18-128.00 Spokane County Community Svcs, Housing & Developement: CDBG Grant Knox Sidewalks 18-i 7-S
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Spokane County
MAS HINGTOW
COMMUNITY SERVICES, HOUSING, AND COMMUNITY DEVELOPMENT DEPARTMENT
Kathleen Torella, Director
To: 2018 Community Development Block Grant(CDBG) Subrecipient
From: Community Services, Housing, and Community Development Department
Date: October 4, 2018
Re: 2018 Subrecipient Agreements
Enclosed is a signed executed copy of your 2018 CDBG Subrecipient Agreement. The
Board of County Commissioners finalized our agreements with the U.S. Department of
Housing and Urban Development on September 25, 2018. Please take the time to
familiarize yourself with the program requirements. This letter serves as your written
notice to proceed.
You may begin incurring project costs (retroactively from July 1, 2018), provided those
costs are eligible and in accordance with regulations and requirements outlined in the
agreement. Prior to disbursing the funds to your agency, you must submit a Signature
Authorization Letter on your organizations letter head. A sample of the Signature
Authorization Letter, as well as 2018 Program Year Playing by the Rules, and all other
documents needed to administer your program, is on our website at
https://www.spokanecounty.org/4 134/CDBG-Subrecipient-Management-Documents.
Please contact your project administrator, Christy Jeffers at 477-4490 or
cjeffers(a.spokanecounty.org if you have any questions regarding your 2018
CDBG project. We are looking forward to working with you during program year 2018,
and wish you success with your project.
www.spokanecounty.org/CSHCD
312 West 8th Avenue, Spokane, Washington 99204
509.477.5722 T 1800.273.5864 1800.833.6384 Relay 1509.477.6827 F
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AGREEMENT BETWEEN
SPOKANE COUNTY AND IN CONJUNCTION WITH GRANT
1.Subrecipient • 2.Contract Amount 3.Tax ID# REDAcTED
City of Spokane Valley $287,426
10210 East Sprague Avenue
Spokane Valley,WA 99206 4. DUNS# 168240617
6.County's Representative •
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5.Subrecipient Representative Spokane County Community Services,Housing,and Community
Development
Mark Callhoun Tim Crowley
10210 East Sprague Avenue Community Development Specialist 3
312
Spokane Valley,WA 99206 Spo West 8 kane,WA 99g
Av
Phone Number:(509)720-5014 • Spo24
7.Subrecipient ID# 8.Original Grant ID# 9.Start Date 10.End Date
CDBG 18-17 B1 8 U C 5 3 0 0 0 4 07/01/18 06/30/19
11.Funding Source: •
)Federal � J
12.Federal Funds(as applicable) CFDA# Federal Agency:
$1,597,341 14.218 HUD
13.Contractor Selection Process: 14.Contractor Type:
(checkallthatapplyorqualify) (check all that apply)
Sole Source ( )Private Organization/Individual
A/E Services (x)Public Organization/Jurisdiction
Competitive Bidding VENDOR
x SUBRECIPIENT
) Pre-approved by Funder 'Nonprofit I I or-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:
C / /t
gn
Si ature D Si ature Date
Marr Ca(k —ex (As
Name Name
n4y Net aVit�Y
Title 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
redacted or withheld documents pursuant to Spokane Valley
Municipal Code (SVMC) 2.75.080; and obtain judicial review
CDBG 18-17 City of Spokane Valley Agreement pursuant to RCW 42.56.550.
Page 1 of 27
COMMUNITY DEVELOPMENT BLOCK GRANT
SUBRECIPIENT AGREEMENT
(Government Entity)
Project Number CDBG 18-17
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 10210 EAST SPRAGUS AVENUE, 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 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", (Catalog of Federal Domestic Assistance (CFDA) # 14.218).
1.2. Acceptance of the Spokane County 2015-2019 Housing and Community
Development Consolidated Plan and 2018 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-eight percent (78%) of the
Engineering costs not to exceed Twenty-Five Thousand Four Hundred Ninety-Three
Dollars ($25,493.00) and one hundred percent (100%) of the Construction costs, not to
exceed Two Hundred Forty-Nine Thousand, Nine Hundred and Thirty-Six Dollars
($249,936.00), and approximately fifty-five (55%) for Construction management costs,
not to exceed Eleven Thousand, Nine Hundred and Ninety Seven Dollars ($11,997), 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
CDBG 18-17 City of Spokane Valley Agreement
Page 2 of 27
2.1. This Agreement shall consist of this Subrecipient Agreement and all exhibits
(Exhibits A - G) 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.
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, 2018 and shall be completed no later than June 30, 2019,
hereinafter referred to as the "Project Period."
3.2. If the HUD Contract is not executed prior to July 1, 2018, 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 $287,426.00
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 Two Hundred
Eighty-Seven Thousand Four Hundred Twenty-Six Dollars and No Cents
($287,426.00).
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, Exhibit A.
Requests for reimbursement must be accompanied by documentation
CDBG 18-17 City of Spokane Valley Agreement
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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 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.
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 previously 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. Revisions to the approved Subrecipient detailed line item budget, which
require moving ten percent (10%) or less between budget categories must
be submitted in writing and require written approval by the CSHCD
Program Administrator. A budget amendment is required when a) revisions
(in one or cumulative transfers) reach more than 10 percent of the grant
total; b) revision requires moving funds into a nonbudgeted category in any
amount; or c) an increase in budget.
5.3.5. For all construction projects, the use of any CDBG funds designated as
"contingency funds" in the project budget, Exhibit A, must be reviewed and
approved by the County.
5.3.6. All funds obligated or committed by the Subrecipient to contractors,
suppliers, etc. during the Project Period must be expended on or before
June 30, 2019. CDBG funds, which are not expended by June 30, 2019,
shall be returned to the County.
5.4. Administrative Costs:
5.4.1. Administrative costs for the performance of the Agreement shall not exceed
the amount identified in the Budget, 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 include 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.
5.5. Recovery of Overpayment to Contractor:
5.5.1. 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 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
CDBG 18-17 City of Spokane Valley Agreement
Page 4 of 27
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.
5.6. Cost Principles:
5.6.1. Payments to the Subrecipient are governed by the Federal grants
management rules for cost allowability found at 2 CFR 200 Subpart E-Cost
Principles. Accordingly, payments will be made on a cost reimbursement
basis. Each request for reimbursement shall identify the associated project
and approved project task(s) listed under the Scope of Services. The
Subrecipient may only incur direct costs that may be attributed specifically
to the projects referenced above as defined in 2 CFR 200.413. The
Subrecipient must provide adequate documentation for validating costs
incurred. Payments to Subrecipient's contractors and vendors are
conditioned upon compliance with the procurement requirements provided
for in 2 CFR 200.318-200.326. Allowable costs incurred by the
Subrecipients and any Contractors shall be in compliance with 2 CFR
Subpart E-Cost Principles.
5.7. Payment Obligation:
5.7.1. 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. SPECIAL GRANT CONDITIONS
6.1. All financial transactions involving CDBG funds are subject to the regulations,
policies, guidelines and requirements contained in the Uniform Administrative
Requirements, Cost Principles and Audit Requirements at 2 CFR Part 200 which
describe 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.
6.2. 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.
6.3. The Subrecipient shall ensure that construction and management of the Project is
done in the most cost effective and efficient manner possible.
6.4. The Subrecipient shall establish written Accounting and Internal Control Policies
and Procedures, including cost allocation plan and supporting documentation used
to arrive at rate/costs if applicable.
6.5. The Subrecipient's financial management system at a minimum shall:
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6.5.1. 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;
6.5.2. 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
6.5.3. 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.
6.6. Uniform Administrative Requirements, Cost Principles and Audit Requirements:
6.6.1. 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 Auditor's Office.
6.7. Financial Management:
Subrecipient shall:
6.7.1. Expend and account for the Federal award in accordance with state and
federal laws. In addition, the Subrecipient's financial management
systems, including records documenting compliance with Federal statutes,
regulations, and the terms and conditions of the Federal award, must be
sufficient topermit the preparation of reports required by general and
program-specific terms and conditions; and the tracing of funds to a level
of expenditures adequate to establish that such funds have been used
according to the Federal statutes, regulations, and the terms and conditions
of the Federal award.
6.7.2. Subrecipient shall have a financial management system that must provide
for the following:
6.7.2.1. Identification, in its accounts, of all Federal awards received and
expended and the Federal programs under which they were
received.
6.7.2.2. Accurate, current, and complete disclosure of the financial
results of each Federal award or program in accordance with the
reporting requirements set forth in § 200.327 Financial reporting
and § 200.328 Monitoring and reporting program performance.
6.7.2.3. Records that identify adequately the source and application of
funds for federally-funded activities. These records must contain
information pertaining to Federal awards, authorizations,
obligations, unobligated balances, assets, expenditures, income
and interest and be supported by source documentation.
