way,option to purchase,etc.) The city
controls all ROW along Sprague Ave that is expected to be necessary for project.There is a short
210-ft long strip of ROW that may be necessary to accommodate the sidewalk along Long Rd.
The ROW is necessary to align the new sidewalk with the existing sidewalks it connects to at each
end. However, the new sidewalk can be moved closer to the roadway if necessary to reduce or
eliminate the need for ROW.
d. If the organization leases the property provide general information regarding the lease(length and
terms of agreement) N/A pp
'¢ 3
e. Describe your project management plan. Include discussion of who(what entity or staff person)
will complete 1) inspections 2) construction site supervision 3) procurement of professional
services,contractors,materials,suppliers,etc.,4)complete compliance activity requirements,and
5) represent the owner's interests. <<The City of Spokane Valley, with in-house staff, will be
responsible for inspections,construction site supervision and the procurement of material testing
services. Either Ken Knutsen or Craig Aldworth, senior project managers with the City of
Spokane Valley, will be responsible for overseeing construction management, site supervision,
compliance activity requirements, and representing the owner's interests. All work will be
designed and constructed in accordance with accepted regulatory, design and construction
standards including but not limited to WSDOT/APWA Standard Specifications for Road,Bridge
and Municipal Construction, City of Spokane Valley Public Works Standards, ADA, AASHTO
and MUTCD»
f. Identify and discuss any special permits, governmental review or other processes needed to
start/conduct/complete this project? Where are you in each process? (include shoreline
management plans,NEPA or SEPA reports, water rights, right of way needs, etc.) <<The City
shall closely monitor the progress of the project through established in-house project management
procedures to ensure compliance with applicable CDBG administrative requirements.Anticipated
permits include a road obstruction permit from City. The project is categorically exempt under
SEPA/NEPA requirements.Minor right of way procurement may be required. The City has not # ;
started any work on the project.>>
g. Identify in which manner the activity will benefit Low/Mod income persons:
►�� Area Wide Benefit-Census Tract/Block 013100(Block Group 2,Blocks 2003-2005,2010,
2011,2013-2016,2018,2023,2025-2029,2035,) or Municipal Boundary
Total Population of Area 1,605 /Percentage of LMI persons 51.3%
Q Limited Clientele
P:1Public Works\Capital Projects\Project Funding Appllcations12013 Applications\FY 2014 CDBG Apps\Sprague-
Long App Packet\2014 Sprague-Long Const&Infrestr Suppl Appl.doc
J
Spe ,,,eammo
COMMUNITY DEVELOPMENT
BIA)CK`GRANT PROGRAM
312 W 8Th AVENUE
SPOKANE,WA 99204
(509)477-5722, TDD:(509)477-5722
FAX#(509)477-2561
Construction.Public Facilit14.Infrastructure Activity-Suppler ental Application Form
2Z_t< 2014=2015FROGRAM:YEAR.;
Describe how thiskconstruction activity wilt meet the limited:clientele subcategory
0 Other Describe
h. If proposing water or sewer sysien improvements,please complete the following:
Current monthly Dwater / sewer rates SN/A
Proposed monthly rates(w%CDBG funds) SN/A,
Proposed monthly rates(w/o CDBG funds) $ M
L Is this proposed project a stand alone project as described in this application? ►t Yes/0 No
•
Describe the details of the entire project, how long the entire project will take to
complete,anti(paed number of workers,including those from subcontractors,and is it
understood: that.it�may tagger Davis-Bacon and Related Acts Labor Compliance issues
for entire project: .<<Details of project:The proposed project
will involve constructing new sidewalk with curb ramps to provide a safe ADA
accessible route`his pra)ect completes gaps in the sidewalk system. Areas of work will
include minor site grading and preparation, placement of base rock, new sidewalk and
barrier curb concirete work,minor landscape restoration and traffic control.The project is
expected to employ o-approximately 5=6 construction workers for a duration of
approximately 46 weeks Itis understood that the higher of state and federal prevailing
wage rates will apply to`this we ject?>`'
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Project Name: City of Spokane Valley Exhibit B
Project No. 14-13
COMMUNITY DEVELOPMENT BLOCK GRANT
SUBRECIPIENT AGREEMENT
Assurances and Representations
Certification of Compliance with the American with Disabilities Act of 1990
I, the undersigned representative for the agency, affirm that I have read and fully understand the applicable portions
of the Americans with Disabilities Act of 1990. I furthermore affirm that neither the agency's response, the services
provided by the agency, the physical plant in/on,which any of these services are rendered, nor any other aspect of
the agency's operations, violates the relevant provisions or explicit Intent of the Act.
