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15-097.00 Spokane County: CDBG Sidewalks
5-DT7- AGREEMENT BETWEEN SPOKANE COUNTY AND IN CONJUNCTION WITH GRANT 1.Subrecipient 2.Contract Amount 3.T AGED City of Spokane Valley $358,790 11707 East Sprague,Suite 106 4. DUNS# Spokane Valley,WA 99206 168240617 5.Subrecipient Representative 6.County's Representative Community Services,Housing,and Community Development Steve Worley Tim Crowley 11707 East Sprague,Suite 106 Division Manager Spokane Valley,WA 99206 3128 Ave 509-720-5334 Spokane, okaane,ne,WA 9924 7. Subrecipient 8.Original Grant ID# 9.Start Date 10.End Date CDBG 15-17 B1 5U C 5 3 0 0 0 4 07/01/15 06/30/16 11.Funding Source: (x J Federal ( J 12.Federal Funds(as applicable) CFDA# Federal Agency: $1,355,287 14.218 HUD 13.Contractor Selection Process: 14.Contractor Type: (check all that apply or qualify) (check all that apply) ( ) Sole Source ( J Private Organization/Individual [ A/E Services ( )Public Organization/Jurisdiction ( ( ) VENDOR Competitive Bidding ( ) Pre-approved by Funder (� SUBRECIPIENT ( � Non-Profit ( ] For-Profit 15.Grant Purpose: Sidewalk 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: 8/12/15 L 5 4 4'/Z o �eG�L 1 Signatury, Date Signature Date Name � Name ,./(IL Tide Title This document contains confidential tax information and has been redacted pursuant to RCW 82.32.330. You may petition for a review of our findings pertaining to any CDBG Subrecipient Agreement redacted or withheld documents pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review Page 1 of 22 pursuant to RCW 42.56.550. COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT (Government Entity) Project Number 15-17 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 CITY OF SPOKANE VALLEY, a political subdivision of the State of Washington, whose address is 11707 E. 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 2015-2019 Housing and Community Development Consolidated Plan and 2015 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 seventy seven percent (77%) of the Engineering costs not to exceed Twenty One Thousand Dollars ($21,000.00) and Ninety Six percent (96%) of the Construction costs, not to exceed Three Hundred Thirty Seven Thousand Seven Hundred Ninety Dollars ($337,790.00), 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 Subrecipient Agreement Page 2 of 22 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, 2015 and shall be completed no later than June 30, 2016, hereinafter referred to as the Project Period. 3.2. If the HUD Contract is not executed prior to July 1, 2015 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 $358,790.00 5.1.1 CFDA# 14.218— Community Development Block Grants/Entitlement 5.1.2. Not for research & development 5.2. Maximum Funding: Total maximum funding under this Agreement is Three Hundred Fifty Eight Thousand Seven Hundred Ninety Dollars and No Cents ($358,790.00). 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 Subrecipient Agreement Page 3 of 22 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, 2016. CDBG funds, which are not expended by June 30, 2016, shall be returned to the County. 5.4. Uniform Grant Guidance: 5.4.1. Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (located at 2 CFR Part 200), 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 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 CDBG Subrecipient Agreement Page 4 of 22 County shall recoup those payments, together with interest, as provided at 2 CFR Part 200, 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 Uniform Grant Guidance at 2 CFR Part 200, which describes eligible costs and 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 Seven Hundred Fifty Thousand Dollars ($750,000.00) 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 the regulations at 2 CFR Part 200. 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, CDBG Subrecipient Agreement Page 5 of 22 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 and Abuse. 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 to the program, or in reimbursement for services that are not medically necessary or that fail to meet professionally recognized standards for health care. 6.1.1. The Contractor and all of its Subcontractors must comply with the following: 6.1.1.1. Disclosure requirements specified in 42 CFR 455 Subpart B, 42 CFR 431.107 (b) (3). 6.1.1.2. Provide without charge and in the form requested, any computerized data stored by the subcontractor, 45 CFR 455.21 (a) (2) 6.1.1.3. For free, upon request, copies of records showing the extent of the services delivered to clients, the extent of payments and any other information kept by the Subcontractor, 42 CFR 431.107 (b) (2), 45 CFR 455.21 (a) (2). 6.1.1.4. Obtain and use National Provider Identifiers (NPIs), if the contractor or provider agency is eligible for one. 6.1.2. The Contractor's, Fraud and Abuse program shall have procedures for the following requirements: CDBG Subrecipient Agreement Page 6 of 22 6.1.2..1. Provision of detailed information to employees and subcontractors regarding fraud and abuse policies and procedures and the False Claims Act as identified in Section 1902(a) (68) of the Social Security Act; 6.1.2.2. Administrative and management arrangements or procedures, and a mandatory compliance plan; 6.1.2.3. Written policies, procedures, and standards of conduct requiring that the Contractor and the Contractor's officers, employees, agents and subcontractors are in compliance with the requirements of this section; 6.1.2.4. A designated compliance officer and a compliance committee who is accountable to senior management; 6.1.2.5. Effective ongoing training and education for the compliance officer, staff of the Contractor, and selected staff of the subcontactor; 6.1.2.6. Effective communication between the compliance officer, the Contractor's employees, and the Contractor's subcontractors; 6.1.2.7. Enforcement of standards through well-publicized disciplinary guidelines; 6.1.2.8. Internal monitoring and auditing of the Contractor and providers. 6.1.2.9. Provisions for prompt responses to detected offenses and development of corrective action initiatives; 6.1.2.10. Provision for full cooperation with any federal, Health Care Authority (HCA), Attorney General, MFCU, or CSHCD investigation including promptly supplying all data and information requested for their investigation; and 6.1.2.11. A methodology to verify that services billed by providers were actually provided to Enrollees. 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. CDBG Subrecipient Agreement Page 7 of 22 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 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. CDBG Subrecipient Agreement p 9 Page 8 of 22 7.5. Druq-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). 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. CDBG Subrecipient Agreement Page 9 of 22 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 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). CDBG Subrecipient Agreement Page 10 of 22 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. 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. CDBG Subrecipient Agreement Page 11 of 22 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 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 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 CDBG Subrecipient Agreement Page 12 of 22 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. 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 CDBG Subrecipient Agreement Page 13 of 22 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 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, 2016 (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. CDBG Subrecipient Agreement Page 14 of 22 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 2424 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. 15. INDEMNIFICATION AND INSURANCE 15.1. Indemnification: 15.1.1. The Subrecipient is an independent Subrecipient and not the agent or employee of the County. No liability shall attach to the County for entering into this contract or because of any act or omission of the Subrecipient except as expressly provided. 15.1.2. The Subrecipient agrees to defend, indemnify and hold the County harmless from any and all claims, including but not limited to reasonable attorney fees, demands, losses and liabilities to or by third parties arising from, resulting from or connected with services performed or to be performed under this contract by the Subrecipient, its agents or employees to the fullest extent permitted by law. The Subrecipient's duty to defend, indemnify and hold the County harmless shall not apply to liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the County, their agents or employees. The Subrecipient's duty to defend, indemnify and hold the County harmless for liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the concurrent negligence or (a) the County or Consultant, their agents or employees, and (b) Subrecipient, its agents or employees shall apply only to the extent of negligence of the Subrecipient or its agents or employees. Subrecipient's duty to defend, indemnify and hold the County CDBG Subrecipient Agreement Page 15 of 22 harmless shall include, as to all claims, demands, losses and liability to which it applies, the County's personnel-related costs, reasonable attorney's fees, court costs and all other claim-related expenses. 15.1.3. The Subrecipient's indemnification shall specifically include all claims for loss liability because of wrongful payments under the Uniform Commercial Code, or other statutory or contractual liens or rights or third parties, including taxes, accrued or accruing as a result of this contract or work performed or materials furnished directly or indirectly because of this contract. 15.1.4. Subrecipient further agrees that this duty to indemnify County applies regardless of any provisions in RCW Title 51 to the contrary, including but not limited to any immunity of Subrecipient for liability for injuries to Subrecipient's workers and employees, and Subrecipient hereby waives any such immunity for the purpose of this duty to indemnify County. 15.1.5 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. 15.2. Insurance: 15.2.1. The Subrecipient shall furnish and maintain all insurance as required herein and comply with all limits, terms and conditions stipulated therein, at their expense, for the duration of the contract. Following is a list of requirements for this contract. Any exclusion that may restrict required coverage must be pre-approved by the Spokane County Risk Management Department. Work under this contract shall not commence 9 p until evidence of all required insurance, policy endorsement and bonding are provided to the County of Spokane. The Subrecipient's insurer shall have a minimum A.M. Best's rating of A-VII 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 Purchasing Department.. The insurance policy or policies will not be canceled, materially changed or altered without forty-five (45) days prior notice submitted to the department with whom the contract 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 contract. 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. 15.2.1.1. Self-insurance through the Washington State Risk Pool for Washington State Government Agencies is sufficient to meet the insurance requirements above. CDBG Subrecipient Agreement Page 16 of 22 15.2.2. 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. 15.2.3. The Subrecipient shall not commence work, nor shall the Subrecipient allow any subcontractor to commence work on any subcontract until a Certificate of Insurance with additional insured endorsement, 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. 15.2.4. 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. 15.2.5. Providing coverage in the amounts listed shall not be construed to relieve the Subrecipient from liability in excess of such amounts. 15.2.6. REQUIRED COVERAGE: The insurance shall provide the minimum coverage as set forth below. 15.2.6.1. General Liability Insurance: The Subrecipient shall carry, for the duration of this Agreement, Commercial 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. 15.2.6.2. 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." 15.2.6.3. Proof of Automobile Insurance: The Subrecipient shall carry, for the duration of this Agreement, comprehensive automobile liability coverage of One Million Dollars ($1,000,000.00), 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 CDBG Subrecipient Agreement Page 17 of 22 not be cancelled, materially changed, or renewed without forty-five (45) days written notice thereto to Spokane County. 15.2.6.4. 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. 15.2.6.5. WORKERS COMPENSATION: When the Contractor has employees of the company, the Contractor shall carry Worker's Compensation Industrial Injury Insurance coverage and effective in Washington State. Proof of insurance shall be reflected on the Contractor's Certificate of Insurance or by providing the Contractor's State Industrial Account Identification Number. 15.3. 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. 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. CDBG Subrecipient Agreement Page 18 of 22 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 2015-2016 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 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: CDBG Subrecipient Agreement Page 19 of 22 18.2.1. Applicable Federal Statutes and Regulations, 18.2.2. Applicable State Statutes and Regulations; 18.2.3. HUD Contract No.: B-15-UC-530004; and 18.2.4. Express terms of this Agreement and any amendments. 19. JURISDICTION 19.1. This Agreement shall begoverned bythe law and statutes of the State of g 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). 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 CDBG Subrecipient Agreement Page 20 of 22 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 III 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). 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) (7) 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 CDBG Subrecipient Agreement Page 21 of 22 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. 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 Subrecipient Agreement Page 22 of 22 I 5-17 COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT EXHIBIT A Grant Application Exhibit A Sip mr:r!",e cam* COMMUNITY DEVELOPMENT Community Services,Housing,and Community BLOCK GRANT PROGRAM Development Department Office Use Only Project Name: 312 W.8r"AVENUE Project Number: SPOKANE,WA 99204 (509)477-5722, TDD:(509)477-5722 FAX#(509)477-2561 REvisED GRANT APPLICATION 2015-2016 PROGRAM YEAR General Application Form For All Activities A. PROJECT SUMMARY: 1. Applicant:City of Spokane Valley Contacts: Mike Basinger,Senior Planner Phone: 509 720-5331 Steve Worley,PE Capital Programs Phone: 509 720-5014 E-mail: mbasinger@spokanevalley.org Fax: 509 688-0261 Mailing Address:11707 E.Sprague Ave,Suite 106,Spokane Valley WA 99206 Street Address: 11707 E.Sprague Ave,Suite 106,Spokane Valley,WA 99206 2. Priority Need Addressed: Objective AR1. Improves Infrastructure and/or physical environment; Development Needs:Infrastructure-Sidewalk and Public Facility-Architectural barrier removal. 3. Target Population:Area Wide Benefit,residents of Spokane Valley,WA 4. Project Location:Spokane Valley,South side of Mission-Lily to Park&West side of Park-Mission along the frontage of Seth Woodard Elementary and the E Spokane Grange. 5. Proposed Activity:New curb and sidewalk along the south side of Mission Avenue from Lily to Park Roads and along the west side of Park Road along the frontage of Seth Woodard Elementary and the E Spokane Grange. New ADA curb ramps at intersecting streets and along the west side the Mission and Park intersection. New paving between the existing road and new curb face. Stormwater upgrades to provide adequate drainage features for the road widening. 6. Estimated Unduplicated Beneficiaries: or ®Area-Wide Benefit 0-30%MFI 31-50%MFI 51-80%MFI LMI%63.59 7. Proposed Time Frame for Completion of Project:July 2015-June 2016 8. Amount of CDBG Funds Requested:$358,790 The Signature below certifies that the applicant will conduct the proposed activity in the location,manner,time,and within the budget presented. It also certifies that the proposed activity addresses a high priority County CDBG objective for the proposed beneficiaries. The applicant also promises that CDBG funds will be used in the manner described and will be used only to reimburse those eligible costs described in the approved project budget and any other types(sources and amounts)of funds presented in the budget will be ed and s d fo the r 'ect. Sr.Engineer-CIP Signature of Authorized Official Title Steve M Worley.PE April 21,2015 Name(please print or type) Date REDACTED Type of Applicant Municipality Organization's Federal ID#_ --- (Not-for-profit,for-profit,municipality,Special Purpose District,etc.) Organization's DUNS#: 168240617 \lsvfsilPublic Folders\PubIic WorkslCapital Projects\Project Funding Applications12014 Apptications\CDBG12015 Application12015 CDBG General Application Final(4-20-2015).doc slog l teColla ,y COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 312 W.8TH AVENUE SPOKANE,WA 99204 (509)477-5722, TDD:(509)477-5722 FAX#(509)477-2561 i •.... • stc . The City has expanded the backbone of its sidewalk system through various road reconstruction and sidewalk projects,winning funds through state grant programs such as their Pedestrian and Bike and Safe Routes to School programs. Sidewalks are also installed through new development by making new sidewalks a requirement as part of a developer's frontage improvements. Despite these capital improvements, large gaps between neighborhoods and popular destinations such as support services,transit bus routes,and employment and training 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. Other grant opportunities have been sought to provide continuous sidewalk along Park Road,beginning at the Mission and Park intersection and extending south to Broadway. Park Road provides pedestrian access over Interstate I-90 and to STA Bus Route 94 at Park and Broadway. STA Bus Route 94 provides access to various services in Spokane Valley and ultimately to the PIaza in downtown Spokane,allowing access to regional destinations. The BPMP provides direction for identifying citywide sidewalk and bicycle needs. The city has been successful in combining its funds with grant opportunities to address deficiencies identified in the plan. Measurable Results-Produce and evaluate measurable outcomes and results. The proposed project will construct approximately I,750-ft of new ADA accessible sidewalk with curb ramps on street corners at Mission and Lily,Mission and Bowman,and Mission and Park Roads. Comprehensive- Engage comprehensive strategies to address the holistic needs of a neighborhood, household or individual. Healthy, viable neighborhoods must meet the basic needs of its residents. The City generally has excellent water, sewer and street systems. However, there are large gaps In its sidewalk system. ADA accessible sidewalks are vital to providing transportation alternatives to residents that either need or choose non-vehicle transportation. Developing sidewalks can also encourage residents to take pride and ownership in their community which can help revitalize all aspects of an LMI neighborhood. To the west of Seth Woodard Elementary School are large industrial land uses that generate significant truck traffic. Because Park Road provides access over I-90, northbound trucks use Park to cross the interstate from the south and turn west on Mission to access the industrial center. Also,trucks using the state highway to the north (Trent,SR-290) use Park to cross the railroad tracks south of the highway and turn right onto Mission to access the industrial center to the west. Providing sidewalks on the south side of Mission gives school children a safe place to walk and cross when accessing their school. Sidewalks fronting the school and the E Spokane Grange along the west side of Park Road will give children a safe walking surface-off the shoulder of the road. 3. CDBG Program Goal&Objective(s)Addressed: (see pages 13-19 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,and neighborhood access to the Seth Woodard Elementary School. Goal: Revitalize areas by developing and/or improving infrastructure,neighborhoods or public facilities. Objective ARI:Improve the infrastructure and/or physical environment. 3 Spot)legge Com* COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 312 W.8TH AVENUE SPOKANE,WA 99204 (509)477-5722, TDD:(509)477-5722 FAX#(509)477-256I PROPOSED ACTIVITIES DESCRIPTION: Continued 6. Project Description: The proposed project will construct approximately 1,750 feet of new 6-ft wide ADA compliant sidewalk behind new concrete curb along the south side of Mission and the west side of Park Road along the Seth Woodard Elementary School and the E Spokane Grange. ADA compliant curb ramps will be constructed at intersecting streets at Mission and Lily,Mission and Bowman,and the west side of the Mission and Park intersection. 7. Project Management: The City of Spokane Valley will develop plans, specifications, and estimates for the Seth Woodard Elementary Sidewalk Improvement Project. Upon completion of the bid documents,the project will be advertised and bid and the lowest responsible and responsive bidder will be selected to construct the project. Public Works staff will provide project administration and construction management to ensure compliance with the CDBG program. The City's Finance department will provide project and grant administration accounting. City staff has many years experience administering CDBG funded projects, delivering projects on-time and on- budget. 8. Project Outcomes: The project will construct approximately 1,750-feet of new ADA accessible sidewalks fronting the Seth Woodard Elementary School on the south side of Mission Avenue from Lily to Park Road, and along the frontage of the school and the E Spokane Grange.The improvements provide a safe,ADA accessible travel route for pedestrians of all physical abilities.The project serves LMI residents within the surrounding residential neighborhood. 9. Project Alternatives: Without full funding,the City would reduce the scope of work to fit within the available funds. 10. Conformance With Long Range Plans(i.e., Water Plan,Comprehensive Plan,Homeless Plan,etc): This project conforms with the City of Spokane Valley's adopted Comprehensive Plan, Transportation Improvement Program and Bicycle and Pedestrian Master Plan. The project is consistent with the Comprehensive Plan and it's concurrency requirements and conforms with the State's Growth Management Act. 5 Spasm Camay COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 312 W.8TH AVENUE SPOKANE,WA 99204 (509)477-5722, TDD:(509)477-5722 FAX#(509)477-2561 D. 1. Project Budget-List all project costs and the amount of each different funding source allocated to costs. Project budget must include the entire project even if CDBG is only funding a portion of the activity. Compute and enter the portion of the total that is proposed to be allocated to CDBG funds and the% of the total to all other funds. An organizational budget may additionally be requested. 1 2 3 4 5 6 7 Personnel Costs t4Ww., .. . . ! ^ „ ? ,r`. City Funds , Salaries $8,461 $0 0.00% $8,461 100.00% Benefits $2,370 $0 0.00% $2.370 100.00% Taxes $0 $0 N/A $0 N/A Case Management/Project Delivery $0 $0 N/A $0 N/A Other(Identify) $0 $0 N/A $0 N/A Subtotal:Personnel Costs $10 831 $0 0.00% $103831 $0 $0 100.00% O eratin Costs: qte »Y r -su .' 4 Rent/Lease $0 N/A N/A Utilities $0 N/A N/A Telephone $0 N/A N/A Postage $0 N/A N/A Supplies $0 N/A N/A Mileage $0 N/A N/A Other(Identify) $0 N/A N/A Other(Identify) $0 $0J N/A $0 $0 , $0 N/A Subtotal:Operations $0 $0 N/A y$0 10 $0 N/A professional/Services gw~ is A+-AA'.A:4r',R f,ie��;voggi.' r ,�L � ' 'tti J�,: . "`"` � v► E_ £ a Consultant $0 N/A N/A Engineering $27,166 $21,000 77.30% $6,166 22.70% Other(Identify) $0 N/A N/A Subtotal:Professional Services $27,166 $21 000 77 30% $6,166 $0 $0 22.70% Construction Costs ''W" , k y A A.AA1I :g; ` tV ft > ., tt a 47 Materials/Supplies $0� N/A N/A Construction Costs $328,220 $328,220 100.00% 0.00% Other(Identify)Const Mngnit $23,770 $9,570 40.26% $14,200 59.74% Other(Identify) $0 N/A N/A Property Acquisition $0 N/A N/A Equipment Purchase $0 N/A N/A Other(Identify) $0 N/A ' N/A Other $0 N/A _ N/A Subtotal:Construction Costs $351,990 $337,790 95.97% $14,200 $0 $0 4.03% TOTAL(all categories) $389,987 $358,790 92.00% $31,197 $0 $0 6.00% 7 2ov COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 312 W.S 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 division of costs among multiple funding sources should be discussed. Be specific, as items not clearly 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) The Spokane Valley Public Works staff will perform all design, engineering, and administration for this project. Staff members expected to participate in this project include: Project Manager,20%FTE,Capital Programs Engineer assigned to oversee the design,bidding,contract award and construction QA. Senior Designer,30%FTE,The designer assembles the design caiculations, pians,specifications and estimates for the project. Engineering Technician, 20% FTE, The CADD operator who draws the plan drawings and establishes bid quantities for the project. Administration, 15% FTE, the person who is in charge of administering the budget, processes all pay items on a monthly basis,and provides all financial reports to track the progress of the project. Engineering costs and staffing levels are based upon typical levels of engineering effort required for similar capital improvement projects. Staffing needs and FTE levels are estimates of the average staffing level over the duration of the project. • Operating Costs: None • Professional Services: Professional services may be utilized for specialized needs such as surveying and geotechnical evaluations of the site on an as-needed basis. • Construction Costs: A detailed project cost estimate has been attached for additional information.The costs shown in the estimate are based upon several factors: an estimate of anticipated preliminary design and construction engineering costs, estimated project quantities, bids received from previous projects, and current bid practices. Actual construction costs may vary from this estimate and be subject to market conditions at the time of construction. • Basis for Cost Allocation: Professional design and construction management costs are estimated to be approximately 25%of the construction cost based upon historical engineering expenditures on similar projects. Engineering costs exceeding the 15%limit set by Spokane County Housing & Community Development will be absorbed using city funds. For budgeting purposes, the added 10% for these services will be shown in the Project Budget as a City of Spokane Valley expense. Also,the general administrative and financial costs will be provided and paid for by the City. 8 Sgeoi,nriP Coacer, COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 312 W.8TH AVENUE SPOKANE,WA 99204 (509)477-5722, TDD:(509)477-5722 FAX#(509)477-256I 3. Revenue Summary: 1 2 3 4 5 6 laeiing x nr Funditi 3+'>an�iing '' x. telndiag Stte saran -:!?,;% 010;110-='' ��taa!{ '�;►" �'f�e `�.testt Inions Spokane Valley City Funds $31,197 Committed January 2015 None CDBG Grant $358,790 Applied For July 2015 S $ a. Discuss the effect on the project if other "uncommitted" funds are not received: There are no other uncommitted funds. b. Colmnents: City funds will be used for design and construction engineering over and above the 15% maximum allowance in the CDBG grant. Typically,for these small projects,design and construction engineering can cost upwards to 25%. For budget purposes, the additional I0%above the 15%maximum allowed by the CDBG grant will be added to the total budget,and the 10%amount over and above the allowed maximum will be paid for by the City. c. Previous Spokane County Community Services, Housing, & Community Development Related Funding Received: CDBG HOME 2060 (Affordable Housing 2163 (Homeless Housing Trust Fund) Assistance Act) or HHAA Program) 2014 $261,794 2013 $183,609 2012 $115,410 If your agency received any of the above mentioned funding, describe below how and where your organization used these funds: 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. . 2014-Sidewalks and ADA upgrades along Sprague Avenue and Long Road, 2013-Sidewalks and ADA upgrades along Adams Road from 2nd to 4th Avenues,and 2012-Sidewalks and ADA upgrades along Sprague Avenue from Havana to Fancher Roads. 9 ml e Coo* COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 312 W.8TH AVENUE SPOKANE, WA 99204 (509)477-5722, TDD:(509)477-5722 FAX#(509)477-2561 E. PROJECT LOCATION AND DISLOCATION OF HOUSEHOLDS OR BUSINESSES 1. Project Location (where will the activity happen): The project is located on the south side of Mission Avenue beginning about 150 feet west of Lily Road and extending east to Park Road, and along Park Road beginning on the NW corner of the Park and Mission intersection and extending north fronting the Seth Woodard Elementary School and the E Spokane Grange. ®Attach a map of the service area. 2. Displacement location:Is there any displacement associated with the activity?Dyes/ no If yes,you must provide a relocation 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 applications submitted,etc.) I0 Sporceme Cox,, 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 Application Form 2015-2016 PROGRAM YEAR a. Construction Schedule of Values Item Description Est. Unit Price Total Price Number Quantit Y 1. Construction(See enclosed cost estimate for detailed cost $389,987 breakdown of work items) 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 15. 17. 18. 19. 20. Subtotal $389,987 Sales Tax $0 Total Amount $389,987 P:\Public Works\Capital Projects\Project Funding Applications\2014 Applications\CDBG\2015 Application12015 Construction&Infrastructure Supplemental Application(4-20-2015).doc ,..gparim Comp 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 Application Form 2015-2016 PROGRAM YEAR Schedule of Values for Non-Construction Costs Item Description Est. Unit Price Total Price Number Quantit Y I. General Administration I $10,831 $10,831 2, Design Engineering 1 $27,166 $27,166 3. Construction Management/Inspection 1 $23,770 $23,770 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. Subtotal $61,767 Sales Tax $0 Total Amount $61,767 P:\Public Works\Capital Projects\Project Funding Applications 12014 Applications\CDBG12015 Appiication12015 Construction&Infrastructure Supplemental Application(4-20-2015).doc ,,s Canmsa,P COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 312 W.8'n AVENUE SPOKANE,WA 99204 (509)4774722, TDD:(509)477-5722 FAX#(509)477-2561 Construction,Public Facility&Infrastructure Activity Supplemental Application Form 2015-2016 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 Mission and along Park that is expected to be necessary for this project. d. If the organization leases the property provide general information regarding the lease(length and terms of agreement) N/A e. Describe your project management plan. Include discussion of who (what entity or staff person) will complete I) 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 surveying and material testing services. Our Capital Program professional engineers will be the senior project managers and will be responsible for overseeing construciton management, site supervision, compliance activity requirements, while representing the City on the project. 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 the City. The project is categorically exempt under SEPA/NEPA requirements.No right of way procurement is expected to 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 012200/1 or Municipal Boundary Total Population of Area 690 /Percentage of LMI persons 63.59% ❑ Limited Clientele Describe how this construction activity will meet the limited clientele subcategory El Other Describe h. If proposing water or sewer system improvements,please complete the following: P:\Public Works\Capital Projects\Project Funding Applications12014 Applications\CDBG\2015 Application\2015 Construction&Infrastructure Supplemental Application(4-20-2015).doc akawe Camay 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 2015-2016 PROGRAM YEAR Current monthly water / Li sewer rates $N/A Proposed monthly rates(w/CDBG funds) $N/A Proposed monthly rates(w/o CDBG funds) $N/A/A i. Is this proposed project a stand alone project as described in this application? ®Yes/ No • Describe the details of the entire project, how Iong the entire project will take to complete, anticipated number of workers, including those from subcontractors,and is it understood that it may trigger Davis-Bacon and Related Acts Labor Compliance issues for entire project: This project provides sidewalk on the south side of Mission Avenue beginning west of Lily Road and extending east to Park Rd and along the west side of Park Road beginning on the NW corner of the intersection of Park and Mission and extending north fronting the Seth Woodard Elementary School and the E Spokane Grange. Areas of work will include minor site grading and preparation, placement of base rock,miscellaneous paving,new concrete sidewalk,minor landscape restoration and traffic control. The project will employ approximately 10-12 construction workers for approximately 8 weeks. The state/federal prevailing wage rates will apply on this project. P:1Pubiic Works\Capital Projects\Project Funding Applications12014 Applications\CDBG\2015 Apptication12015 Construction&Infrastructure Supplemental Application(4-20-2015).doc 2016-CDBG Grant Application Cost Estimate Protect Name: Mission Ave Sidewalk S S Mission,E Lily to Park nrT OF 111.11"Nil 11111111.1111, W Side Park e of Perk,School&E Spokane Grange Frontage L*0.33 40,00Valley Prepared By RJ Wright,PE \�,�[s�il Preparation Date: April 20,2015 WSOOT STD. UNIT OF PLANNED ESTIMATED UNIT ESTIMATED ITEM REM X SPEC W9DOT STD II ITEM DESCRIPTION MEASURE QUANTITY PRICE PRICE 1 , 1-09.7 0001 MOBILIZATION L.S. 1 $ 35,000.00 $ 35,000 2 1-05.4 7038 ROADWAY SURVEYING L.S. 1 $ 3,000.00 S 3,000 3 1-07.15 7738 SPCC PLAN L.S. 1 $ 500.00 $ 500 4 1-10 PROJECT SIGN EACH 1 S 600.00 $ 600 5 1-10.3 5971 PROJECT TEMPORARY TRAFFIC CONTROL L.S. 1 $ 7,500.00 S 7,500 6 2-01 0035 CLEARING AND GRUBBING L.S. 1 $ 1,500.00 $ 1.500 7 2-02 SAWCUT ASPHALT PAVEMENT L.F. 2.117 $ 1.20 S 2,540 8 2-03 0310 RDWY EXCAVATION&EMBANKMENT, INCL.HAUL C.Y. 830 $ 20.00 $ 18.600 9 5115 GRANULAR SUB-BASE C.Y. 830 $ 20.00 $ 16,600 10 4-04 5,115 CRUSHED SURFACING BASE COURSE,8" S.Y. 2,550 $ 9.00 $ 22,950 11 5-04 ,HMA-CL'1/2',PG 84-28,MISC.AREAS S.Y. 1,576 $ 20.00 $ 31.520 12 8-01 TEMPORARY EROSION&SEDIMENT CONTROL L.S. - 1 5 21000.00 $ 2,000 13 8-02 LANDSCAPE RESTORATION L.S. 1 $ 500.00 $ 500 14 8-03 IRRIGATION SYSTEM REPAIRS L.S. 1 S 500.00 $ 500 15 FIRE HYDRANT.RELOCATE EACH 2 S 1,500.00 $ 3,000 16 8-04 8701 CEMENTCONC.TRAFFICCURB L.F. 1,500 $ 20.00 $ 30,000 17 8-04 6707 CEMENT CONC.PEDESTRIAN CURB L.F. 175 $ 20.00 S 3,500 18 8-08 7059 CEMENT CONCRETE DRIVEWAY APPROACH S,Y. 175, 5 45.00 5 7,875 19 8-13 7081 FENCING-CHAIN LINK OR WOOD L.F. 57 $ 18.00 $ 1,026 20 8-14 7055 CEMENT CONCRETE SIDEWALK S.Y. 1,185 5 45.00 $ 53,325 21 8-14 7058 CEMENT CONCRETE CURB RAMP TYPE A EACH 8 S 1,200.00 $ 9,800 22 8-18 REMOVE AND RESET MAILBOX EACH 10 $ 150.00 S 1,500 23 8-21 8890 PERMANENT SIGNING L.S. 1 S 1,500.00 5 1,500 24 8-22 6857 PLASTIC CROSSWALK LINE S.F. 500 $ 10.00 $ 5,000 25 UTILITY POLE RELOCATION EACH 3 $ 750.00 S 2,250 26 - MOVE AND RESET SOLAR TRAFFIC SIGN EACH 1 $ 1,500.00 $ 1,500 27 TRAFFIC SIGNAL POLE RELOCATE EACH 1 $3,500.00 $ 3,500 28 STORMWATER LS 1 530,000.00 $ 30,000 TOTAL CONSTRUCTION ESTIMATE $ 294,886 '` " 1., ,,c l Contingency(15%) $ 44,233 $ 339,11931dY ,4ConatruCUon Sub Total .C.Y:-.:g' y3'Frb � .+ PE&CE(16%1 $ 50,868 ;t1;41.:' � s , ).a"�``t4,:TOTAL INFRASTRUCTURE COST ESTIMATE S 389,987 ge gg 1 ,• I 1 ..:.1 ... 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"•V 1....",:•-• ,-,',r.-4....,r,o, ,... ...., . --- - '''', ik P i',...J. pg. i',,,•-•,F. t---' ‘1 IN..Is vki......,l,.....ktIA••••...-.19,.....11.0....t....',......••••••5.1....1,4,14,......./.......t."41...,.••aws,. Ifg.. t';'.k Project Name: City of Spokane Valley Exhibit B Project No. 15-17 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. I, 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 I, 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. 11--,. gi .- Signature of Representative c c. i-- Printed Name of Representative ['lily' /1C".clrK -, Date: -/'�IS-- EXHIBIT C Community Development Block Grant Program Quarterly Progress Report Construction Projects (Housing,Public Facilities or Infrastructure) Report period: July 2013 to September 2013 Subrecipient: City of Spokane Valley Project: Adams Road Resurfacing Project, Sprague Ave.to 4th Avenue Person completing report: Pete Fisch Job Title: Engineering Technician Contact telephone number: (509)714-7133 1. Describe current status of project (for example: planning, procurement, pre- development, construction, activity underway, service marketing, etc.) and current focus of activity: 75%plans being reviewed,assembling Contract Provisions. 2. Describe significant actions taken during report period: Plans substantially complete,Contract Provisions being finalized. 3. Describe and provide reasons for changes in original project goals/milestones: No changes at this time. 4. Is the project on time per the timeline contained in the Subrecipient Agreement? 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: D 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 rovement 7rd If this is an Area Wide Benefit,then check here 0 Washington StateTransportat�°n lmrnunities... investing+n your Foca!com Total: Individuals (Actual/Proposed) , Total: Participating City/Unincorporated are. � �� } 1.4i� ° t , i Beneficiary Incomes 4 t\ -,.a„ Number of individuals at: li a 1�r;' ,{; . : Oto 30% 31 to 50% c ��` n '. ?\ tt lit f , Total Project Funds Expended During Report Period A • Total CDBG Funds Expended During Report Period i r� '� � ' 905to, 0"9G1 P.O.Box40901 414 ;360-5a0-7165 Other Project Funds Expended During Report Period: Phone:360-5336, Source Amount TOTAL $ Date Signature of Authorized Official Typed Name Project Name: City of Spokane Valley Exhibit E Project No. 15-17 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$100,000 for each such failure. aur &ilea o. DO RP rii? ©l .r t, t�f' '`_ ,. i rtc a - 1 Organization Name 1 PR/ ward(or Application)Number Or Project Name dfA tliiiirl [1(4.S4( - i f g¢$ M lie La/4'N c , /(1.4.,,ei Name and Title Authorized resentative it .4', i OA Signature Date Project Name: City of Spokane Valley Exhibit E Project No. 15-17 Project Name: Project Name: City of Spokane Valley Exhibit F Project No. 15-17 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 financial account information for payment purposes and a Iink 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. 15-17 of the five(5)most highly compensated officers of GRANTEE(as the subawardee)if: 1. GRAN 11,E (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 I5(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 I Name Officer 1 Total Compensation Amount 'r D O E a K)49T' M CO K.J A) "1-70 1 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. 15-17 If GRANTEE does not meet these criteria, specifically identify below each criteria that is not met for your organization: C(2_A--+..rr 6 0 O s i-3©-r tA.4 b' 7Co L f 77 0 J 1- MINUTES City of Spokane Valley City Council Regular Meeting Formal Meeting Format Tuesday,October 14,2014 Mayor Grafos called the meeting to order at 6:00 p.m. Attendance: City Staff: Dean Grafos,Mayor Mike Jackson City Manager Arne Woodard,Deputy Mayor Mark Calhoun,Deputy City Manager Bill Bates,Councilmember Cary Driskell,City Attorney Chuck Hafner,Councilmember Erik Lamb,Deputy City Attorney Rod Higgins,Councilmember Eric Guth,Public Works Director Ed Pace,Councilmember Mike Basinger,Economic Dev.Coordinator Ben Wick,Councilmember Doug Powell,Building Official Rick VanLeuven,Police Chief Chris Bainbridge,City Clerk INVOCATION: Pastor Chris Brummett of Valley Fourth Memorial Church gave the invocation. PLEDGE OF ALLEGIANCE: Council, Staff,and audience rose for the Pledge of Allegiance. ROLL CALL:City Clerk Bainbridge called the roll;all Councilmembers were present. APPROVAL OF AGENDA: It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to approve the agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: n/a COMMITTEE.BOARD,LIAISON SUMMARY REPORTS: Councilmember Hafner:reported that he attended a SCOPE Recognition Dinner;said the State Board of Health representatives were available to speak with several people from the Regional Health District about the topic of septic tanks in the Puget Sound and the problem with not keeping them maintained; said our Health District Officer Dr. Joel McCuIlough gave a report about the Health District's recent international award in Shanghai,China,naming us as one of the three healthiest workplaces in the world. Councilmember Pace: reported that he attended the STA (Spokane Transit Authority) Planning Committee meeting and heard presentations about community meetings including the STA "Moving Forward" Plan to grow their system; went to the Law and Justice Committee meeting here last week which included the topic of weaknesses in electronic home monitoring; said he took a tour of Spokane Valley Tech School and was amazed at the facility; went to the Chamber of Commerce Governance Committee,and attended the Greater Valley Support Network Monthly meeting. Councilmember Higgins:no report. Councilmember Bates: said he attended the Sullivan Bridge launch and ribbon cutting;went to the Inland Northwest Partner's Conference with Councilmembers Hafner and Higgins at Hayden Lake,Idaho,where they heard about tourism travel and the economy, and said tourism is our state's fourth largest industry; went to the annual SCOPE Appreciation Dinner;participated in the monthly Regional Clean Air Agency meeting which included the topic of trading outdated woodstoves for less polluting models;and went to our City's Governance Manual meetings and said something should be coming to Council soon on proposed changes. Councilmember Wick: reported that he attended the Spokane Regional Transportation Committee meeting and mentioned the previously awarded $1 million for our City's Appleway project, said it was ranked #2 on the contingency list and could potentially pick up another $200,000; said he met with Minutes Regular Council Meeting I0-14-2014 Page I of 5 Approved by Council: 10-28-2014 Senators Padden and King and gave a brief talk on the Barker Bridge Separation Plan;and also toured the property showing the Senators what it is we are trying to do. Deputy Mayor Woodard:no report. MAYOR'S REPORT: Mayor Grafos said he welcomed the Senate Law&Justice Council to City Hall for a meeting last week;and attended a subcommittee meeting with Senators Padden and King yesterday. PUBLIC COMMENTS: Mayor Grafos invited public comments. Misty Ashley:said she moved here from California to be in a nice community;said her father and father- in-law are truck drivers; they live on 9th Street and park in their own driveway;said they are very quiet and respectful of neighbors,and said she doesn't see a problem with what they are doing. Jim Fallis: said he lives in Spokane Valley, he is a truck driver and occasionally brings his truck home; said he is very quiet and would not bring a loud vehicle out in the early morning; and said he doesn't understand all the problems. Gary Swanson: said he also lives in Spokane Valley and is also a truck driver, said there are several trucks around his neighborhood and no one has ever complained; he said they don't bring their trailers home; said if Council takes that away they'd have no place to put them and can't afford to rent property with security and electricity and would risk losing their jobs; said he doesn't think Council can do this; said he thinks he can get a lot of signatures and that the truck people will back them and he suggested Council check with the City Attorney to see if that would be legal;said he has a right to work and make a living. Robert Ashley: said most truck drivers moved to Spokane Valley so they wouldn't have to think about overhead costs or where to park; said if that is taken away it would add an overhead cost to them and would break some of them. Mark Marmarella:said he is a neighbor of the Ashleys and Iives on 9th;said people who have trucks are respectful and most people wouldn't even know they had trucks until you drive past as the trucks are tucked away; said he never hears them; they are safe and they drive slow and are respectful and don't make the place look Iike a dump and he gives them his full support. Helena Folsom: spoke concerning sidewalks; said she lives in Spokane Valley close to Adams Elementary and is concerned about kids going to and from school; said as new development comes in they include sidewalks and improvements; and she asked about the City considering extending that to beyond the area of the developers; said she would like to see that occur at least in future developments around schools. Blair Ashley: said he lives in Spokane Valley and wants to know how many complaints were received about commercial trucks parked in residential areas. 1. PUBLIC HEARING:Proposed 2015 Budget—Mark Calhoun Mayor Grafos opened the public hearing at 6:23 p.m. After Deputy City Manager Calhoun went through the PowerPoint presentation explaining the highlights of the proposed budget, including the two recently added non-recurring expense changes, Mayor Grafos invited public comment. No comments were offered and Mayor Grafos closed the public hearing at 6:34 p.m. 2. PUBLIC HEARING: Community Development Block Grant(CDBG)Proposed Projects—Mike Basinger Mayor Grafos opened the public hearing at 6:35 p.m. Economic Development Coordinator Basinger explained about the CDBG funding progressions and our City's guaranteed 20%set-aside; he went over the grant criteria and project selection methodology and said both projects are consistent with the City's adopted Bike Pedestrian Master Plan and meet the grant criteria. Mr. Basinger also explained that there were years in the past when we did not receive our full funding,and he is optimistic about receiving more this year. Mayor Grafos invited public comment. Ms. Helena Folsom said she understands that this involved a grant focused toward lower income neighborhoods,and said she has a concern about the need for sidewalks in the moderate to higher neighborhoods as well, and mentioned Adams Elementary on Minutes Regular Council Meeting 10-14-2014 Page 2 of 5 Approved by Council: I0-28-2014 r Progress; said the recent development includes beautiful sidewalks,but the rest of the area needs help and perhaps in future similar projects, the City could make some sort of a match to fund more sidewalks. There were no other public comments and Mayor Grafos closed the public hearing at 6:45 p.m. Deputy Mayor Woodard said that about three years ago we did not take our full funding allotment; that he is a member of that committee and his rationale for recommending less to our City was that some of the other communities needed water and sewer;said things have turned around now and he is not hesitant to ask for the extra funds. City Manager Jackson said staff will look into the Adams Elementary sidewalk mentioned by Ms. Folsom;said the City funds projects through a variety of sources and this is just one program. 3. PUBLIC HEARING: Draft 2014 Amended Transportation Improvement Plan (TIP) — Steve Worley At 6:46 p.m., Public Works Director Guth,standing in for Mr. Worley,explained the need for amending the 2014 TIP due to the added Sullivan Preservation Project. Mayor Grafos invited public comment; no comments were offered and Mayor Grafos closed the public hearing at 6:49 p.m. 4. CONSENT AGENDA: Consists of items considered routine which are approved as a group. Any member of Council may ask that an item be removed from the Consent Agenda to be considered separately. Proposed Motion:I move to approve the ConsentARenda. a.Approval of claim vouchers on Oct 14,2014 Request for Council Action Form Totaling:S4,035,437.78 b.Approval of Payroll for Pay Period Ending September 30,2014:$424,495.86 c.Approval of September 5,2014 Council of Governments Meeting Minutes d.Approval of September 9,2014 Formal Council Meeting Minutes e.Approval of September 16,2014 Study Session Council Meeting Minutes f.Approval of September 23,2014 Formal Council Meeting Minutes g.Approval of October 7,2014 Study Session Council Meeting Minutes It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to approve the Consent Agenda. NEW BUSINESS: 5.First Reading Proposed Property Tax Ordinance#14-0I1 —Mark Calhoun After City CIerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Woodard and seconded to advance Ordinance 14-011, levying regular property taxes for 2015, to a second reading. Deputy City Manager Calhoun explained that this property tax ordinance does not include the State permitted 1% increase,but does include property taxes on new construction. Mayor Grafos invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Motion carried. 6.Proposed Resolution#14-010 Amending 2014 Transportation Improvement Plan--Steve Worley It was moved by Deputy Mayor Woodard and seconded to approve Resolution 14-010 adopting the second amended 2014 Transportation Improvement Plan as presented. Public Works Director Guth, speaking for Mr. Worley, noted that this amendment includes the added Sullivan Preservation Project. Mayor Grafos invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed:None. Motion carried. 7.Motion Consideration: Street Maintenance Contract—Eric Guth It was moved by Deputy Mayor Woodard and seconded to award the Street and Storntwater Maintenance and Repair Services contract to Poe Asphalt Paving, Inc. in an amount not to exceed 51,366,663 and to authorize the City Manager to finalize and execute the contract. Public Works Director Guth explained that the current contract expires at the end of this year,that the contract was put out for bids,four bidders responded with Poe as the lowest responsive and responsible bidder, and that the bids came in under the Minutes Regular Council Meeting l0-€4-2014 Page 3 of 5 Approved by Council: 10-28-2014 current contract amount. Mayor Grafos invited public comment; no comments were offered. Vote by Acclamation:In Favor: Unanimous. Opposed:None. Motion carried. 8.Motion Consideration: CH2M Hill Contract Amendment-Eric Guth It was moved by Deputy Mayor Woodard and seconded to authorize the City Manager or his designee to execute Contract Supplement #I2 with CH2M Hill in the amount of 3577,505 for construction phase services on the Sullivan Road West Bridge Replacement Project 40155. As noted on his Request for Council Action Form, Public Works Director Guth explained the background and purpose of this supplemental agreement for construction services for the Sullivan Road West Bridge Replacement Project. Mayor Grafos invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed:None. Motion carried. 9.Motion Consideration:Community Development Block Grant Proposed Projects-Mike Basinger It was moved by Deputy Mayor Woodard and seconded to authorize staff to prepare CDBG applications for the following sidewalk projects in the following order of priority: (1) Mission Avenue east of Lily Road to Park Road; and (2) Park Road, Mission Avenue to Nora Road Economic Development Coordinator Basinger explained that this motion accompanies the hearing held earlier tonight. Mayor Grafos invited public comment; no comments were offered. Vote by Acclamation:In Favor: Unanimous. Opposed:None. Motion carried PUBLIC COMMENTS: Mayor Grafos invited public comment;no comments were offered. Mayor Grafos called for a recess at 7:05 p.m.;he reconvened the meeting at 7:18 p.m. ADMINISTRATIVE REPORTS: 10.Historic Preservation—Mike Basinger:and Greg Griffith.Archaeology&Historic Preservation Economic Development Coordinator Basinger introduced and welcomed Mr. Greg Griffith,Deputy State Historic Preservation Officer for the Washington State Department of Archaeology and Historic Preservation; and Ms. Megan Duvall,formerly of the Washington State Department of Archaeology and Historic Preservation, and who is now the Historic Preservation Officer for the City of Spokane. Mr. Basinger said that tonight's presentation is in response to Council's request for further information concerning the Certified Local Government Program. Mr. Griffith gave a brief overview of the Program, followed by further information from Ms. Duvall concerning how to begin the Certified Local Government (CLG) Program, that the first step would be to create an ordinance to set up the Historic Preservation Commission, as well as define the local register of historic places; she further explained what a CLG does, the benefits of becoming a CLG, how to apply to become a CLG and what the responsibilities include; she explained about special tax valuation, CLG grants, the possibility of having an interlocal agreement with the City of Spokane, and then showed some examples from WISAARD (Washington Information System for Architectural and Archaeological Records Data), their searchable online database,which includes information and photos about the listed properties. Councilmember Wick said he would be open to working with the City of Spokane and using that model via the interlocal agreement. Ms.Duvall said that it doesn't take a lot of money to become a CLG,that it does require staff time and a good volunteer base, and while professionals would be beneficial,the City could hire a consultant for about ten hours a month to run meetings and/or do prep work for staff. Mayor Grafos said he too likes the idea of the interlocal agreement with the City of Spokane. Ms. Duvall said she thinks our City would still want its own commission, and that local historical society or museum curators are good sources. There was consensus to move forward with the program of a CLG. Minutes Regular Council Meeting 10-14-2014 Page 4 of 5 Approved by Council: 10-28-2014 11.Proposed 2014 Budget Amendment—Mark Calhoun Deputy City Manager Calhoun explained all the proposed amendments as noted in his October 14,2014 Request for Council Action Form, noting that a public hearing is scheduled for October 28 on the proposed amended budget. 12.Advance Agenda Councilmember Pace said he would like to have a future administrative report on tonight's Public Safety Contract Update information only item. INFORMATION ONLY(will not be reported or discussed): The(13) Solid Waste Management Plan;(14)Moderate Risk Waste Plan;and(15)Public Safety Contract Update were for information only and were not reported or discussed. CITY MANAGER COMMENTS City Manager Jackson mentioned the City's new ad and billboards for the solid waste program;said that we are seeking a position on the Law and Justice Commission but so far have not received anything in the affirmative,and said he will be contacting other cities to see if Spokane Valley can be the representative seat for the cities; there was no objection from Council in moving forward in that regard. Mr.Jackson also noted that he met with Dr. Harken of the Arts Council as they are working on a new sculpture to donate to Spokane Valley,the sculpture of the Dance of the Sun and the Moon,with the idea of placing it west of the Walking the Line Sculpture;and said they have a scheduled unveiling of March 26,20I5.Mr. Jackson also noted he has been working on a submission to GSI to be part of their Iegislative agenda in asking for support for the $I million for the Appleway Trail, and for long-term support for the Barker Overpass Project. It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to adjourn. The meeting adjourned at 8:20 p.m. ATTE . Dean Grams,Mayor"- Kiri ine Bainbridge,City Cle r Minutes Regular Council Meeting 10-14-2014 Page 5 of 5 Approved by Council: 10-28-2014 NE�:A-iPUBLI T--,e 071 SME# :NIT SIGN-IN SHEET SPOKANE VALLEY CITY COUNCIL MEETING October 14, 2014 NERAL CsITIErNC (� 1V�1VIENT'S' YOUR SPEAKING TIME WILL GENERALLY BE LIMITED TO THREE MINUTE Please sign in if you wish to make public comments. NAME TOPIC OF CONCERN YOUR CITY OF RESIDENCE PLEASE PRINT YOU WILL SPEAK ABOUT 1t(AA CeliffIair;A-e ve;a24Aphlp 5e,)Lou U Please note that once information is entered on this form,it becomes a public record subject to public disclosure.