6.7.2.4. Effective control over, and accountability for, all funds, property,
and other assets. The non-Federal entity must adequately
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safeguard all assets and assure that they are used solely for
authorized purposes. See § 200.303 Internal controls.
6.7.2.5. Comparison of expenditures with budget amounts for each
Federal award.
6.7.2.6. Written procedures to implement the requirements of § 200.305
Payment.
6.7.2.7. Written procedures for determining the allowability of costs in
accordance with Subpart E—Cost Principles of this part and the
terms and conditions of the Federal award.
6.7.2.8. Subrecipient shall also follow 2 CFR § 200.333 Retention
requirements for records; § 200.334 Requests for transfer of
records; § 200.335 Methods for collection, transmission and
storage of information; § 200.336 Access to records;
and § 200.337 Restrictions on public access to records.
6.8. Internal Controls–2 CFR Part 200.303:
6.8.1. Subrecipient shall establish and maintain effective internal control over the
Federal award that provides reasonable assurance that the Subrecipient is
managing the Federal award in compliance with Federal statutes,
regulations, and the terms and conditions of the Federal award.
6.8.2. Comply with Federal statutes, regulations, and the terms and conditions of
the Subrecipient agreement.
6.8.3. Take prompt action when instances of noncompliance are identified
including noncompliance identified in audit findings.
6.8.4. Take reasonable measures to safeguard protected personally identifiable
information and other information the Federal awarding agency or County
designates as sensitive or the Subrecipient considers sensitive consistent
with applicable Federal, state, local, and tribal laws regarding privacy and
obligations of confidentiality.
6.9. Audit:
6.9.1. If Subrecipient expends a total, from all income sources, of Seven Hundred
and Fifty Thousand Dollars, ($750,000.00) or more of federal funds per
fiscal year, the Subrecipient shall have a single or program-specific 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.
6.9.2. The Subrecipient shall submit its audit report, including any "Management
Letter" and/or all other correspondences referred to in the audit report,
along with Subrecipient's response to the audit and corrective action plan,
if any, no later than thirty (30) days after completion of the audit. The
independent auditor's working papers shall be made available for the
County review, upon request by the County.
6.9.3. 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
CDBG 18-17 City of Spokane Valley Agreement
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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.
6.9.4. If Subrecipient expends less than $750,000 during the non-Federal entity's
fiscal year in Federal awards, Subrecipient records must be available for
review or audit by appropriate officials of Spokane County, HUD, and
Government Accountability Office (GAO).
6.9.5. If Subrecipient is exempt from Federal audit requirements yet has an
annual independent fiscal audit conducted of its financial statement and
condition, the Subrecipient shall submit the completed independent audit
and audit report to the County within 30 days of completion.
6.10. Fraud and Abuse
6.10.1. 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
unnecessary costs, or in reimbursement for services that are not
necessary or that fail to meet professionally recognized standards.
6.10.1.1. The Subrecipient's Fraud and Abuse program shall have
procedures for the following requirements:
6.10.1.1.1. Provision of detailed information, ongoing training, and
education 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 including information regarding the rights of
employees to be protected as whistleblowers;
6.10.1.1.2.Written policies, procedures, and standards of conduct
requiring that the Subrecipient and the Subrecipient's
officers, employees, agents and subcontractors are in
compliance with the requirements of this section and
articulate the Subrecipient's commitment to comply with all
applicable federal and state standards;
6.10.1.1.3. Enforcement of standards through well-publicized
disciplinary guidelines;
6.10.1.1.4. Internal monitoring 'and auditing of the Subrecipient and
providers;
6.10.1.1.5. Provisions for prompt responses to detected offenses and
development of corrective action initiatives;
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6.10.1.1.6. Provision for full cooperation with any federal or state
agency investigation including promptly supplying all data
and information requested for their investigation;
6.10.1.1.7. Report fraud and/or abuse information to CSHCD as soon
as it is discovered to include the source of the complaint,the
involved individual(s), nature of the fraud or abuse
complaint, approximate dollars involved, and the legal and
administrative disposition of the case.
7. GENERAL TERMS AND CONDITIONS
7.1. Relationship:
7.1.1. The relationship of the Subrecipient to the County shall be that of an
independent contractor. No provision of this Agreement is intended or
deemed to create any relationship between the Parties hereto other than
that of independent entities contracting with each other solely for the
purpose of effecting the provisions of this Agreement. Neither of the Parties
hereto, nor any of their respective employees, shall be construed to be the
agent, employee, representative,joint venture, or partner of the other.
7.1.2. The Subrecipient and its employees or agents will not hold themselves out
as, nor claim to be, an agent, officer or employee of the County, nor will
they claim any of the rights, privileges or benefits which might accrue to
County employees.
7.1.3. Subrecipient shall be responsible for all federal and/or state tax, industrial
insurance, and Social Security liability that may result from the performance
of services, and resulting compensation, for services described herein.
7.2. Modifications and Amendments:
7.2.1. Except as provided otherwise herein, this Agreement may be amended
only in writing by agreement of all parties hereto.
7.2.2. The Subrecipient hereby acknowledges that this Agreement is subject to
all Federal statutes, Federal regulations, RCWs, and Washington
Administrative Codes (WAC) 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
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in writing to 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.
7.5. Exhibits:
7.5.1. 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.
8.2. 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.
8.3. The County will monitor the performance of the Subrecipient in attempts to mitigate
fraud, waste, abuse, or non-performance based on goals and performance
standards as stated with all other applicable federal, state and local laws,
regulations, and policies governing the funds provided under this agreement
further defined by 2 CFR 200.331. Substandard performance as determined by the
County will constitute noncompliance with this agreement. If corrective action is
not taken by the Subrecipient within a reasonable period of time after being notified
by the County, contract suspension or termination procedures will be initiated.
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8.4. 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).
8.5. 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 or desk monitoring 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 cost reports, and other such program or fiscal data
reasonably required to evaluate the performance of this Agreement.
8.6. 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.
8.7. 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.
8.8. This section shall remain effective pursuant to 24 CFR 570.
9. SUSPENSION AND TERMINATION
9.1. This Agreement may be suspended or terminated in whole or in part as follows:
9.1.1. By fulfillment: The Agreement will be considered to be terminated upon
fulfillment of its terms and conditions;
9.1.2. By mutual consent: The Agreement may be terminated or suspended, in
whole or in part, at any time, if both Parties consent to such termination or
suspension. The conditions of the suspension or termination shall be
documented in a written amendment to this Agreement; or
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
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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 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 Investment Partnership Program or CDBG funding).
9.2.7. Subject to the suspension process described above termination will occur
when corrective action is not completed in a timely fashion as prescribed.
9.2.8. Improper or illegal use of funds will result in immediate suspension and/or
termination within the County's sole discretion. Suspension and/or
termination in this case may be initiated by telephone or personal contact
with a written confirmation to Subrecipient within five (5) business days.
The confirmation of suspension and/or termination to Subrecipient shall
specify the reasons for suspension and/or termination and notify the
Subrecipient of the County's future course of action regarding the improper
or illegal action.
9.2.9. Illegal or improper mishandling of funds or conduct which endangers,
discriminates against, or otherwise subjects project beneficiaries to harm,
may also result in a report of the conduct to appropriate legal authorities.
9.3. The County reserves the right to terminate this contract, in whole or in part,
immediately upon receipt of notice to the Subrecipient, in the event expected or
actual funding to the County from the Federal government or other sources is
withdrawn, reduced or eliminated.
9.4. In the event of suspension, further payment may be withheld until the Subrecipient
takes corrective action or the County terminates the Agreement.
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•
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 CSHCD ("Director").
10.2. The Director's decision shall be made within ten (10) business days of receipt of
the dispute, unless circumstances warrant a reasonable delay in said response.
10.3. Either party shall have the right to pursue relief in a court of competent jurisdiction,
if the Director does not resolve the dispute to their satisfaction. The Parties may
mutually agree to resolve the dispute through an alternative dispute resolution
mechanism, including but not limited to arbitration or mediation.
10.4. In any dispute arising in connection with this Agreement, each Party shall be
required to pay its own costs and expenses, including attorney's fees incurred in
connection therewith, in preparation therefore and on appeal therefrom and in any
bankruptcy proceeding related thereto.
11. SEVERABILITY
11.1. If any provision of this Agreement, or portion thereof, is held invalid by any court
of rightful jurisdiction, the remainder of this Agreement shall not be affected,
providing the remainder continues to conform to applicable Federal and State
law(s) and regulations and can be given effect without the invalid provision.
12. MAINTENANCE AND RETENTION OF RECORDS AND REPORTS
12.1. Subrecipient shall provide a written Records Maintenance Policy and Procedures
which will cover records storage, retention, and disposition procedures.
12.2. Records Maintenance
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12.2.1. The Subrecipient shall maintain sufficient records in accordance with 24
CFR 570.506 to determine compliance with the requirements of this
agreement, the CDBG Program and all other applicable laws and
regulations. Subrecipient shall also follow 2 CFR § 200.333 Retention
requirements for records; § 200.334 Requests for transfer of records;
§ 200.335 Methods for collection,transmission and storage of information;
§ 200.336 Access to records; and § 200.337 Restrictions on public access
to records. This documentation shall include, but not be limited to, the
following:
12.2.1.1. 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.
12.2.1.2. 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.
12.2.1.3. Subrecipient shall maintain records sufficient to substantiate
CSHCD's statement of its organization's structure, tax status,
capabilities, and performance.
12.2.1.4. 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.
12.2.1.5. All records required by CDBG regulations.
12.2.1.6. Subrecipient shall keep and maintain public records that
ordinarily and necessarily would be required by County in order
to perform the service.
12.2.1.7. All reports, plans, surveys, information, documents, maps,
books, records and other data procedures developed, prepared,
assembled, or completed by the Subrecipient for the purpose of
this agreement shall be made available to the County by the
Subrecipient at any time upon request by the County. Materials
identified in the previous sentence shall be in accordance with
generally accepted accounting principles (GAAP), procedures
and practices, which sufficiently and properly reflect all revenues
and expenditures of funds provided directly or indirectly by this
agreement, including matching funds and Program Income.
These records shall be maintained to the extent of such detail as
will properly reflect all net costs, direct and indirect labor,
materials, equipment, supplies and services, and other costs and
expenses of whatever nature for which reimbursement is
claimed under the provisions of this agreement.
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12.2.1.8. Upon completion of all work contemplated under this agreement
copies of all documents and records relating to this agreement
shall be surrendered to the County if requested. In any event the
Subrecipient shall keep all documents and records in an orderly
fashion in a readily accessible, permanent and secured location.
12.2.1.9. The Subrecipient shall maintain records showing compliance
with the Davis- Bacon Law, including files containing contractor
payrolls, employee interviews, Davis-Bacon wage rates, and
administrative cross-referencing. Subrecipient shall maintain
records showing contractor compliance with the Contract Work
Hours and Work Safety Law. Similarly, the Subrecipient shall
maintain records showing compliance with federal purchasing
requirements and with other federal requirements for grant
implementation.
12.3. Client Files:
12.3.1. The Subrecipient shall be responsible for the creation and maintenance of
income eligible files on clients served and documentation that all
households are eligible under HUD Income Guidelines. The Subrecipient
agrees that the County shall be the final arbiter on the Subrecipient's
compliance.
12.3.2. The Subrecipient shall document how the National Objective(s) as defined
in 24 CFR 570.208 and the eligibility requirement(s) under which funding
has been received, have been met. These also include special
requirements such as necessary and appropriate determinations as
defined in 24 CFR 570.208, income certification, and written agreements
with beneficiaries, where applicable.
12.3.3. Subrecipient shall provide the public with access to public records
pursuant to RCW 42.56 and/or 5 United States Code (USC) 552.
Subrecipient shall ensure that public records that are exempt or
confidential from public records disclosure requirements are not disclosed
except as authorized by 2 CFR 200.336 and 2 CFR 200.337.
12.4. Records Retention:
12.4.1. 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 completion and •
resolution of all issues arising there from or until the end of the six (6) year
period, whichever is later.
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
CDBG 18-17 City of Spokane Valley Agreement
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allocation plans or other requested documentation helpful to the County in
determining the eligibility of costs. Each successive request for reimbursement will
include, at a minimum, back up documentation for costs incurred.
13.2. Subrecipient shall prepare, complete and submit reports and other information as
required by the County to demonstrate compliance with applicable regulations,
eligibility of activities and costs, and project performance standards as described
in this document. Failure to prepare and submit required reports and documents
will constitute a breach of the performance of this Agreement and lead to
suspension and/or termination of the Agreement pursuant to the terms of this
Agreement.
13.3. The Subrecipient shall:
13.3.1. Report to the County and obtain approval of the procurement process
employed by Subrecipient prior to awarding a contract for professional or
construction services or purchase of materials;
13.3.2. Prepare and submit to the County, when applicable, construction
specifications, project plans, bid packets and other documentation prior to
the execution of that project component. Prior to solicitation of any bids
the Subrecipient will obtain from the County, the appropriate federal wage
rates and labor standards documentation to be included in the bid package
for any projects covered under the Davis-Bacon Act;
13.3.3. Obtain and submit records acquired from construction contractors and
subcontractors, that document compliance with the Davis-Bacon Act, as
amended, the Copeland Act, the Contract Work Hours and Safety
Standards Act and Prevailing Wages, RCW 39.12;
13.3.4. Report to the County, methods used to implement Fair Housing Laws and
affirmatively market services to otherwise qualified persons, without
regard to age, sex, color, ethnic origin, religion, disability or familial status;
13.3.5. Include identification of the County CDBG funding on all printed materials,
including signage, books, reports, pamphlets, brochures, posters and
articles, published and circulated for the purpose of describing, evaluating,
or publicizing services or activities funded under this Agreement;
13.3.6. Submit project progress, project benefit, and project financial reports
within the timelines presented below; and
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, 2019 (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
CDBG 18-17 City of Spokane Valley Agreement
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the Board of Spokane County Commissioners, HUD, and the Housing and
Community Development Advisory Committee to document performance.
13.6. Additional reports may be requested from the Subrecipient, if necessary to comply
with federal requirements.
13.7. Reimbursement for project costs incurred will be contingent upon the submission
of required reports. Failure to notify a Subrecipient of the lateness of required
reports does not release the Subrecipient from the responsibility for their timely '
submittal.
14. PROCUREMENT AND SUBCONTRACTS
14.1. No part of this agreement may be assigned or subcontracted without the written
consent of the County, which consent, if given at all, shall be at the County's sole
discretion and judgment.
14.2. 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 notwithstanding its designation of any third party to undertake
all or any of the Projects. 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.
14.3. By signature of this Agreement, the Subrecipient herby certifies that neither the
Subrecipient nor their respective officers, directors, shareholders, employees,
partners or member are subject to debarment, suspension or determination, of
ineligibility by HUD, and acknowledge that the County is relying upon this
declaration in entering into the Subrecipient Agreement.
14.3.1. By signature of this Agreement, the Subrecipient agrees to perform
debarment and suspension checks on all officers, directors, shareholders,
employees, partners or member contractors and subcontractors prior to
entertaining into contracts, and will provide documentation to the County
prior to entering into contracts annually, and will provide documentation to
the County prior to any CDBG funds being disbursed. The Subrecipient
will ensure that every contractor and subcontractor it contracts with will
have a DUNS number and the Subrecipient will use the System for Award
Management(SAM), to perform such debarment and suspension checks.
The website is: http://www.sam.gov.
14.4. The Subrecipient will consult with the 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:
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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 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
until evidence of all required insurance, policy endorsement and bonding
CDBG 18-17 City of Spokane Valley Agreement
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are provided to the County of Spokane. The Subrecipient's insurer shall
have a minimum A.M. Best's rating of A- and shall be licensed to do
business in the State of Washington. Evidence of such insurance shall
consist of a completed copy of the certificate of insurance, signed by the
insurance agent for the Subrecipient and returned to the Spokane County
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.
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 Subrecipient'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
durationof 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
CDBG 18-17 City of Spokane Valley Agreement
Page 19 of 27
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), for any
vehicle used in conjunction with the provision of services under
the terms of this Contract. Said policy shall provide that it shall
not be cancelled, materially changed, or renewed without forty-
five (45) days written notice thereto to Spokane County.
15.2.6.4. 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.
15.2.7. 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
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16.1. The Parties hereto shall maintain a Code of Conduct which governs the perfor-
mance of employees, agents, consultants, officers, or elected or appointed officials
who: 1) exercise any function or responsibility with respect to the award or
administration of contracts or procurement actions funded in whole or in part by
funds made available hereunder or 2) are in a position to participate in a decision
making process or gain inside information with regard to such activities. These
individuals are prohibited from obtaining a personal or financial interest or benefit
from any activity, or having an interest in any contract, subcontract or agreement
with respect thereto, or the process thereunder, either for themselves or their
family or business ties during their tenure or for a one (1) year period thereafter.
16.2. The Subrecipient organization/agency shall adopt such Code of Conduct within
thirty (30) days of the execution of this Agreement if a Code of Conduct described
in the preceding paragraph is not already in effect.
16.3. In the performance of the Agreement, Subrecipient agrees to comply with all
applicable laws and regulations that may pertain to conflicts of interest. These
include any applicable provisions of RCW Title 42. Any violation of this section
shall constitute a material breach of this Agreement, allowing the County to
terminate the Agreement pursuant to the terms hereof.
17. POLITICAL ACTIVITY AND LOBBYING
17.1. No portion of the funds provided hereunder shall be used for any partisan political
activity or to further the election or defeat of any candidate for public office or
influence or defeat of any ballot issue. No member or delegate to the Congress of
the United States of America, nor resident Commissioner, nor any other Federal
official shall be admitted to any share or part of the Federal funds provided by this
Agreement.
17.2. The Subrecipient will comply with the requirements set forth in Section 1352, Title
31, U.S. Code that prohibit the use of Federally appropriated funds to influence or
attempt to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification
of any Federal contract, grant, loan, or cooperative agreement.
17.3. Pursuant to Section 1352, Title 31, U.S. Code, subrecipient lobbying activity
funded by other than federally appropriated funds, shall be reported.
17.4. 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
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18.1. The Agreement is entered into pursuant to and under the authority granted by the
laws of the State of Washington and any applicable federal laws. The provisions
of this Agreement shall be construed to conform to those laws.
18.2. In the event of any inconsistency in the terms of this Agreement or between its
terms and any applicable statute or rule, the inconsistency shall be resolved by
giving precedence in the following order:
18.2.1. Applicable Federal Statutes and Regulations;
18.2.2. Applicable State Statutes and Regulations;
18.2.3. HUD Contract No.: B-18-UC-53-0004; and
18.2.4. Express terms of this Agreement and any amendments.
19. JURISDICTION
19.1. The laws of the State of Washington govern this Agreement. In the event of a
lawsuit by the Contractor against the County involving this Agreement, venue shall
be proper only in Spokane County, Washington. In the event of a lawsuit by the
County against the Contractor involving this Agreement, venue shall be proper only
as provided in RCW 36.01.050.
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. Drug-Free Workplace Act of 1988:
20.2.1.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.
20.3. Civil Rights, Equal Opportunity and Affirmation Action:
20.3.1. 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).
20.3.2. 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).
20.3.3. The Age Discrimination Act of 1975, as amended (P.L. 94-135), and
regulations issued pursuant thereto.
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20.3.4. 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.
20.3.5. 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.
20.3.6. 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).
20.3.7. Subrecipients who receive CDBG funds and who deliver human services
to low and moderate income persons, will be required to affirmatively
market such services to persons in Spokane County regardless of race,
religion, sex, age, national origin, color, handicap, or familial status. Such
affirmative marketing will be documented and submitted to the County as
part of the required monthly beneficiary and progress reports.
20.4. Labor Standards:
20.4.1. 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.
20.5. Real Property Acquisition, Displacement and Relocation Assistance:
20.5.1. 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).
20.5.2. Spokane County's Displacement and Relocation Policy relating to persons
affected by Community Development Block Grant activities.
20.6. Environmental Protection:
20.6.1. Executive Order 11988 relating to evaluation of flood hazards and Execu-
tive Order 11288 relating to the prevention, control and abatement of water
pollution.
20.6.2. Flood insurance purchase requirements of Section 102 and 202(a) of the
Flood Disaster Protection Act of 1973 (P.L. 93-234).
20.6.3. Lead Based Paint Poisoning Act (42.U.S.C. 4801 et seq.) and regulations
issued pursuant thereto (24CFR Part 35 Subpart B).
20.7. Purchase and Improvement of Property Acquired and/or Improved with CDBG
Funds:
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20.7.1. 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.
20.7.2. At a minimum, all property acquired and/or improved with CDBG funds will
be inventoried and reported on an annual basis by the Subrecipient. A
letter detailing the current usage and status of said property will be sent to
the County. The report shall be required for a period of five (5) years from
the expiration of this Agreement. Promissory Notes, Deeds of Trust or
other documents may additionally be negotiated as a term for receipt of
funds.
20.7.3. 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.
20.8. 2 CFR 200 Appendix II Contract Provisions for Non-Federal Entities:
20.8.1. Equal Employment Opportunity. Except as otherwise provided under 41
CFR Part 60, all contracts that meet the definition of "federally assisted
construction contract" in 41 CFR Part 60-1.3 must include the equal
opportunity clause provided under 41 CFR 60-1.4(b), in accordance with
Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319,
12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive
Order 11375, "Amending Executive Order 11246 Relating to Equal
Employment Opportunity," and implementing regulations at 41 CFR part
60, "Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor."
20.8.2. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by
Federal program legislation, all prime construction contracts in excess of
$2,000 awarded by non-Federal entities must include a provision for
compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-
3148) as supplemented by Department of Labor regulations (29 CFR Part
5, "Labor Standards Provisions Applicable to Contracts Covering
Federally Financed and Assisted Construction"). In accordance with the
statute, contractors must be required to pay wages to laborers and
mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor. In addition, contractors
must be required to pay wages not less than once a week. The non-
Federal entity must place a copy of the current prevailing wage
determination issued by the Department of Labor in each solicitation. The
CDBG 18-17 City of Spokane Valley Agreement
Page 24 of 27
decision to award a contract or subcontract must be conditioned upon the
acceptance of the wage determination. The non-Federal entity must report
all suspected or reported violations to the Federal awarding agency. The
contracts must also include a provision for compliance with the Copeland
"Anti-Kickback"Act (40 U.S.C. 3145), as supplemented by Department of
Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on
Public Building or Public Work Financed in Whole or in Part by Loans or
Grants from the United States"). The Act provides that each contractor or
subrecipient must be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give
up any part of the compensation to which he or she is otherwise entitled.
The non-Federal entity must report all suspected or reported violations to
the Federal awarding agency.
20.8.3. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708).
Where applicable, all contracts awarded by the non-Federal entity in
excess of$100,000 that involve the employment of mechanics or laborers
must include a provision for compliance with 40 U.S.C. 3702 and 3704, as
supplemented by Department of Labor regulations (29 CFR Part 5). Under
40 U.S.C. 3702 of the Act, each contractor must be required to compute
the wages of every mechanic and laborer on the basis of a standard work
week of 40 hours. Work in excess of the standard work week is
permissible provided that the worker is compensated at a rate of not less
than one and a half times the basic rate of pay for all hours worked in
excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704
are applicable to construction work and provide that no laborer or
mechanic must be required to work in surroundings or under working
conditions which are unsanitary, hazardous or dangerous. These
requirements do not apply to the purchases of supplies or materials or
articles ordinarily available on the open market, or contracts for
transportation or transmission of intelligence.
20.8.4. Rights to Inventions Made Under a Contract or Agreement. If the Federal
award meets the definition of "funding agreement" under 37 CFR §401.2
(a) and the recipient or subrecipient wishes to enter into a contract with a
small business firm or nonprofit organization regarding the substitution of
parties, assignment or performance of experimental, developmental, or
research work under that "funding agreement," the recipient or
subrecipient must comply with the requirements of 37 CFR Part 401,
"Rights to Inventions Made by Nonprofit Organizations and Small
Business Firms Under Government Grants, Contracts and Cooperative
Agreements," and any implementing regulations issued by the awarding
agency.
20.8.5. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution
Control Act (33 U.S.C. 1251-1387), as amended—Contracts and
subgrants of amounts in excess of$150,000 must contain a provision that
requires the non-Federal award to agree to comply with all applicable
standards, orders or regulations issued pursuant to the Clean Air Act (42
U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as
amended (33 U.S.C. 1251-1387). Violations must be reported to the
CDBG 18-17 City of Spokane Valley Agreement
Page 25 of 27
Federal awarding agency and the Regional Office of the Environmental
Protection Agency (EPA).
20.8.6. Debarment and Suspension (Executive Orders 12549 and 12689)—A
contract award (see 2 CFR 180.220) must not be made to parties listed
on the governmentwide exclusions in the System for Award Management
(SAM), in accordance with the OMB guidelines at 2 CFR 180 that
implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and
12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension."
SAM Exclusions contains the names of parties debarred, suspended, or
otherwise excluded by agencies, as well as parties declared ineligible
under statutory or regulatory authority other than Executive Order 12549.
20.8.7. Byrd Anti-Lobbying Amendment(31 U.S.C. 1352)—Contractors that apply •
or bid for an award exceeding $100,000 must file the required certification.
Each tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member
of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal contract,
grant or any other award covered by 31 U.S.C. 1352. Each tier must also
disclose any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are
forwarded from tier to tier up to the non-Federal award.
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.
CDBG 18-17 City of Spokane Valley Agreement
Page 26 of 27
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 18-17 City of Spokane Valley Agreement
Page 27 of 27
COMMUNITY DEVELOPMENT BLOCK GRANT
SUBRECIPIENT AGREEMENT
EXHIBIT A
Grant Application
Exhibit A
c v
COMMUNITY DEVELOPMENT Community Services,Housing,and Communil c c �,
BLOCK GRANT PROGRAM Development Department Office Use Only m .• � o
Project Name: E a °
312 W.8TH AVENUE FOURTH FLOOR Project Number: :6. m n o .c
SPOKANE,WA 99204 cXo ^(N o
(509)477-5722, TDD:(509)477-5722 • �. . o co
FAX#(509)477-2561 To 00 L
GRANT APPLICATION c . f O
2018-2019 PROGRAM YEAR ° S
General Application Form For All Activities c ° a q
e c 3 E
co ^• o
A. PROJECT SUMMARY: E � ° N Ln
l0 3 13 V l0
n- m -a 2 in
1. Applicant:City of Spokane Valley 8 4° _c c>n
v
Contacts: Chaz Bates,AICP,ED Specialist Phone: 509-720-5315 c co V C -�o Y v 3
Gloria Mantz,PE,Engineering Manag Phone: 509-720-5014 g o u E-mail: o
• -cbates@spokanevalley.org Fax: 509-688-0261 c a Y
Mailing Address:10210 E Sprague Ave, Spokane Valley WA 99206 v :2- c
Street Address: o o 2
r v 2 a
2. Priority Need Addressed: SP-25 Priority Needs-91.215(a)(2)Priority Need 22- Sidewalks;Locai
Strategic Plan Goals Area Revitailization AR1 and AR3. Priority Community Development Needs-HUD
Table 2B -Infrastructure- Sidewalks.High Priority for Spokane Valley due to adopted Pedestrian Plan and
agreed upon set-aside of CDBG allocation for eligible projects within Spokane Valley jurisdiction.
3. Target Population: Area Wide Benefit,Low Income and Persons with Physical Disabilities,residents
of Spokane Valley
•
4. Project Location:Knox Avenue,from Hutchinson Road to Sargent Road, Spokane Valley,99212,in
Census Block Group 530630117.01001
5. Proposed Activity:New 6"concrete curb and 6'wide sidewalk along the south side of Knox Ave.from •
Hutchinson Road to Sargent Road (about 930 linear feet(lf)).New ADA curb ramps at intersecting.
streets with improvements to the storrnwater infrastructure as needed.
6. Estimated Unduplicated Beneficiaries:
or ®Area-Wide Benefit
0-30%MFI 31-50%MFI 51-80%MEI LMI% 61.43
7. Proposed Time Frame for Completion of Project:July 2018-Sept 2019
8. Amount of CDBG Funds Requested: $294,533
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 obtained and used
foruthe project.
Cji, A City Manager
Signature of Authorized Official Title /�j/
Mark Calhoun kl/ (7.
Name(please print or type) Date (((
Type of Applicant Munici tali • Organization's Federal ID#:,REDAC =D
(Notfor profit,for-profit,municipality,Special Purpose District,etc) Organization's DUNS#: 168240617
P:\Community Development\Economic Development\Programs\CDBG\CDBG Program\2018 CDBG Program\03 Application\Knox\1.
2018 CDBG General Application Knox.docxx
*game comoV
COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM
312 W.STH AVENUE •
SPOKANE,WA 99204
(509)477-5722, TDD:(509)477-5722
FAX#(509)477-2561
•
B. PROPOSED PROJECT INFORMATION:
1. Need Category(s)to be addressed: (see pages 15-16 of Proposal Instructions and Selection Criteria):
Local Strategic Plan Goals Area Revitailization AR1 and AR3.Sidewalk improvements within City of Spokane
Valley Area-Wide Benefit Census Tracts are eligible for funding as a result of its development of a Bicycle and
Pedestrian Master Program(BPMP),which is now integrated as a chapter in the City's Comprehensive Plan.The
2015-2019 Consolidated Plan identifies sidewalks in the Spokane Valley as a HIGH proirity in HUD Table 2B.
2. Describe how this application will further the applicable Guiding Principles of Consolidated Plan:
Priority to Lowest-Income-Ensure the needs of people with the lowest income are given priority consideration.
The proposed project is located within an area where low-to-moderate income residents will be the primary
beneficiaries(61 percent).Wilbur Road serves Tract 0117.01 -Block Group 1 residences which contain roughly 430
low and moderate income persons out of about 700 total persons.As the price of owning an automobile rises and our
population ages,safe and convenient pedestrian access from neighborhoods to transit(STA Routes 32,94,and 173),
shopping,services and work is increasingly critical.
•
Basic Support—Encourage the focus of public service resources on essential basic needs.
Sidewalk and safe walking routes are missing in many areas of Spokane Valley.Residents in LMI areas are likely
adversely affected by the lack of safe walking routes that can be used to access daily goods,services and public
transportation.
Citizen Participation-Provide opportunities for all public to participate in plan development, implementation and
evaluation.
Following the 2011 Comprehensive Planning Process that identified and prioritized bicycle and sidewalk projects
for Spokane Valley,the City has actively pursued funding to make significant progress to construct the
infrastructure outlined in the BPMP.In 2016,the City incorporated•the BPMP into various elements of its updated
comprehensive plan and included the following goal and policy:
Transportation Goal 5-"Maintain and enhance a comprehensive multimodal transportation system that promotes,
supports,and improves the safe,efficient, and reliable movement of people,vehicles,and goods."
Transportation Policy 9-"Provide and maintain quality street,sidewalk,and shared-use path surfaces that provide a
safe environment for all users."
Specifically for this project,City of Spokane Valley staff conducted a citywide scan to identify good sidewalk
candidates that reside within LMI tracts and require no right-of-way to be acquired.After identifying three projects,
the City mailed postcards inviting residents and property owners to provide input and visit the City's CDBG
webpage to learn more about the projects,their impacts,and to receive citizen comments.
The City Council held three meetings through October,2017.The October 24 meeting included a public hearing to
receive public comment.At that meeting there were no objections to pursuing the two projects recommended by
staff.After the public hearing,the City Council voted 6-1 on a motion consideration for staff to submit this project
for this year's CDBG funding opportunity.
Collaboration-Encourage public,private,and non-profit sectors collaboration and reduce program duplication.
The City's BPMP process relied heavily on collaboration with the Spokane Regional Health District, West,Central,
and East Valley School Districts,bicycle advocacy groups,Spokane Transit,Spokane Valley Public Works,
Community and Economic Development Departments,the Spokane Valley City Council and other agencies in
developing the BPMP.The groups,having had a hand in crafting the BPMP,have ownership in the plan. Successful
implementation has directly benefited low and moderate income neighborhoods by giving households safe access to
transportation beyond having to own an automobile.
Emphasize the Potential-Build upon available community assets,resources,plans and market forces.
2
Aiavarans Comfy
COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM
312 W.8TH AVENUE
SPOKANE,WA 99204
(509)477-5722, TDD:(509)477-5722
FAX#(509)477-2561
This project extends the existing sidewalks along Knox Ave.,allowing improved access and promoting alternative
modes of transportation for residents travelling to and from the Argonne/Mullan Corridor.This Corridor serves as a
hub for goods and services,sustaining jobs in the project neighborhood and providing goods and services to
Spokane Valley overall.Argonne is served by Spokane Transit Authority's(STA)Route 94 and the proposed project
also links citizens to STA Route 32 and Route 173. Route 94 provides access from downtown's STA Plaza to West
Valley High School via 2nd,5th,8th Avenues and Park,Broadway and Argonne Roads.Route 32 runs from the
Mirabeau Park&Ride to Spokane Community College.Route 173 is the Valley Transit Center Express running
from University,to 1-90 at Argonne/Mullan,then to the downtown STA Plaza.Further,Spokane Valley High
School is located on Hutchinson Road,about half a block south of the project.The school's approximate 200
students and staff impact the potential pedestrian traffic volumes in the project area.
Leverage-Leverage limited resources by promoting partnership between organizations.
The Comprehensive Plan and the BPMP provide 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,
and has used stormwater funds to supplement CDBG sidewalk projects.
Measurable Results-Produce and evaluate measurable outcomes and results.
This project will construct approximately 930 if of new,6'wide,ADA accessible sidewalk.Pedestrian curb ramps
wiII be provided at intersecting streets and stormwater structures will be upgraded as applicable.
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 options to residents that either need or choose non-vehicle transportation.
The proposed project is a benefit to the neighborhood because it extends and improves the connectivity and
accessibility of pedestrian facilities to one of the city's busiest corrdiors.Knox Ave.is a 2,500 foot long collector
street linking Vista (a collector) to Argonne (a principle arterial). If funded, this project will lengthen the
existing sidewalk(250' long between Hutchinson and Argonne)and will provide nearly 1,250 feet of sidewalk
along a busy collector street,completing roughly 50%of the corridor between Argonne and Vista.
3. CDBG Program Goal&Objective(s)Addressed: (see pages 13-14 of Proposal Instructions and Selection
Criteria)
This project improves infrastructure and the physical environment for the residents of the Target Area by addressing
pedestrian safety and neighborhood access to Knox Avenue and the Argonne/MulIan Corridor where residents can
access multiple STA bus routes.The project addresses the Local Strategic Plan goals AR1:Improve the
infrastructure and/or physical environment,and AR3: Improve or expand facilities for high priority need
populations.The project also addresses Priority Community Development Needs-Table 2.B
4. Effect on Identified Priority Need(s):
The project will eliminate barriers to moblity impaired residents by providing long term infrastructure improvments.
As discussed in Section 2 above,this project provides safe,pedestrian access along Knox for nearly half the length
spanning between Vista and Argonne.Collectively,this project will serve nearly 100 acres of residential properties.
5. Impact On Populations Served:
This project will serve all transportation network users. Fully accessible sidewalks extend safe pedestrian routes,
allow wheel chair and other mobility impaired residents to more easily reach their destinations,encourage more use
of sidewallcs,and improve access to public transit.The absence of a safe accessible route discourages residents from
non-vehicle transportation options;this is particularly important for users with wheelchairs.
3
Gsir V
COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM
312 W. 8T11 AVENUE
SPOKANE,WA 99204
(509)477-5722, TDD:(509)477-5722
FAX#(509)477-2561
PROPOSED ACTIVITIES DESCRIPTION: Continued
6. Project Description:
The Knox Avenue Sidewalk project will provide 6"curb and 6'wide sidewalks on the south side of Knox Ave.from
Sargent Road to Hutchinson Road (about 930 If) and completes 50% of the sidewalk corridor between Vista and
Argonne. The project also provides safe walking access to the Argonne/Mullan Corridor,including STA Routes 32,
94,and 173.The project will include ADA sidewalk ramps at all intersecting streets and new stormwater facilities.
CDBG funds will be used for engineering design and construction of the project.The City will also contribute local
funds for a portion of the stormwater infrastructure improvements,as needed.
7. Project Management:
The City of Spokane Valley will develop plans, specifications, and estimates for this 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. Engineering Division 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.
The City of Spokane Valley staff has many years of experience administering CDBG funded projects,consistently
delivering projects on-time and on-budget.
•
8. Project Outcomes:
This project will construct approximately 930 If of new curb, ADA accessible sidewalk, and curb ramps at
intersecting streets. The improvements provide a safe, ADA accessible travel route for pedestrians of all physical
abilities. The project serves all residents (particularly those within the LMI boundaries) within the surrounding .
residential neighborhood and provides safe convenient access to public transit.
Although it is difficult to quantify, a successful project will result in the completed addition of a safe pedestiran
facility that is used regularly and promotes safe,reliable pedestrian access in the neighborhood.
9. Project Alternatives:
There are no alternatives for the identified project but the project is scalable to accommodate varying funding
allocations.If inadequate funds exist,the project can eliminate portions of sidewalk,one block at a time,beginning
on the east end of the project at Sargent Road.
10. Conformance With Long Range Plans(i.e.,Water Plan,Comprehensive Plan,Homeless Plan,etc):
This project conforms with and implements the City's Comprehensive Plan, including the BPMP and the
transportation element of the plan. The City continues to pursue funding to make significant progress to construct
the infrastructure outlined in the BPMP and the Comprehensive Plan. The project is consistent with the following
adopted Comprehensive Plan goal and policy:
Transportation Goal 5 - "Maintain and enhance a comprehensive multimodal transportation system that promotes,
supports,and improves the safe,efficient,and reliable movement of people,vehicles,and goods."
Transportation Policy 9-"Provide and maintain quality street,sidewalk,and shared-use path surfaces that provide a
safe environment for all users."
4
filookene Camay
COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM
312 W. 8TH AVENUE
SPOKANE, WA 99204
(509)477-5722, TDD:(509)477-5722
FAX#(509)477-2561
C. PROJECT TIMELINE/BENEFIT SCHEDULE:
Determine project milestones and list dates and actions for all project activities. Include events that address
compliance needs. (Direct benefit activities(i.e.,public service)must also provide an estimated number
of unduplicated beneficiaries(exclusive of City of Spokane)for each month.
Unduplicated
Prior to July 1,2017: Project Agreement
July,2017: Prepare Design File
No.of Beneficiaries:
August,2017: Project Surveying,Preliminary Design
No.of Beneficiaries:
September,2017: Preliminary Design
No.of Beneficiaries:
October,2017: Intermediate Design
No.of Beneficiaries:
•
November,2017: Intermediate Design
No.of Beneficiaries:
December,2017: Final Design
No.of Beneficiaries:
January,2018: Plans,Specifications,and Estimates
No.of Beneficiaries:
February,2018: Project Ad and Bid
No.of Beneficiaries:
March,2018: Project Award
No.of Beneficiaries:
April,2018: Construction Begins
No.of Beneficiaries:
May,2018: Construction Continues
No.of Beneficiaries:
June,2018: Construction complete,Project Closeout
No.of Beneficiaries:
5
COMMUNITY DEVELOPMENT `} I O vie_
BLOCK GRANT PROGRAM riF
312 W. 8TH AVENUE i .1 •, //
SPOKANE,WA 99204 ;' t • :1 r) 1 (A!G. ��//\ 1 ojeCt(5
09)477-5722, TDD:(509)477-5722
FAX ii(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.
! 2 3 4 5 6 7
Pt oject Expenses Total Pt oject
_ CL BG CDBG% Othev Othev Othev Otlicv
cots,. Request, ofTotnl; Revenue, I evenue Revenue Reve ue
Arn:ount. Cost (spec fy) :(specify) (specify);:= of Co;ts
Personnel Costs City Funds
Salaries $7,275 $0 0.00% $7,275 100.00%
Benefits $2,050 $0 0.00% $2,050 100.00% •
Taxes
Case Management/Project
Delivery
Other(Identify)
Subtotal:Personnel Costs $9,325 $0 0.00%
$9,325 100.00%
Operating Costs:
Rent/Lease
Utilities
Telephone
Postage •
Supplies
Mileage
•
Other(Identify)
Other(Identify)
Subtotal: Operations
Professional/Services
Consultant
Engineering $32,600 $25,493 78% $7,107 22%
Other(Identify)
Subtotal:Professional Services $32,600 $25,493 78% $7,107 22% 0.00%°
Construction Costs
Materials/Supplies
Construction Costs $249,936 $249,936 100.00% $0 0.00%
Other(Identify)Storrnwater $25,650 $0 0.00% $25,650 100%
Other(Identify) Const. Mngmt $21,734 $11,997 55% $9,737 45%
Property Acquisition
Equipment Purchase
Other(Identify)
Other
Subtotal:Construction Costs $297,320 $261,933 88% $35,387 $0 $0 12% _
TOTAL(all categories) $339,245 $287,426 85% $51,819 $0 $0 15%
6
Spoke=comity
COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM
312 W. 8TH AVENUE
SPOKANE,WA 99204
(509)477-5722, TDD:(509)477-5722
FAX#(509)477-2561
2. Cost Information:
Provide your basis for the costs estimated for each and all items listed in the budget. The reasoning(or
method) for allocation and 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 thru the duration of the project,Capital Programs Engineer assigned to oversee the
design,bidding,contract award and construction QA.
Senior Designer, 30%FTE from the project kick-off thru the Final design stage. The designer assembles the design
calculations,plans, specifications and estimates for the project.
Engineering Technician,20%FTE from the project kick-off thru the Final design stage.The CADD operator
draws the plan drawings and establishes bid quantities for the project.
Construction Engineering Technician,20%FTE from the preconstruction conference to the project close out at the
end of construction.
Administration, 15%FTE thru the duration of the project,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 used 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 15%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 paid for using city funds. Also, the general
administrative costs will be paid for by the City.
7
Candy
COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM
312 W. 8TH AVENUE
SPOKANE,WA 99204
(509)477-5722, TDD: (509)477-5722
FAX#(509)477-2561
3. Revenue Summary:
1 2 3 4 5 6
Funding Loan or Funding Funding Date Funding
Source . Grant Amount Status Available. Restrictions
Spokane Valley City Funds $44,712 Committed March 2018 None
CDBG Grant $294,533 CDBG Application July 2018
Pending
a. Discuss the effect on the project if other"uncommitted" funds are not received: N/A Project is contingent
on CDBG funding.
b. Comments: The City's stormwater fund is a constrained fund that is forced to annually prioritize projects throughout the
City. These funds are generally available to supplement the stormwater improvements associated with this project, but they
come at the expense of other critical stormwater improvements.If it is possible for CDBG funds to cover the complete cost of
the project, including the identified stormwtaer costs, it would provide a benefit to the City's ability to address stormwater
concerns and projects throughout 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)
2016 $0
2015 $358,790
2014 $261,794
If your agency received any of the above mentioned funding, describe below how and where your organization used these
funds:2017 - Sidewalk and ADA upgardes along the north side of 8`h Ave. from Thierman Road to Dickey Road with a total
CDBG funding amount of$453,895.This funding is pending contract finalization.
2016-The City did not participate. 2015-Sidewalks and ADA upgrades along Mission Avenue,Lily to Park,and along Park
to the East Spokane Grange.2014-Sidewalks and ADA upgrades along Sprague Avenue and Long Road.
8
ComfyCOMMUNITY 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): South side of Knox,between Sargent&Hutchinson
®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.)
This application is the 2nd prioirty of the applications submitted by the City of Spokane Valley.
The project completion date of 09/2018 is consistent with prior years'applications and allows for project design to
occur after the award/contract from CDBG is finalized and accomodates the engineering phase along with the
contract bid and award process.
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COMMUNITY DEVELOPMENT '
BLOCK GRANT PROGRAM
312 W.8TH AVENUE FOURTH FLOOR
SPOKANE,WA 99204
(509)477-5722, TDD:(509)477-5722
FAX#(509)477-2561
Construction,Public Facility & Infrastructure Activity Supplemental Application Form
2018-2019 PROGRAM YEAR
a.
Construction Schedule of Values
Item Description Est. Unit Price Total Price
Number Quantity
1. Construction(See enclosed cost estimate for detailed cost 1 LS $249,936 $249,936
breakdown of work items)
2. Stormwater 1 LS $25,650 $25,650
3. Construction Management l LS $21,734 $21,734
4.
5.
6. •
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
Subtotal $297,320
Sales Tax $
Total Amount $297,320
P:\Community Development\Economic Development\Programs\CDBG\CDBG Program\2018 CDBG Program\03
Application\Knox\2.2018 Construction and Infrastructure Supplemental Application-Knox.docxx
•
Spokane Cm*
COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM
312 W. 8TH AVENUE FOURTH FLOOR
SPOKANE,WA 99204
(509)477-5722, TDD:(509)477-5722
FAX#(509)477-2561
Construction,Public Facility & Infrastructure Activity Supplemental Application Form
2018-2019 PROGRAM YEAR
Schedule of Values for Non-Construction Costs
Item Description Est. Unit Price Total Price
Number Quantity
1. General Administration 1 LS $9,325 $9,325
2. Design Engineering 1 LS $32,600 $32,600
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
Subtotal $41,925
Sales Tax $
Total Amount $$41,925
P:\Community Development\Economic Development\Programs\CDBG\CDBG Program12018 CMG Program103
Application\Knox\2.2018 Construction and Infrastructure Supplemental Application-Knox.docxx
Spokane comp
COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM
312 W.8TH AVENUE FOURTH FLOOR
SPOKANE,WA 99204
(509)477-5722, TDD:(509)477-5722
FAX#(509)477-2561
Construction,Public Facility& Infrastructure Activity Supplemental Application Form
2018-2019 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 right-of-way along Knox Avenue 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 1)inspections 2)construction site supervision 3)procurement of professional services,
contractors, materials, suppliers, etc., 4) complete compliance activity requirements, and 5)
represent the owner's interests. The City of Spokane Valley,with in-house staff,will be responsible
for inspections,construction site supervision,and the procurement of surveying and material testing
services. Our professional engineers will be the senior project managers and will be responsible for
overseeing construction 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 the 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
obstruciton permit from the City.The project is categorically exempt under SEPA and qualifies for
categorical exclusion under NEPA. 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 530630117.01001 or Municipal Boundary
Total Population of Area 700 /Percentage of LMI persons 61.43%
El Limited Clientele
Describe how this construction activity will meet the limited clientele subcategory
0 Other Describe
h. If proposing water or sewer system improvements, please complete the following:
Current monthly Owater / ❑ sewer rates $N/A
•
P:\Community Development\Economic Development\Programs\CDBG\CDBG Program\2018 CDBG Program103
Application\Knox\2.2018 Construction and Infrastructure Supplemental Application-Knox.docxx
Spasm Co +41
COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM
312 W. STH AVENUE FOURTH FLOOR
SPOKANE,WA 99204
(509)477-5722, TDD:(509)477-5722
FAX#(509)477-2561
Construction,Public Facility&Infrastructure Activity Supplemental Application Form
2018-2019 PROGRAM YEAR
Proposed monthly rates(w/CDBG funds) $NIA
Proposed monthly rates(w/o CDBG funds) $N/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 long 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 Knox Avenue begininning at
Hutchinson Road and extending to Sargent Road. 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 works for approximately 12 weeks. The state/federal
prevailing wage rates will apply on this project.
•
P:\Community Development\Economic Development\Programs\CDBG\CDBG Program\2018 CDBG Program\03
Application\Knox\2.2018 Construction and Infrastructure Supplemental Application-Knox.docxx
•
nii Community Development Block Grant
Cost EstimatecyFT AI
Project Name: Knox-Hutchinson lo Salient-South SWe Spokane
PreLength:Length: 93D R \Talley
Prepared By: Adam-WWII.PE-Plarng b Grants Engineer 40000
Prepared On: 10-18-17
COST ESTIMATE SCHEDULE A-CDBG FUNDING REQUEST
UNIT OF PLANNED ESTIMATED UNIT ESTIMATED ITEM
REM F ITEM DESCRIPTION MEASURE OUANTITY PRICE PRICE
1 MOBILIZATION(010% LS 1 $20,000 $ • 20,000
2 ROADWAY SURVEYING LS 1 $6,000 $ 6,000
3 SPCC PLAN LS 1 $500 ; SDO
4 PROJECT SIGN EA 1 $500 $ 500
5 TEMPORARY EROSION a SEDIMENT CONTROL Ls 1 $2,500 3 2,600
6 PROJECT TEMPORARY TRAFFIC CONTROL _ LS 1 $15,000 3 16,000
7 REMOVAL OF STRUCTURE b OBSTRUCTIONS LS 0 $5,000 $ -
8 REMOVE TREE EA 1 $2,500 8 2,500
9 REMOVE CONCRETE CURB LF 360 310 $ 3,800
10 REMOVE CEMENT CONCRETESERWAWDREVEWAY SY 60 $20 $ 1.200
11 CLEARING AND GRUBBING LS 1 $5,000 * 5,000
12 SAWCUT ASPHALT PAVEMENT LF-In 2.910 50.75 $ 2,183
13 ROADWAY EXCAVATION&EMBANKMENT INCL HAUL CY 100 $40 $ 4,000
14 SELECT FILL CY 0 $30 $ -
15 GRANULAR SUB-BASE CY 0 $30 3 -
16 CRUSHED SURFACING BASE COURSE,4' SY 528 $17 $ 8,974
17 CRUSHED SURFACING BASE COURSE,6' BY 282 320 $ 5,638
18 HMA-CLASS 1(2",PG 84.28,MISC AREAS SY 100 550 3 5,000
19 HMA-CLASS U2',PG 70-28,MISC AREAS SY 0 885 $ -
20 riMA-CLASS 1/2",PG 64.28,0.17' SY 0 511 $ -
21 IWWA-CLASS i12',PG 64-28,0.25' SY 236 525 $ 5,867
22 I-WA-CLASS 1/2",PG 70-28,0.17' SY o so $ -
23 HMA-CLASS 1/2",PG 70-28.0.21' SY 0 $17 $ -
24 CEMENT CONCRETE DRIVEWAY APPROACH SY 47 ;60 $ 2,361
25 CEMENT CONCRETE DRIVEWAY MATCH-GRADES SY 74 560 $ 3,722
28 _CEMENT CONCRETE SIDEWALK SY 424 $45 $ 19.074
27 CEMENT CONCRETE CURB RAMP-ADJACENT-R-108 EA 8 $1,600 $ 9,000
28 PERVIOUS CONCRETE SHOULDER SY 0 $60 $ -
29 CEMENT CONCRETE TRAFFIC CURB-TYPE A LF 877 826 $ 18,913
30 CEMENT CONCRETE TRAFFIC CURB-TYPE B LF 0 $30 $ -
31 CEMENT CONCRETE PEDESTRIAN CURB LF 120 $20 $ 2,400
32 RAMP DETECTABLE WARNING RETROFIT EA 0 $300 $ -
33 SIDEWALK RETAINING WALL(<4') LF 0 $125 $ -
34 PLASTIC CROSSWALK UNE SF 0 $10 $ - .
35 PNNTUNE-4' LF 0 $1 $ -
35 PLASTIC LINE-4' LF 0 $1.50 $ -
37 FENCING-CHAIN LINK OR WOOD LF 115 $45 $ 5,176
38 REMOVE AND RESET MAILBOX EA 0 $600 $ -
39 MAILBOX SUPPORT.TYPE 1 EA 0 $550 $ -
40 MAILBOX SUPPORT,TYPE 2 EA 2 $1,000 $ 2,000
41 PERMANENT SIGNING EA 0 $350 $ -
42 REMOVE AND RESET EXISTING SIGNS EA 3 *250 $ 750
43 LANDSCAPE RESTORATION LS I 45,000 $ 5,000
44 IRRIGATION SYSTEM REPAIRS LS 1 $5,000 $ 5,000
45 FIRE HYRDANT,RELOCATE EA 1 $2.600 $ 2500
46 RELOCATE UTI TTY VAULT EA 1 $4,500 $ 4,500
47 MOVE&RESET POWERPOLE(AVISTA TO PAY) EA 4 $0 $ -
48 STORMWATER-RETROFIT OW WITH CB(FUNDED®71.6%) EA 4 512,670 $ 51,460
TOTAL CONSTRUCTION ESTIMATE $ 217,336
ContIngoney: 15% .; 32,600
ConstnlctIon Sub-Total $ 249,935
ProllnlnaryEngineering 169E $ 32,600
Construction EngInwdng 10% $ 21,734
PROJECT ESTIMATE-CDBG REQUEST 6 304,270
' COST ESTIMATE SCHEDULE B-CITY FUNDED(FUND 402)
1 STORMWATER-RETROFIT OW WITH CB(FUNDED 4028.5%) FA 4 85,130 $ 20,520
• TOTAL CONSTRUCTION ESTIMATE 3 20,020
Contingency: 16% $ 3,075
Construction Sub-Total *�23,988
ProRmInary Engineering E% $ 1,026
Construction Engineering SW 1 1,026
PROJECT ESTIMATE-CITY FUNDED(FUND 402) $ 25,650
Project Name; City of Spokane Valley Exhibit B
Project No.: CDBG 18-17
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.
Signature of Representativei�+ --
Printed Name of Representative l 4tr/ CalitoUN Date: 8714/18
Project Name: City of Spokane Valley Exhibit E
Project No. 18-17
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.
•
City of Spokane Valley City of Spokane Valley- 18-17
Organization Name PR/Award(or Application)Number
Or Project Name
Mark Calhoun, City Manager
Name and Title of Authorized Representative
C(.41/4C- $l < <g
Signature Date
Project Name: City of Spokane Valley Exhibit F
Project No.: CDBG 18-17
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 link to D&B for maintaining current
DUNS information, www.ccr.gov. COUNTY encourages CCR registration and annual renewal
by GRANTEE to minimize unnecessary data entry and re-entry required by both COUNTY and
GRANTEE. It will also reduce the potential of inconsistent or inaccurate data entry.
GRANTEE must have a Data Universal Numbering System (DUNS) number obtained from the
firm Dun and Bradstreet (D&B) (www.dnb.com). A DUNS number provides a method to verify
data about your organization. D&B is responsible for maintaining unique identifiers and
organizational linkages on behalf of the federal government for organizations receiving federal
assistance.
COUNTY, as the prime awardee, is required by FFATA to report names and total compensation
of the five (5) most highly compensated officers of GRANTEE (as the subawardee) if:
Project Name: City of Spokane Valley Exhibit F
Project No.: CDBG 18-17
1. GRANTEE (the subawardee) in the preceding fiscal year, received 80 percent or
more of its annual gross revenues from federal awards and $25,000,000 or more in
annual gross revenues from federal awards; AND
2. The public does not have access to this information about the compensation of the
senior executives of your organization through periodic reports filed under section
13(a) or 15(d) of the Securities and Exchange Act of 1934 [(15 U.S.C. 78m(a),
7go(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 as severance and
termination payments,and value of life insurance paid on behalf of the employee,and as otherwise
provided by FFATA and applicable OMB guidance.
If(1) in the preceding fiscal year, GRANTEE received 80 percent or more of its annual gross
revenues from federal awards and $25,000,000 or more in annual gross revenues from federal
awards, and (2) the public does not have access to this information about the compensation of
senior executives of your organization through periodic reports filed under section 13(a) or 15(d)
of the Securities and Exchange Act of 1934 [(15 USC 78m(a), 78o(d)] or section 6104 of the
Internal Revenue Code of 1986, insert the names and total compensation for the five most highly
compensated officers of your organization in the table below:
Officer 1 Name
Officer 1 Total Compensation Amount
Officer 2 Name
Officer 2 Total Compensation Amount
Officer 3 Name
Officer 3 Total Compensation Amount
•
Officer 4 Name
Officer 4 Total Compensation Amount
Officer 5 Name
Officer 5 Total Compensation Amount
If GRANTEE does not meet these criteria, specifically identify below each criteria that is not met
Project Name: City of Spokane Valley Exhibit F
Project No.: CDBG 18-17
for your organization:
-The grantee does not meet the criteria of receiving 80 percent or more of its annual gross revenues
from federal awards.
- The grantee did not receive $25,000,000 or more in annual gross revenues from federal awards.
CDBG 18-17
EXHIBIT G
2 CFR Part 200 Subpart F Audit Certification Form
2 CFR Part 200.69:Non-Federal entity means a state,local government, Indian tribe,institution of higher education(IHE),or nonprofit
organization that carries out a Federal award as a recipient or subrecipient.
Contact Information
Subrecipient Name: City of Spokane Valley
Authorized Official (Name&Title-preferably CFO or CEO): Mark Calhoun, City Manager
Address: 10210 East Sprague Avenue, Spokane Valley, WA 99206
Email: mcalhoun@spokanevalley.org Phone#: 509-720-5000
Purpose: As a pass-through entity of federal grant funds, the Spokane County Community Services Housing and Community
Development Department (CSHCD) is required by 2 CFR Part 200 Subpart F to monitor activities of subrecipients to ensure
federal awards are used for authorized purposes and verify that subrecipients expending $750,000 or more in federal awards
during their fiscal year have met the 2 CFR Part 200 Subpart F Audit Requirements.Your entity is a subrecipient subject to such
monitoring by CSHCD because it is a non-federal entity that expends federal grant funds received from CSHCD as a pass-
through entity to carry out a federal program. 2 CFR Part 200 Subpart F should be consulted when completing this form.
Directions: As required by 2 CFR Part 200 Subpart F, non-federal entities that expend $750,000 in federal awards in a fiscal
year shall have a single or program-specific audit conducted for that year. If your entity is not subject to these requirements,
you must complete Section A of this Form. If your entity is subject to these requirements, you must complete Section B of this
form.When completed, you must sign, date, and return this form with your contract/agreement and every fiscal year thereafter
until the contract/agreement is closed. Failure to return this completed Audit Certification Form may result in delay of funding,
withholding of federal awards or disallowance of costs, and suspension or termination of federal awards.
SECTION A:Entities NOT subject to the audit requirements of 2 CFR Part 200 Subpart F
Our entity is not subject to the audit requirements of 2 CFR Part 200 Subpart F because:
❑ We did not expend$750,000 or more of total federal awards during the fiscal year.
❑ We are exempt for other reasons(describe):
By signing below, I acknowledge that we are still subject to 2 CFR Part 200 Subpart F laws and regulations governing the
program(s)in which we participate,that we are required to maintain records of federal funding and to provide access to
such records by federal and state agencies and their designees, and that CSHCD may request and be provided access to
additional information and/or documentation to ensure proper stewardship of federal funds.
SECTION B:Entities that ARE subject to the audit requirements of 2 CFR Part 200 Subpart F
(Complete the information below and check the appropriate box)
® We completed our last 2 CFR Part 200 Subpart F Audit on [enter date]09/21/2017 for Fiscal Year ending [enter date]
12/31/2016.There were no findings related to federal awards from CSHCD. No follow-up action is required by CSHCD as
the pass-through entity.
A complete copy of the audit report,which includes exceptions, corrective action plan and management
response,will be provided electronically to tlandsiedel@spokanecounty.org.
O We completed our last 2 CFR Part 200 Subpart F Audit on[enter date] for Fiscal Year ending[enter date] .
There were findings related to federal awards.
A complete copy of the audit report,which includes exceptions,corrective action plan and management
response,will be provided electronically to tlandsiedel@spokanecounty.org.
❑ Our completed 2 CFR Part 200 Subpart F Audit will be available on [enter date] for Fiscal Year ending [enter date]
We will provide electronic copy of the audit report to tlandsiedel@spokanecounty.org.
I hereby certify that I am an individual authorized by the above identified entity to complete this form. Further, I certify
that the above information is true and correct and all relevant material findings contained in audit report/statement
have been disclosed.Additionally, I understand this Form is to be submitted every fiscal year for which this entity is a
subrecipient of federal award funds from,CnS,H�C D.
Signature of Authorized Official: )1/ W I� \cd��4�(� Date: /�l�, ��
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