Certification of Compliance with Section 504 of the Rehabilitation Act of 1973, as Amended.
1, the undersigned representative for the agency, affirm that I have read and fully understand the applicable
portions of Section 504 of the Rehabilitation Act of 1973, as amended. I furthermore affirm that neither the
agency's response, the services provided by the agency, the physical plant in/on, which any of these services are
rendered, nor any other aspect of the agency's operations, violates the relevant provisions or explicit intent of the
Act.
Certification of Compliance with the Civil Rights Act of 1964, as Amended
1, the undersigned representative for the agency, affirm that I have read and fully understand the applicable
portions of The Civil Rights Act of 1964, As Amended. I furthermore affirm that neither the agency's response, the
services provided by the agency, the physical plant in/on, which any of these services are rendered, nor any other
aspect of the agency's operations,violates the relevant provisions or explicit intent of the Act.
Certification of Compliance with the Drug Free Workplace Act of 1988
I, the undersigned representative for the agency, affirm that I have read and fully understand the applicable
portions of The Drug Free Workplace Act of 1988. I furthermore affirm that neither the agency's response, the
services provided by the agency, the physical plant In/on, which any of these services are rendered, nor any other
aspect of the agency's operations,violates the relevant provisions or explicit intent of the Act.
Certification Regarding Debarment, Suspension and Other Responsibility Matters
The agency certifies to the best of its knowledge and belief that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
(b) Have not, within a three-year period preceding this contract agreement, been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public(Federal, State, or local)transaction or contract under a public
transaction; violation of Federal or State antitrust statutes or commission or embezzlement, theft, forgery,
bribery,falsification or destruction of records, making false statements, or receiving stolen property.
(c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal,
State, or local)with commission of any of the offenses enumerated In paragraph (b), of this certification.
(d) Have not within a three-year period preceding this application/proposal had one or more public transactions
(Federal, State or local)terminated for cause or default.
I understand that a false statement of this certification may be grounds for termination of the contract agreement.
Signature of Representative 17/
Printed Name of Representative , i'k . ZC.4 ,. -t Date: 7Z y/;5_
EXHIBIT C
Community Development Block Grant Program
Quarterly Progress Report
Construction Projects
(Housing,Public Facilities or Infrastructure)
Report period: to
Subrecipient: City of Spokane Valley
Project:
Person completing report:
Job Title:
Contact telephone number:
1. Describe current status of project (for example: planning, procurement, pre-
development, construction, activity underway, service marketing, etc.) and current focus of
activity:
2. Describe significant actions taken during report period:
3. Describe and provide reasons for changes in original project goals/milestones:
4. Is the project on time per the timeline contained in the Subrecipient Agreement?
D yes/ ❑ no . If the response is no,provide a brief discussion of why the project is
not on schedule.
5. During this project period were CDBG funds expended?❑yes /❑ no
Exhibit D
Spokane County Community Development
Block Grant Program
End of Project Year Report
Report date:
Subrecipient:
Project name:
Person completing report:
Job title:
Contact telephone number:
Describe project outcomes in quantifiable terms:_
Discuss how the activity impacted the need(s)cited in your application. Was the need
eliminated,improved,or exacerbated? What indictors would best describe this result?
What, if any,external factors contributed to this?
Discuss your organizations efforts to leverage other resources to address this need(s).
Were other funds secured and expended as proposed for this activity? What efforts are
being made to secure other funds to address this/these need(s)in the future?
Discuss your organizations planning efforts. How will your organization meet this and
other needs over the next 3-5 years? What resources are required,how will they be
secured,how will these needs be eliminated or reduced?
Did your project accomplishments change substantially from the activity originally
proposed in the grant application:
❑ Yes ❑ No
Please describe the nature of and reasons for any changes in the project accomplishments.
Discuss how you would change the project as a result of these experiences:
Did beneficiary numbers change from number of beneficiaries proposed in original
CDBG application: ❑ Yes ❑ No
If benefit level changed substantially from the level proposed in your application,please
discuss the reasons for this change. What are the barriers to providing proposed service
levels? Is a further assessment of need necessary?
SELF EVALUATION:
Assess your organizations efforts in carrying out this project. Discuss the nature of and
reasons for your accomplishments and/or shortcomings in conducting the activity.
Assess your projects conformance with the County's Consolidated Housing and
Community Development Plan and Annual Action Plans.
Project Beneficiaries
If this is an Area Wide Benefit,then check here❑ and do not continue filling out this box.
Total: Individuals (Actual/Proposed)
Total: Participating City/Unincorporated area residents.(Actual/Proposed)
Beneficiary Incomes
Number of individuals at:
0 to 30% 31 to 50% 51 to 80% 81 to 100% > 100%
Total Project Funds Expended During Report Period $
Total CDBG Funds Expended During Report Period $
Other Project Funds Expended During Report Period:
Source Amount
TOTAL $
Date
Signature of Authorized Official Typed Name
Project Name: City of Spokane Valley Exhibit E
Project No. 14-13
Certification Regarding Lobbying For
Grants and Cooperative Agreements
Submission of this certification is required by Section 1352,Title 31 of the U.S. Code and is a
prerequisite for making or entering into a grant or cooperative agreement over$100,000.
The undersigned certifies,to the best of his or her knowledge and belief,that:
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned,to any person for influencing or attempting to influence an officer or employee
of any agency,a Member of Congress, an officer or employee of Congress,or an employee of
a Member of Congress in connection with the making of any federal grant, the entering into
of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal grant or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this federal grant or cooperative agreement, the undersigned
shall complete and submit Standard Form—LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subgrants, contracts under grants and
cooperative agreements, and subcontracts)and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact on which the Spokane County, Housing and
Community Development Department relied when it made or entered into this grant or cooperative
agreement. Any person who fails to file the required certification shall be subject to a civil penalty of not
less than$10,000 and not more than$100,000 for each such failure.
City of Spokane Valley Spokane Valley 2015 CDBG Sidewalk Improvements
Organization Name PR/Award(or Application)Number
Or Project Name
Wifr-e SC.14-Cam 614 a
Name and Title of Authorized Representative
Aft
S'r e Date
Project Name: Project Name: City of Spokane Valley Exhibit F
Project No. 14-13
SPECIAL TERM AND CONDITION NO. 8: FEDERAL FUNDING ACCOUNTABILITY
AND TRANSPARENCY ACT OF 2006 (P.L. 109-282)
This Agreement is supported by federal funds requiring compliance with the Federal Funding
Accountability and Transparency Act (FFATA or the Transparency Act) and Office of
Management and Budget Guidance (OMB). Public Law 109-282 as amended by Section
6202(a) of Public Law 110-252 (see 31 U.S.C. 6101 note). By entering into this Agreement,
GRANTEE agrees to provide all applicable reporting information to COUNTY required by
FFATA and OMB Guidance.
The FFATA requires the OMB to establish publicly available online database
(USASpending.gov) containing information about entities that are awarded federal grants, loans
and contracts. As required by FFATA and OMB Guidance, certain information on the first-tier
subawards related to federal contracts and grants, and the executive compensation of awardees,
must be made publicly available.
For new federal grants beginning October 1, 2010, if the initial subaward is equal to or greater
than $25,000, reporting of the subaward and executive compensation information is required. If
the initial subaward is below $25,000, but subsequent grant modifications result in a total
subaward equal to or over$25,000,the subaward will be subject to the reporting requirements as
of the date the subaward exceeds $25,000. If the initial subaward equals or exceeds $25,000,but
funding is subsequently deobligated such that the total award amount falls below $25,000, the
subaward continues to be subject to the reporting requirements of the Transparency Act and
OMB Guidance.
As a federal grant subawardee under this Agreement, your organization is required by FFATA,
OMB Guidance and this Agreement to provide COUNTY as the prime grant awardee, all
information required for FFATA compliant reporting by COUNTY. This includes all applicable
subawardee entity information required by FFATA and OMB Guidance, including the
subawardee DUNS number, and relevant executive compensation data, as applicable.
Data about GRANTEE will be provided to USASpending.gov by COUNTY or by the Federal
Contractor Registry (CCR). CCR is a government-wide registration system for organizations
that do business with the federal government. CCR stores information about awardees, including
fmancial account information for payment purposes and a link to D&B for maintaining current
DUNS information, www.ccr.gov. COUNTY encourages CCR registration and annual renewal
by GRANTEE to minimize unnecessary data entry and re-entry required by both COUNTY and
GRANTEE. It will also reduce the potential of inconsistent or inaccurate data entry.
GRANTEE must have a Data Universal Numbering System (DUNS) number obtained from the
firm Dun and Bradstreet (D&B) (www.dnb.com). A DUNS number provides a method to verify
data about your organization. D&B is responsible for maintaining unique identifiers and
organizational linkages on behalf of the federal government for organizations receiving federal
assistance.
COUNTY, as the prime awardee, is required by FFATA to report names and total compensation
Project Name: Project Name: City of Spokane Valley Exhibit F
Project No. 14-13
of the five(5)most highly compensated officers of GRANTEE(as the subawardee)if:
1. GRANTEE (the subawardee) in the preceding fiscal year, received 80 percent or
more of its annual gross revenues from federal awards and $25,000,000 or more
in annual gross revenues from federal awards;AND
2. The public does not have access to this information about the compensation of the
senior executives of your organization through periodic reports filed under section
13(a) or 15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. 78m(a),
78o(d)or section 6104 of the Internal Revenue Code of 1986.
"Total compensation" for purposes of this requirement generally means the cash and non-cash
value earned by the executive during the past fiscal year and includes salary and bonus; awards
of stock, stock options and stock appreciation rights; and other compensation such a severance
and termination payments, and value of life insurance paid on behalf of the employee, and as
otherwise provided by FFATA and applicable OMB guidance.
If(1) in the preceding fiscal year, GRANTEE received 80 percent or more of its annual gross
revenues from federal awards and $25,000,000 or more in annual gross revenues from federal
awards, and (2) the public does not have access to this information about the compensation of
senior executives of your organization through periodic reports filed under section 13(a) or 15(d)
of the Securities and Exchange Act of 1934 (15 USC 78m(a), 78o(d) or section 6104 of the
Internal Revenue Code of 1986, insert the names and total compensation for the five most highly
compensated officers of your organization in the table below:
Officer 1 Name
Officer 1 Total Compensation Amount
Officer 2 Name
Officer 2 Total Compensation Amount
Officer 3 Name
Officer 3 Total Compensation Amount
Officer 4 Name
Officer 4 Total Compensation Amount
Officer 5 Name
Officer 5 Total Compensation Amount
Project Name: Project Name: City of Spokane Valley Exhibit F
Project No. 14-13
If GRANTEE does not meet these criteria, specifically identify below each criteria that is not
met for your organization: