06-049.00 Spokane County CDBG: Vera Terrace Sewer BasinCONilANXITY DEVELOPMENT 131..,OCK GRANT
SUBRi-1.0111"ENT AGREEMENT
(Government Entity)
Project dumber 06 -09
"l °his Subrecipient agreement, hereinafter referred to as the "Agreement ", is executed by
SPO1��1N1� COUwTI', a political subdivision of the State of Washington, through its Housing
and Community Development Department, hereinafter referred to as the County and the City of
Spokane Valley, a political subdivision of the State of Washington, whose address is 11707 F.
Sprague Ave., Suite 106, Spokane Valley, WA 99206, hereinafter referred to as the
"Subrecipient ", and together referred to as the "Parties ".
IN CONS]DERATiON OF PROiINIISES t\9.ADFJ HEREIN AND THE tMUTUAL BENEFIT
DEIZIVED'I'HFRFFRO'tN'l BY THE PART1I7,S NWTUALLY AGREE AS FOi_:LOWS:
L PURPOSE.
The purpose of this Agreement is the funding and completion of the projcct(s) identified as the
Street Improvement Project in Vera Terrace SeNver Basin, hereinafter referred to as the
"Project ", which is a federally funded project through the Coti1munity Development Block Grant
program, hereinafter referred to as "CDBG", from the US Department of Housing and Urban
Development hereinafter referred to as "HUD ". (CFDA # 14.218).
Acceptance of the Spokane County 2005 -2009 Housing and Community Development
Consolidated Plan and 2006 Annual Action Plan by I•I UU and a contract between HUI) and
the County authorizing the County's Community Development Block Grant Program
(hereinafter the "HIJD Contract") is a condition precedent to the County's performance
under this Agreement.
CDBG funds will provide for approximately 7% of the total project costs, not to exceed
S207,815.00, pursuant to the terms of this Agreement. Only funds for the reimbursement of
actual allowable costs will be disbursed to the Subrecipient. .Any fttnds allocated for the Project
remaining after reimbursement to Subrecipient of all actual allowable costs pursuant to this
Agreement shall be retained by the County.
11. AG RE, ENI ENT AND EXHIBIT'S.
This Agreement shall consist of this Subrecipient Agreement and all exhibits (Exhibits A through
D) that are referred to herein. Any exhibits, attachments or addenda referred to herein and /or
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Project No.: 06 -09
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C06 -49
attached to this Agreement and any Amendments hereto, are incorporated herein as if scat forth in
full.
PERIOD OF PERFORMANCE*
Contingent on the receipt of a notice to proceed from the County, this Agreement shall be
effective July I, 2006 and shall be completed no later than June 30, 2007, hereinafter referred to
as the Project Period.
If the I-IUD Contract is not cxccuted prior to July 1, 2006 or if for any other reason the effective.
beginning (late 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 t:o proceed from the
County.
Except as stated herein, the Project Period may be changed only by amendment to this
Agreement executed no less than 45 days in advance of the expiration date of this Agreement,
acceptance of which amendment shall be within the sole discretion of the County.
iV. SCOPE OF SERVICES.
The Subrecipient will plan, administer and implement the Project as described in the Subrecipi-
ent's Grant Application, as amended, with supplemental forms (Exhibit A), which are
incorporated herein by reference as though fully set forth. Tyre Subrecipient shall adhere to
agreed upon budgets, schedules, and commitments.
FUNDING.
A. Funding Sources:
Funding sources under this Agreement are as follows:
Community Development .Block Grant funds (CFDA # 14.218) $207,815.00
D. Maximtnn Funding:
Total maximum funding under this Agreement is Two Hundred Seven Thousand; Eight
Hundred Fifteen Dollars and No Cents ($207,815.00).
C. Requests for Reimbursement:
The Subrecipient shall SUbmlt requests for reimbursement of actual allowable costs Incurred
by the Subrecipient in performance of this Agreement and in accordance with the attached
budget, included in Exhibit A. Requests for reimbursement must be accompanied by
documentation substantiating eligibility of costs for which reimbursement is requested. The
Subrecipient shall submit the final requests For reimbursement not later than thirty (30) days
after this expiration of the close of the Project period. The final request for reimbursement
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Project No.: 06 -09
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s
shall provide. a reconciliation of actual revenue and expenses fol- the entire period of this
Agreement.
COSts ill.CWTed prior to the c fcctive date of or after the expiration elate of t11is ,Agreement,
i��eli ible costs, or Ltnt�llo able costs, +-11 not be reimbursed by the o>nnty, unless approve d
by Lhe County and subject: to this Agreement being signed by all partEes-
nly those budget line items that appear in the budget section of - Exhibit A will be considered
fa t• reimbursement, and only 1n those pcircentages outlined in -SeCtiOil I Purpose.
No change(s) to the budget shall be binding upon the ParheS except by amendment to this
AgreenlenL esi�cuLed pursuant to the General Teri>,s and Conditions of this Agreement-
Fur all construction projects, the use of any C1 BG funds designated as "cont.inb(ney
funds" in the project budget, included in Fxliibit A, must be reviewed and approved by
the county
If allowable actual co ,,ts for a given month are less t.hall the budgeted alrlount 1)ursuan1 1.0 the
budget, included in Exhibit A, reirnbursemenL shall not exceed the allowable acLual cosis-
The mam'1111-Ern allowable monthly payment shall equal the total budge[ maxii-num to €late less
fl-ke total payments to date.
All funds obligate -d or committed by the Subnooipient to contractors, suppliers, etc- du3•ing the
Pivjcct Period must be expended on or before June 30, 2007, C')D)f G funds: which am not
expended by Jung. 30, 200-1, shall be returned to the County
D- C.IrC;L1lars;
Federal Office of i%,1anagerlle1it and Budget (OM1) Circular A-87, C.'osr Pr-in, rples (at ? C'F
Part 225), OMB C1rcLtlar A -102 Ado-Onisrratrue fie }uiremenfs, GI _B Circular A -133 Ardis
Regiih -e rrenis, and RC 43.09.200 shall apply to the Agreement and to alt funds disbursed
hereunder, -Lxce1)t as noted ire the Agreement, costs are reimbursable udder Wasllingtoil Stein
Buclgetillg Accourltlrig Reporting System �BXR ), including all supplements and revisio1ls
therel.o, 1)resoribed by the Washington State Auditors Office,
E. AdrninislraGkve; OSCs'
Administrative costs for the performance of Lhe Agreement shall not exceed EI}e: amount
identified in the Budget., included In Exhibit A. As LLse €l in this Agreeirlent, administraLive
ccx3ts shall be defined as: Costs for general operation of direct servir,e agencies in suppori of
the Project., and includes the cost for Project administration, activities performed for Project
mailageirient purposes, accounting, record keeping, general Ocrical support, activities of the
.Board of1)i recto r. ;- and similar costs.
F. Recovery of Overpays -neat to Contractor;
The SubreQlpient shall not be reimbursed more than the arlloLU-It of the allowable cosLS of
performance of this Agreement. When the Subrecipiellt, the County, or any other state *r
Federal agency deterirnirles chat the Subrecipielic Ilas received payments under this Agreement
C D B G 5ubrecipienrAgreemew
t'ro.jeci -No.: 06 -09
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 in RCW 43.20B.695, from what would otherwise be the
County's liability under this Agreement. If the Subrecipient receives a notice of overpayment,
which the County shall be required to timely provide, the Subrecipient may protest the
overpayment determination pursuant to the Dispute Resolution Section of this Agreement.
Failure to invoke said section within fifteen (15) days of receipt of a notice of overpayment
W result in an overpayment debt against the Subrecipient.
G. Fiscal ivfanagernent:
All financial transactions involving CDBG funds are subject to the regulations, policies,
uidelines and requirements contained in the Office of Management and Budget Circular A-
87 Cost Principles for State. Local and Tribal Governments (at 2 CFR 225), as applicable,
which describes eligible costs, and 24 CFR 85.20 which describes financial management
system requirements as they relate to acceptance and use of federal funds, 24 CFR 570 or
other superseding document. Interest or other income earned on CDBG advances must be
repaid to the US Department of Housing and Urban Development (HUD) via the County.
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 governnnental accounting and financial reporting standards that are
applicable to federal, state and /or local grants, awards, and/or contracts.
The Subrecipient shall ensure that construction and management of the Project is done in the
most cost effective and efficient manner possible.
The Subrecipient's financial management system at a minimum shall:
1. Be a v]able, single organizational entity capable of effective and efficient processing of
all of the fiscal matters, including proof of adequate protection against Insolvency.
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.
3. Include source documentation in support of allowable actual Costs necessary to indicate
costs incun-ed by the Subrecipient directly relating to the cost identified in the Budget.
H. Audit:
I. If Subrecipient expends a total, from all income sources, of hive Hundred Thousand
Dollars, (5500,000.00) or more of federal funds per fiscal year, then no later than six (6)
months after the end of the Subrecipicnt's fiscal year, the• Subrecipient shall have an
independent fiscal audit conducted of its financial statement and condition, regarding the
performance of this Agreement, readily delineating CDBG funds received from the
County. The audit shall comply with OM13 Circular A -133 and 24 CFR fart S5.
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
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Project NO.: 06 -09
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available for the County review, upon request by the County.
3. Failure to engage auditors and provide proof of such engagement prior to the due date of
the audit report to the County shall be considered contractual non- performance. In such
event, the County reserves the right to withhold not more than One Hundred Fifty
percent (150%) of the reasonably estimated cost of the required audit from
reimbursement clue 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.
1. Payment Obligation:
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.
VI. C.FNER,kL TERMS AND CONDITIONS.
A. Relationship:
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.
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 accnre to County employees.
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.
E. tjModifications Arid Amendments:
Except as provided otherwise herein, this Agreement may be amended only in writing by
agreement of all parties hereto.
The Subrecipient hereby acknowledges that this Agreement is subject to all Federal statutes,
Federal regulations, RCWs, and WACs applicable to this Agreement. Any provision of the
Agreement which conflicts with federal and state statutes or regulations is hereby amended to
conform to the provisions of federal and state law and regulations. Such amendment of the
A��reement will be effective on the effective date ofthe statutes or regulations necessitating it and
will be binding on the Parties even though such ,miendment 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
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Project No.: 06 -09
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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.
Any proposed change(s) in the project scope of service, budget, location; or the number of
beneficiaries served as described in the Subrecipient's Grant Application and Final Project
Proposal (Exhibit A), must be submitted in writing to the Housing and Community Development
Department for approval prior to incurring any project costs or implementing any substarttial
project modifications. Any such changes shall be considered a request to modify or amend this
Agreement.
C. Waivers:
No employee of the Country or the Subrecipient has the power, right or authority to waive any of
the terms, conditions and /or covenants of this Agreement.
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.
The failure of the County or the Subrecipient to enforce any of the ternis or covenants of this
Agreement or the failure to require perforniance under the Agreement shall not be construed as a
waiver nor in any way affect the validity of the Agreement or the tight of the. County or the
Subrecipient to enforce each and every temi of the Agreement.
I). Assignability:
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. Tile County may assign all or any of its interest in this Agreement as may
be deemed necessary in the sole discretion of the County.
E. Access, Examination, Audit And Monitoring:
The Cour►ty shall provide technical assistance to the Subrecipient; to the extent practicable,
regarding compliance with federal program requirements throughout the project period. The
County will monitor the performance of services and evaluate accomplishments and compliance
with the terms of this Agreement throughout the project period. Monitoring may inelude a visit
to the project site or to the Subrecipient organization.
The Subrecipient shall cooperate with the County or its agent in the evaluation of Subrecipient's
performance Colder 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 42.17 and /or 5 USC 552 (Freedom of hiformation Act).
The Subrecipient shall provide right of access to its facilities, including those of any
subcontractor, to the County, the state, and/or federal agencies or officials at all reasonable times
in order to monitor and evaluate the services provided for herein. The County shall provide
reasonable notice of any County monitoring or evaluation; unless the County has reason to
believe that monitoring without notice is necessary. The County shall monitor the Subrecipient
programmatically and financially on site within the sole discretion of the County. 'I he
Subrecipient shall snake 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
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required by this Agreement, Federal law and /or Washington law. Subrecipient shall also furnish
such progress reports. schedules, financial and costs reports, and other such program or fiscal
data reasonably required to evaluate the performance of this Agreement.
The Subrecipient shall respond timely and accurately to requests 6-om the County to provide
inforniation necessary to respond to inquiries fi-om HUD or other entities having authority to
make such request.
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.
This section shall remain effective pursuant to 24 CFR 570.
F. Suspension And Termination:
This Agreement may be suspended or terminated in whole or in part as follows:
By fulfillment. The Agreement will be considered to be terminated upon fulfillment of its terms
and conditions;
By mutual consent. The Agreement imay 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;
For cause. The County may suspend or tenninate 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.
The suspension process may include, but is not required to include, the following steps:
a. When an issue involving non - performance or insufficient performance arises, the County
will engage in informal discussions with the Subrecipient. The Subrecipient shall correct
any deficiencies in performance. Technical Assistance, to the maximum extent practicable,
will be provided by the County to help the Subrecipient successfully conduct the activity.
b. 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 implernent
corrective actions.
c. 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.
d. 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 15 to 60 day
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Project No.: 06 -09
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period of resolution (within the County's discretion, depending upon the performance
issue).
e. Suspension will only be lifted by the County upon Subrecipient's correction of the deficient
performance to the County's satisfaction as evidenced by a written release from the Director
of the Housing and Community Development Department.
f. The suspended Subrecipient may not enter into any subsequent Subrecipient. Agreement
with the County (even for another project or different year's HOME or CDBG fielding).
g. Subject to the suspension process described above ten- nination will occur when corrective
action is not completed in a timely fashion as prescribed.
h. l:niproper 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 ternlinatio►1 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.
i. 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.
J. Subrecipient may appeal the decision to suspend or terminate this Agreement through the
Housing and Community.Development Division Grievance Policy.
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 finding to the County from
the Federal govern.nlent or other sources is withdrawn, reduced or eliminated.
In the event of suspension; further payment may be withheld until the Subrecipient takes
corrective action or the County tenninates the Agreement.
111 the event of termination, County will notify the Subrecipient in writing of its deternlinatiort to
terminate. the reason for such termination, and the effective date of the termination.
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.
Actions by either party under this Article shall not constitute a waiver of any right or claim by
either party arising from this Agreement.
G. Dispute Resolution:
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 fronn 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 Spokane County Housing and Community Development [Department ( "Director ").
"File .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.
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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 mediatioll.
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 thereftonl and in any bankruptcy proceeding related thereto.
H. Severability:
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.
1. Records And Reports:
The Subrecipient shall maintain such program records as may be required by applicable .I`ederal,
State and County regulations, all of which are incorporated herein by reference, Project records
must be retained for a period required by 24 CFR 85.53.
Project shall include evidence of benefit to low and moderate income persons, description of the
work, financial records (source and use of funds, authorization to expend funds, obligations,
unobligated balance, assets, liabilities, outlays and income), property acquisition, fair housing,
equal opportutllty, properly disposition, etc. The public shall be granted reasonable access to all
"Public records" pursuant to RM 42.17 and/or 5 USC 552.
At a minimum, the Subrecipient will submit, with the first request for rellrlbut'Sernelll;
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 tinge studies or employee time sheets, job descriptions or
contracts, indirect cost allocation plans or other requested documentation helpful to the County in
determining the eligibility of costs. Each successive request for reimbursement will include, at a
minimum, back up documentation for costs incurred.
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.
The Subrecipient shall:
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.
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
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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.
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.
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.
5. Include identification of Spokane 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 senices or
activities funded under this Agreement.
6. Submit project progress, project benefit, and project financial reports within the timelines
presented below.
7. At the earliest date during and /or after completion of the project, submit to Spokane
County an audit report of the project, for the project period if applicable. Refer to Section
VI, and Access, Examination, Audit, and Monitoring, for instructions regarding audit
requirements.
Reports will be submitted in the formats provided by the County which are attached to this
Aureement as Exhibits C and D:
• Quarterly Progress Reports, (Exhibit C); and
• End of Project Year Report no later than July 31, 2007 (.Exhibit D).
All reports unless otherwise specifically noted will be due by the 15th of each month and will
contain data obtained during the. preceding month, or other indicated reporting period. Any
reports provided by the Subrecipient may be forwarded to the Board of Spokane CUunry
Commissioners, the US Department of Housing and Urban Development and the Housing and
Community Development Advisory Committee to document performance.
Additional reports may be requested from the Subrecipient, if necessary to comply with federal
requirements.
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 subrecipie.nt from the responsibility for their timely submittal.
J. Procurerrlent And Subcontracts:
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 Count)rs specific written approval of the
contract instrument, enter into any subcontract or procurement action authorized as necessary for
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Project No.: 06 -09
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the successful completion of this Agreement. The Subrecipient will remain fully obligated under
the provisions of this contract Agreement not withstanding its designation of any third party to
undertake all or any of the Project. The Subrecipient may not award or permit an award of a
contract to •a parry that is debarred, suspended or ineligible to participate in a Federal program.
The Subrecipient will submit to the County, the names of contractors, prior to signing contracts,
to ensure compliance with 24 CFR Part. 24 and 2 CFR Part ISO, "Debarment and Suspension ".
The Subrecipient will consult with Spokane County to develop a plan of action to comply with
Executive Orders 11625, 12135 and 12432 and Public Law 95 -507 dealing with the use of
minority and woman owned business enterprises.
K. hldemnifrcation And Insurance:
The Subrecipient and its employees, volunteers, contractors or consultants shall carry throughout
the duration of this Agreement, General Liability Insurance, Comprehensive Automobile
Liability Insurance and other such coverage as may be appropriate or required by State or Federal
law, For the seti.-ices to be perfonned. Properties improved, acquired or rehabilitated with CDBG
funds will be insured until such time that the final disposition of the property occurs. Copies of
insurance policies and /or evidence of insurance shall be provided to the County upon request.
I . Lndemnifrcation.
a. Tire Subrecipient shall protect, defend, indemnify, and hold harmless the County, its
officers, employees, and aoents From any and all costs, claims, judgments, ancuor
awards of damages, arising out of or in any way resulting from, the negligent and /or
intentional acts or omissions of Subrecipient, its officers, employees, and /or agents in
connection with, or in support of, this Agreement. Subrecipient agrees that its
obligations under this subparagraph extend to any claim, demand, and /or cause of
action brought by, or on behalf of, any of its employees or agents against the County,
in connection with, or in support of the performance of this Agreement. For this
purpose, the Subrecipient, by mutual negotiation, hereby waives, as respects the
County only, any immunity that would otherwise be available against such claims
under the Industrial Insurance provisions of Title 51 RCW. In the event the County
incurs any judgment, award, and /or cost arising therefrom, including attorney's fees,
to enforce the provisions of this article, all such fees, expenses, and costs shall be
recoverable from Subrecipient.
b. The County shall protect, defend, indemnify, and hold harmless the Subrecipient, its
officers, employees, and agents From any and all costs, claims, judgments, and /or
awards of damages arising out of, or in any way resulting from, the negligent acts or
omissions of the County, its officers, employees, or agents. The County agrees that
its obligations under this subparagraph extend to any clairn, demand, and /or cause of
action brought by, or on behalf of, any of its employees or agents. For this purpose,
the County, by mutual negotiation, hereby waives, as respects Subrecipient only, any
immtmity that would otherwise be available against such claims under the Industrial
insurance provisions of Title 51 RCW. Li the event Subrecipient incurs any
Judgment, award, and /or cost arising therefrom, including attorney's fees, to enforce
the provisions of this article, all such fees; expenses, and costs shall be recoverable
CDBCY Subrecipient Agreement
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l
from the County. For the purposes of this .Agreement, the Subrecipient and its
subcontractors shall not be considered agents of the County.
c. THE COUNTY AND THE SUBRECMENT .ACKNOWLEDGE TI•IAT THE
11rDEEMNI FIC,ATION PROVISIONS OF T-14-IS SECT.LON WERE SPECIFICALLY
NEGOTIATED AND MUTUALLY AGREED UPON BY THEM. The
Subrecipient's duties under this section shall suMve expiration or earlier termination
of the Agreement.
2. Insurance.
a. The Subrecipient shall, at its own expense, maintain in effect throughout the
.Agreement term commercial general liability insurance with broad form and stop gap
(employer's liability) endorsements in minimum limits of One ;\Million Dollars
($1,000,000.00) per occurrence and Two Million Dollars (S2,000,000.00) annual
aggregate for property damage or loss and minimum limits of One Million Dollars
($1;000,000.00) per individual and per occurrence and Two Million Dollars
(S2,000,000.00) annual aggregate for personal injuries and death and worker's
compensation coverage in accordance with requirements of Washington law. The
County shall have the right to periodically review the appropriateness of such limits in
view of inflation, changirtg industry conditions and court decisions and to require an
increase in such limits upon thirty (30) days notice to the Subrecipient. The County
of Spokane shall be required to be named as an additional insured, and shall be
furnished with a copy of a certificate of insurance evidencing such policy or policies,
which shall bear an endorsement that the same shall not be canceled nor materially
reduced in coverage or limits Without thirty (30) days prior written notice to the
County.
b. In the event of an incident arising, the Subrecipient shall provide policy or policies
Upon retluest to the County. During the .Agreement, the Subrecipient shall also
maintain at its own expense insurance covering its furniture; fixtures, equipment and
inventory and all owned or leased real property and all improvements which the
Subrecipient makes to the real property in an amount equal Lo the full insurable value
thereof; against Fire and such other perils as are covered by an all risk policy;
including all glass on any Subrecipient controlled real property.
c. All insurance required under this Agreement shall (a) be issued by insurance
companies authorized to do business in the State of Washington and acceptable to the
County; (b) be issued as a primary policy, or under the blanket policy, not
contributing with and not in excess of coverage which the Subrecipient may carry; (c)
in the case of the liability policy, contain a contractual liability coverage endorsement
covering the Subrecipient's indemnification duty; and (d) have deductibles acceptable
to the County.
d. if the Subrecipeint fails to maintain such insurance, the County may immediately
obtain such for the Subrecipient's account, and the Subrecipient shall reimburse the
County for the full expense thereof with said reimbursement occurring in a manner
CD13G Subrecipient Agreement
Project No.: 06 -09
Page 12 of 1S
L
acceptable to the County in its sole and absolute discretion.
e. In the event of non - renewal, cancellation or material change in the coverage provided,
written notice shall be furnished the County no less than thirty (30) days prior to the
date of non - renewal, cancellation or change.
f. The County shall have no obligation to report insured occurrences. 'Phis provision shall
survive termination or other expiration of this Agreement.
g. The County shall have no obligation for tile. payment of premiums for the insurance
policies required by this section.
h. Not less than thirty (30) days following the execution of this Agreement., unless
already filed and covering the same period of coverage, the Subrecipient shall file
with the County evidence of employee dishonesty coverage in a mintnluill Ct1111ulatrve
amount of One Hundred Thousand Dollars (51001000.00) of
the amount of this
Agreement, whichever is less, which shall be conditioned upon the Subrecipient
faithfully accounting, for all funds received and further assuring that such fiends are
used for the purposes of this Agreement.
3. Waiver of Subrogation.
The County shall not be liable to the Subrecipient or to any insurance company (by way
of subrogation or otherwise) insuring the Subrecipient for any loss or damage to any
person, building, structure or tangible personal property of the other occurring as a result
of activity under the Agreement, even though such loss or damage might have been
occasioned by the negligence of the County, its agents or employees, if such loss or
damage is covered by insurance benefiting the Subrecipient suffering such loss or damage
was required to be covered by insurance under terms of' the Agreement. Subrecipient
shall cause each insurance policy obtained by it to Contain this waiver of subrogation
Clause.
1;. Code of Conduct and Conflict of interest:
The Parties hereto shall maintain a Code of Conduct which govenls the performance of
employees, agents, consultants, officers, or elected or appointed officials who: l) exercise any
function or responsibility with respect to the award or administration of contracts or procurenlent
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 -year period thereafter.
The Subrecipient organization /agency shall adopt such Code of Conduct. within 30 days of the
execution of this Agreement if a Code of Conduct described in the preceding paragraph is not
already in effect.
In the performance of the Agreement, Subrecipient agrees to comply with all applicable laws and
CDBG Sutarecipirnt Agreement
Project No.: 06 -09
Page 13 of IS
regulations that May pertain to conflicts of interest. These include any applicable provisions of
RC\ '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.
M, Political Activity and .Lobbying:
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.
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.
Pursuant to Section 1352; title 31, U.S. Code, Subrecipient lobbying activity funded by other than
federally appropriated funds, shall be reported.
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.
N. Order of Precedence:
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.
Ln the event of any inconsistency in the tenlhs 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:
A. Applicable federal Statutes and Regulations,
13. Applicable State Statutes and Regulations;
C. HUD Contract No.: B- 06- UC- 530004;
D. Express terms of this Agreement and any amendments.
0. Drug -Free Workplace Act of 19SS:
The Subrecipient will comply with the Drug-Free Workplace Act of 198S, P.L. 100-690, and
CDBG Subrecipient Agreement
Project No.: 06 -09
['age 14 of 1S
shall certify that they will maintain a drums free work place, develop and adopt a written policy
arid implement organizational policies and procedures as required by the Drug-Free Workplace
Act of 19SS, related laws and regulations.
P. .Jurisdiction:
This Agreement shall be governed by the law and statutes of the State of Washington. Venue for
any action hereunder shall be in the Superior COUrt for Spokane County, Washington.
Q. Compliance: with federal Regulations
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.)
Civil Rights, Equal Opportunity and Affirmation Action
1. "Title Vl 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 R.CW
49.60).
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).
3. The Age Discrimination Act of 1975, as amended (P.L. 94 -135), and regulations
issued pursuant thereto.
4. Section 402 of the Vietnam Era Veteran's Readjustment Assistance Act of 1974,
dealing with employment of Veteran's. Disabled Veterans and Veterans of the
Vietnam Era and regulations issued pursuant thereto.
5. Section 3 of the Housing and Community Development Act of 1974 as amended,
and regulations issued pursuant there to (24 CFR Fart 135), dealing.: with
employment of County low income residents as employees and use of County
businesses as contractors, subcontractors, -ind suppliers.
6. Executive Order 11246 dealing with nondiscrimination in employment as a result
of Federally assisted construction contracts as amended by Executive Orders
11375 and 12056, and regulation issued pursuant thereto (41 CFR Chapter 60).
7. Subrecipients who receive CD13G 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 alTiirmative marketing
will be documented and submitted to the County as part of the required monthly
beneficiary and progress reports.
CD13G Subrecipient Agreement
Project No._ 06 -09
Pale 15 of 18
Labor Standards
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 W—,tges, RCVS' 39.12.
Real Property Acquisition, Displacement and Relocation Assistance
Relocation requirements of Title 11 and acquisition requirements of Title 1TI of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, and regulations issued pursuant thereto (24 CFR Part 42).
2. Spokane County's Displacement and Relocation Policy relating to persons
affected by Community Development Block Grant activities.
Environmental Protection
ExeGtttiVe Order 11988 relating to evaluation of flood hazards and Exeeutive
Order 1128S relating to the prevention, control and abatement of water pollution.
2. Flood insurance purchase requirements of Section 102 and 202(x) of the Flood
Disaster Protection Act of 1973 (P.L. 93 -234).
3. Lead Based Paint Poisoning Act (42.U.S.C. 4501 et seq.) and regulations issued
pursuant thereto (24 CFR Part 35 Subpart B).
Purchase and improvement of Property Acquired and /or Improved with CD13G Funds.
Any property under the Subrecipient's control, that is acquired or improved, in
whole or in part, with CDBG funds in excess of $25,000 is subject to the
regulation at 24 CFR Part 570.503 (b) (8) Reversion of Assets, which requires
property acquired or improved with CDBG funds to be used for a purpose which
meets a national objective for a period of five (5) years from the expiration of this
agreement. Disposition of any property acquired or improved with CDBG funds
during the five (5) year period requires repayment of the CDBG funds to Spokane
County. Such property disposition will be reported to the County within 30 days
of the intent to dispose of said property.
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 cun-ent 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.
3. Lf 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 30 days prior to the negotiation
and/or agreement to dispose of said property.
CDBG Subrecipient Agreement
Project \'o.: 06 -09
Page 16 of IS
Additional Conditions for Municipal Subrecipier►ts
1. In accordance with section 906 Cranston - Gonzales National Affordable Mousin�l
,Act, Spokane Valley certifies that it has adopted and is enforcing a policy
prohibiting the use of excessive force by law enforcement agencies within
Spokane Valley jurisdiction against any individuals engaged in nonviolent civil
rights demonstrations.
2. Spokane Valley certifies that it has adopted and is enforcing a policy enforcing
applicable State and Local laws against physically barring entrance to or exit from
a facility or location which is the subject of nonviolent civil rights demonstrations
,�vithirt Spokane Valley jurisdiction.
R. Proprietary Rights:
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 CD.13G funds.
S. Exhibits:
Any exhibits, attachments or addenda referred to herein andlor attached to this Agreeartent
and any Amendments hereto, are incorporated herein as if set forth in full.
T. Miscellaneous.
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.
2. Headings.
The headings are for convenience only and do not in any way limit or affect the terms
and provisions hereof.
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 ntn 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.
4. Time of Essence.
Time is of the essence of this Agreement.
5. Gender and Grammar.
Wherever appropriate in this Agreement, the singular shall be deemed to refer to the
CDBG Subrecipient agreement
Project No.: 06 -09
Page 17 of IS
plural and the plural to the singular, and pronouns of certain genders shall be deemed
to include either or both of the other genders.
IN WITNESS WHEREOF, the parties to this Agreement have caused it to be executed as of the
date noted below.
ATTEST:
0-, C0
`
�
O�.p2o G CoG� �o��
�..4e
By:
Daniela Erickson
Clerk of the Board
SUBRECIPIENT:
TITLE: `
DATE: .7
TAX ID No.: REDACTED
Todd Mielke, Chair
Mark Richard, Vice -Chair
Phillip D. Harris, Commissioner
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
pursuant to RCW 42.56.550.
CDBG Subrecipient Agreement
Project No.: 06 -09
Page 18 of 18
�VJ
J.
NO. 6 0641
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF SPOKANE COUNTY, WASHINGTON
IN THE MATTER CONCERNING EXECUTION OF
2006 COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) SUBREC.IPIENT AGREEMENTS
RESOLUTION
WHEREAS, the Board of County Commissioners of Spokane County, pursuant to the provisions of the Revised
Code of Washington, section 36.32.120(6), has die care of County property and the. management of County funds
and business; and
WHEREAS, the United States Department of Housing and Urban Development (HUD) has the authority to make
available to counties, funds for community development and affordable housing purposes pursuant to various federal
laws including CFR Title, 24, Chapter V, Part 570 (Community Development Block Grants (CDBG); and 24 CFR
Section 92.150 Home Investment Partnerships (HOME); and
WHEREAS, Spokane County has received notification from HUD approving Spokane County's Consolidated
Housing and Community Development Annual Action Plan for the award of fiscal Year 2006 CDBG and HOME
funding, use of anticipated 2006 Program Income, and funds deobligated from prior years from completed or
canceled CDBG and HOME Projects; and
WHEREAS, in order to implement these CDBG and HOME projects in Federal Fiscal Year 2006, the Housing and
Community Development Department has developed the following Subrecipient Agreements and Contracts which
include a Scope of Work and Budgets as well as other terms and conditions for each participating organization,
municipality and special purpose district listed below; and
Puhlic Service Proiects — County -Wide
Volunteers of America — Crosswalk Youth Shelter
S10,000
Volunteers of America — Hope House Shelter
$10,392
Spokane Neighborhood Action Programs — Homeless Families Program
$20,000
New Hope Resource Center — North County Emergency Assistance
$10,000
Second Harvest Food Bank - Emergency Food Box Program
$40,000
Spokane Regional Health District — Senior Nutrition
$10,000
Lilac Blind Foundation — Living Skills and Sight Aids Assistance
$7,500
YFA Connections — Youth Services
$10,000
YWCA — Alternatives to Domestic Violence Shelter
510,000
Cancer Patient Care — Nutrition & Prescription Assistance
515,000
Lutheran Community Services Northwest — SAFeT Sexual Assault Program
S10,000
Spokane County Medical Society — Senior Prescription Assistance
S10,000
Public Service Proiects — Cities and Towns:
City of Airway Heights- Airway Heights - Food Pantry
$10,000
City of Cheney - Cheney Outreach Center — Emergency Assistance
$10,000
City of Deer Park - Catholic Charities — Senior Nutrition Program
$10,000
City of Deer Park -The Greenhouse--Emergency Assistance
$10,000
City of Medical Lake - Medical Lake Community Outreach — Emergency Assistance
$5,184
City of Spokane Valley- Spokane Valley Community Center — Emergency Services
S13,000
Spokane Valley - Meals on Wheels
S15,000
Housine Proiects - County -Wide:
Spokane Neighborhood Action Programs — Single Unit Residential Rehab $145,193
Housing Projects— Cities and Towns:
City of Spokane Valley - Community Aquifer Protection Assistance (CAPA)
— Single Unit Residential Rehab (side -sewer connections) $212,000
Economic Development Prolects — CountgWide:
Spokane Neighborhood Action Programs — Micro- Enterprise Assistance & Loans $75,000
Infrastructure /Public Facility Improvement Prolects — County -Wide:
Spokane County Public Works Dept. Division of Engineering & Roads — RID Assistance $36,898
Infrastructure/Public Facility Improvement Proieets - Cities and Towns:
City of Airway Heights- Water System Improvements 5319,380
City of Cheney- Street and Water Improvements 5105,000
Town of Fairfield- Water System Improvements S158,028
City of Spokane Valley- Street Improvement Vera Terrace Sewer Basin Street Paving $207,815
City of Spokane Valley- Camhope Irrigation District No. 7 — Water System Improvement $24,700
City of Spokane Valley -East Spokane Water District No. 1 — Water System Improvements $118,980
Spokane County— Community Aquifer Protection Assistance (CAPA)
— Capital Facility Rate grant assistance $116,050
WHEREAS, the Housing and Community Development Department Director, or designate, is hereby granted the
authority to approve future modifications to the attached Subrecipient Agreements which do not substantially affect
the Scope of Services or Considerations stated therein; and
BE IT THEREFORE RESOLVED, by the Board of County Commissioners of Spokane County that the Spokane
County Community Development Subrecipient Agreements are hereby approved and adopted and that the R r cY'
the Board of County Commissioners, tar n m< <,rri '116, 13 rd, is hereby authorized to execute the agreements at
other than an open meeting.
POP ED by the Board of County Commissioners of Spokane County, Washington this R'57�f?day of
2006.
04 CWr,y,�
0 yt� Todd•Mielke, C
0
Mark Rtch , Vice Chair
ATTEST:
_ arris, ommissloner
BY/.
DANIELA ERICKSON
CLERK OF TIME BOARD
9'90lkaome cCowmgry
COMMUNITY DEVELOPMENT Housing and Community Development Department Office
BLOCK GRANT PROGRAM Use Only
Project Name: �£r4'if-�c t; SE w� 2 9A-';
312 W. 8' AVENUE Project Number. of, — 09
SPOKANE, WA 99204
(509) 477 -2521, TDD: (509) 477 -2521
FAX # (509) 477 -2561 H1131T A- - -
GRANT APPLICATION
2006 -2007 PROGRAM YEAR
General Application Form For All Activities
A. PROJECT SUMMARY:
1. Applicant: City of Spokane Valle
Contacts: Steve Worley Phone: (509) 688 -0191
Greg McCormick Phone: (509) 688 -0023
E -mail: sworlgy@spokanevalley.org Fax: (509) 921 -1008
Mailing Address: 11 707 E Sprague Ave Suite 106 Spokane Valley WA 99206
Street Address: Same as Above
2. Priority Need Addressed:
Infustructure - Street Improvements
3. Target Population:
. Area Wide Benefit
4. Project Location:
4th Avenue from Evergreen to Progress
5. Proposed Activity:
Road re- paving after sewer placement
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 (SVMQ 2.75.080; and obtain judicial review
pursuant to RCW 42.56.550.
6. Estimated Beneficiaries: 104 65 231
0 -30% MFI 31 -50% MFI 51 -80% MFI
7. Proposed Time Frame for Completion of Project:
October, 2006
8. Amount of CDBG Funds Requested: $207,815
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 for the project.
` Deputy City Manager
Signature of Authorize ial Title
Nina Regor 11/9105
Name (please print or type) Date
Type of Applicant Municipality Organization's Federal ID #: REDACTED
(Non-profit, for-profit, municipality, Special Purpose District etc.)
C:\Documents and Settings\hkauerU ocal Settings \Temporary Internet Files \OLKl0\2006 Vera Terrace Sewer Basin AppIication2.doc
1
COMAWN1TY DEVELOPMENi17
BLOCK GRANT PROGRAM
312 W. 8* AVENUE
SPOKANE, WA 99204
(509) 477 -2521, TDD: (509) 477 -2521
FAX 4 (509) 477 -2561
B. PROPOSED PROJECT INFORMATION:
1. Need Category(ies) to be addressed: (see page 15 - 17 of Proposal Instructions and .Selection Criteria):
INFRASTRUCTURE, Street Improvements
2. Conformance with Spokane County Consolidated Plan:
This project prioritizes areas with the lowest - incomes as is consistent with objective AR-5.1 of the County's
Consolidated Plan p. 101 as well as focusing on basic needs by protecting health an safety and leverages limited
resources by partnering with the County
3. CDBG Program Goal(s) Addressed:
This Area Revitalization project improves in-- frastructure and the physical environment for the residents of the
Target Area by addressing development, traffic safety, pedestrian safety, acres to services and other needs.
Objective AR1: Fund Projects that Create the Greatest Benefit in the Targeted Areas. The Valley has adopted and
incorporated this goal by selecting a High Priority Infrastructure project in a low- income census tract
Objective AR3: Improve the infrastructure and/or physical environment. Paving the entire roadway of the Vera
"terrace Sewer Basin will prolong the life of the road as well as making the surface safer for drivers.
Objective AR4: Insure the greatest benefit is to low - income persons / households. The City has adopted this goal
by targeting a project in Census Tract 129, Block Group 2, Block 1 which has a total population of 753 people,
53% of which are low income.
4. Effect qn identified Priority Need(s):
it is estimated that replacing septic systems in the Vera Terrace sewer basin will reduce contamination of the
aquifer by 205 Equivalent Residential Units or 184,500 cubic feet of metered water usage per month.
Impact On Populations Served:
Residents in the entire Spokane region benefit from public sewer projects since they help to keep the aquifer clean
and those using the roadway benefit from having the entire road width paved. This causes less wear and tear on
vehicles, as well as cutting down on dust. This is especially important in the Spokane Valley because the Spokane
Air Pollution Control Authority has said that unpaved roads is one of two reasons why the Spokane region has
failed to meet health -based air quality standards. The other is wood and field- burning. The investment in the
neighborhood's infrastructure would likely enhance the property values in this target area and provide an upgraded
appearance to the area. Another probable spin -off of the improved streets would be a boost in the pride of the
neighborhood possibly resulting in homeowners upgrading their individual properties.
C:Uaocuments and SeningslhkauerlLocal SettingslTcmporary Internet Files101,1( 1012006 Vera Terrace Sewer Basin Application1doc
2
�'u�(Siw° �6ltiFUjJ � .
COMITUNiTY DEVELOPMENT
BLOCK GRANT PROGRAM
312 W. 8H AVENUE
SPOKANE, WA 99204
(509) 477 -2521, TDD: (509) 477 -2521
FAX H (509) 477 -2561
PROPOSED ACTIVITIES DESCRIPTION: Continued
6. Proicet Description:
The proposed project proposed is to replace existing septic tank systems with a sanitary sewer system in the Vera
Terrace sewer basin. AS part of that larger project; the installation of the trunk sewer mains and side sewer lines will
require ditches to be dug in the roadways. Typically, those ditches would be filled and the pavement patched after
completion of the sewer installation. The funding requested under this application would result in the reconstruction
of the entire roadway rather than patching just the area excavated for the sewer lines.
7. Project Management:
The project will be facilitated by the City of Spokane Valley Public Works department; planned and designed by
our consultant.
8. Project Outcomes:
The roadway will be newly paved over the entire surface of the'road versus only paving the trench area that has
been excavated for the sewer line. This allows for a longer life of the road and therefore, easier travel for drivers
and fewer maintenance costs to the city
9. Project. Alternatives:
Without full funding, the City would most likely only pave the portion of asphalt disturbed by the sewer main
trench.
10. Conformance With Long Range Plans:
This project conforms with the City of Spokane Valley's adopted Transporationa Improvement Program, the Capital
Facilities Program consistent with the Interim: Comprehensive Plan and it's concurrency requirements, in
conformance with the State's Growth Management Act. It also conforms with the Spokae County Utility
Department's 6 Year Capital Improvement Plan and the County Consolidated Plan.
P:ICommunity Dcvelopmentll.ong Range PlanninglCDBG & HOME3\2006 CDBG ProgramWera Tcrmcc12006 Vera Terrace Sewer Basin
Application.doc
3
4"kaw coxfisy
COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM
312 W. 8"" AVENUE
SPOKANE, WA 99,204
(509) 477 -2521, TDD: (509) 477 -2521
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 for each month.
Unduplicated
Prior to July 1, 2006: Projix t design, bid and award of the project Construction to begin ring of 2006
July, 2006: Project under construction
C:0ocuments and Setlings\WucrlLocal Senings\TeMporary Internet Files101„ K 1012006 Vera Terrace Sewer Basin Application1doc
No. of Beneficiaries:
August, 2006: Project under construction
No. of Beneficiaries:
September, 2006: FLQiect under construction
No. of Beneficiaries:
October, 2006: Completion of pWJeet
No. of Beneficiaries:
November, 2006:
No. of Beneficiaries:
December, 2006:
No. of Beneficiaries:
January, 2007:
No. of Beneficiaries:
February, 2007:
No. of Beneficiaries:
March, 2007:
No. of Beneficiaries:
Ap_ ril, 2007:
No. of Beneficiaries:
May, 2007:
No. of Beneficiaries:
June, 2007:
No. of Beneficiaries:
C:0ocuments and Setlings\WucrlLocal Senings\TeMporary Internet Files101„ K 1012006 Vera Terrace Sewer Basin Application1doc
4�0&t =ve {T'+917ARry `-
COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM
312 W- 8' AVI;NUF
SPOKANFE, WA 99204
(509) 477 -2521, TDD: (509) 477 -2521
FAX 9 (509) 477 -2561
A. A. 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 additional) by a requested. Budget pages must be completely filled out or the proposal
will not he accepted.
Y_ rOJect Eacase� ! i4
` t
I ofal Protects
ei� _Costsd'�i
o<�v
CUKG
Request
S ,.y x
�fillmo aE
c�DtiG °la
of Igtal
%: Gust ;
other ;r
Ke�enuc t
y {sPcr�ff).
i other,
Revenuer
fi {speidYJ�.y
�. , Other `
,; Revciue�,
r
{specify)`'
t0tiiu ' " "•
*f °f Costs`°
Personnel Costs
Coun
City
Salaries
$2,000
$0
0%
$2 000
100'%
Benefits
$115
$0
0%
$115
100%
Taxes
Other (Identify)
Other (Identify)
4btot6k iiersontie1;C'osls ;'_ :r .
$2 115
$0
0%
$2,115
-100%
Operating osts:
r a ♦
3.
_
,�
Rent/Lease
Utilities
Telephone
Postage
Supplies
Mileage
Other (Identify)
Other (Identify)
Srrbtuta�Opeldlini - �- 7- -N`
$0
$0
0%
$0
$0
$0
0%
e
Pro csional,Services
w
e
'
Consultant
$357,000
$0
0°%
S357,000
100%
Engineering
Other (Identify)
iilitntal 'Pirijessional S� nn � -
j257,000
SO
0%
$357,000
100%
Construction Cmv
Materials/Supplies
Constriction Costs
$207,815
9% 1$2.167,185
91%
1$2,375,000
Other (Identify) Const. Mgmt
$238 000
$0
0°%
$238,000
100%
Other (Identify)
Property Acquisition
Equipment Purchase
Other ( Tdentify)
Other
ribtnlal:;;t~onssliuclion Costs;_?
$2,613,000
$207,815
9°%
$2405.185
$2,115
91%
TOTAL (all categories)
$2,972,115
$207 815
7%
$2,7 2,185
$2,115
93%
P:1Community DevelopmentlLcng Range PlanninglCDBG lot HOME12006 CDIAG ProgramWera Tenace12006 Ver► Terrace Sewer Basin
Application2.doc
5
COMMUNITY DEVIa,OPME11:'
BLOCK GRANT PROGRAM
312 W. 8T" AVENUE
SPOKANE, WA 99204
(509) 477 -2521, TDD: (509) 477 -2521
FAX H (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)
Stuff time= Estimate 8% of Construction Costs for project management. Benefits are equal to .33% of salary.
Operating Costs:
N/A
• Professional Services:
NIA
Construction Costs:
The figures shown are a construction estimate that is based upon several factors: A preliminary design, bids
received from previous projects, and current bid practices. Actual construction costs will vary from the estimates.
Basis for Cost Allocation:
Construction costs are requested for CDBG reimbursement with Personnel costs to be covered by the City.
1':1Community DevelopmentlLong Range Planning1CDBO & HOMEV006 CDBG ProgramlVera Terraoe12006 Vera Terrace Sewer Basin
Application doc
6
4mllvu e J
COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM
312 W. 8' AVENTUE
SPOKANE, WA 99204
(509) 477-2521, TDD: (509) 477 -2521
FAX # (509) 477-2561
3. Revenue Summary:
1 2
Funding
Loan o�
-
Tki, Fu]
un ingZ-,
y4i
--RQncfiotjs.'-.�;
Spokane
Grant
$2,7622185
committed
County
city
$2,115
committed
CDBG
Grant
$207,815
uncommitted
$
a- Discuss the effect on the project if other "uncommitted" funds are not received:
There are no other uncommitted funds.
b. Comments:
P:\Community Dcvelcpmenl\Long Range Planning\CDBG &. HOME-V006 CDBG llrograrn\VcTa Tcrracc12006 Vera Tcrrdr;c Sewer Basin
Application1doc
7
.��* dG7S,T° �isLtS,TS� 1
COMMUNITY DEVELOPME?,."."'
BLOCK GRANT PROGRAM
312 W. 8T" AVEN TUE
SPOKANE, WA 99204
(509) 477 -2521, TDD: (509) 477 -2521
FAX ii (509) 477 -2561
E. PROJECT LOCATION AND DISLOCATION OF HOUSEHOLDS OR BUSINESSES
I. Project Location (where will the activity happen): The project is located in the Vera Terrace Sewer
Basin. The project boundary is Fvergeen Road to the Nest. Progress Road to the East. 2nd Avenue to
the North and 4th Avenue to the South
Attach a.map of the service area.
2. Displacement location: Is there any displacement associated with the activity? ❑yes / (Ono
If yes, you must provide a relocation plan including a budget for relocation costs.
Additional Information: Use this section only to provide additional information as requested in the
application instructions. (i.e., factors contributing to project completion dales, etc.)
C:Wocuments and SettingsMauerk oval SettingsVI'emporary Internet Files\OLK1012006 Vera Tenaec Sewer Basin Application1doc
8
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VE A TERRACE SEWER BASIN
Q 250 500
Feet
,�bo� rs,�s� 2�rsaamRy • _ .
COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM
312 W. 8ni AVENUE
SPOKANE, WA 99204
(509) 477 -2521, TDD: (509) 477 -2521
FAX # (509) 477 -2561
Construction Activity Supplemental Application Form
2006 -2007 PROGRAM YEAR
a.
Construction Schedule of Values
�� yEtitiifnA• a "d � .�% ' nt • To 1
No. lltwcripEion Quantity Yrtc � Amouti
1 Sewer Main Constriction LS $1,523,475 51,539,290.1
2
Storm Nmter
LS
$45,750
545,750
3
Surfacing Items
L,S
$603,900
$603,900
4
$
5
5
S
$
6
$
$
7
$
$
8
$
$
9
S
$
Subtotal S7,188,940.1
Plus Sales Tax $186,05.90
TOTAL AMOUNT OF BID INCLUDING SALF;S TAX $2,375,000
P:\Community Dcve1optnent \1xng Range Planning \CDBG & HOME\2006 CD136'Program \Vera TerraceWera Tcrrace
Supplemental Application.doe
I
--
4s+a cane car,
su
COMMUNITY DEVELOPMENT
BLOCK GRANT PROC_RAIM
312 W. 8T" AVENUE
SPOKANE, NVA 99204
(509) 477 -2521, TDD_ (509) 477 -2521
FAX 4 (509) 477 -2561
Construction Activity Supplemental Application Form
2006 -2007 PROGRAM YEAR
Schedule of,Valacs for Non- Construction Costs
tern ; Description s os s
1. Project Management $109,753.1
2
Design Engineering
$219,317
3
Construction Management
$219,317
4
$
5
$
6
S
7
$
8
$
9
$
Subtotal $548387A
Plus Sales Tax $4£,612.9
TOTAL. AMOUNT OF BID INCLUDING :SALES TAX $595,000
MCommunily DevelopmenALong Range Planning\CDBG & HCM112006 CDRG ProgrannWera TcrraceWern Tcrrace
Supplemental Application -doc
COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM
312 W. 8T" AVENUE
SPOKANE, WA 99204
(509) 477 -2521, TDD: (509) 477 -2521
FAX # (509) 477 -2561
Construction Activity Supplemental Application Form
2006 -2007 PROGRAM YTA.R
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 of Spokane Valley has control over the property. The site property is located in city right -of
-way.
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. Spokane County, under contract, will be responsible for
inspections, construction site supervision and the procurement of professional services. Shane
Arlt with the City of Spokane Valley will be responsible for constrution site supervision,
compliance activity requi- rements and representing the owner's interests.
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.) A SEPA
checklist will be completed by Spokane County prior to construction. This is a Spokane County
project management responsibility.
g. Identify in which manner the activity will benefit Low /Mod income persons:
® Area Wide Benefit / Census Tract/Block 129,131k Grp 2,131k- 1
Total Population of Area 753 / Percentage of L.MT persons 53%
❑ Limited Clientele
Describe how this construction activity will meet the limited clientele subcategory
❑ Other Describe
h. If proposing water or sewer system improvements, please complete the following:
Current monthly ❑water / 0 sewer rates $0
Proposed monthly rates (w / CD13G funds) $27.18
Proposed monthly rates (w /o CDBG funds) $27.18
P:1Community Dcvclopment\Long Range 111anning%Cn13G & HOME12006 CD110 ProgramWera Temice Vera Tcrmcc
Supplemental Application.doc
Spokane Valley— Vera Terrace Street Paving Exhibit B
Project Flo. 06 -09
COMMUNITY DEVE LOPNIIENT .BLOCK GRANT
SUBRECIPJENT aGREEIN�I_ENT
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. 1 furthermore affirm that neither the agencies 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
agencies 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 agencies 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. 1 furthermore affirm that neither the agencies 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 ground for termination of the contract agreement.
Signature of Representativ _Zw�&tt
Printed Name of Representative }/f -1 �J .GOC'1 Date:
C:ornmunity Development Block Gntni PrCia uin
Quarterly Progress RcporC
Con8Lroolon Projects
Housing, Public raciIities ur1.11rrast.ructure
Report period: to
Subrecipient;
Proj ect.
Person complci:i , report.:
.lob Title'
Contact te.lephonk, number
1, Descrihe curl -ent si:acus of project (Cor example. plannin¢, procul -gill llt_ PI -c-
(IeVelol)lllent, carisil-LICtiun, �Lct.ivity underway: service markct.ing, etc..) and current foes of
activity;
?. Describe signiFcW actions taken during report period;
Describe and pravicic rfxi uns for charLges in original pruje4[ 1,oalsIrn�ile.9 to lie s
4. is th(- }rojeCt Clll tillle.' per the 111112-11ne C011tailled ill the SLibree]plent rA greemehlt ?
❑ yes 1 ❑ no . !f the response is no, provide a brief discussion of why the prof cCt is
not oil schQ&Ile.
5. DLrrillg this project period were. C-D'SG funds expended '? ❑ yeas / ❑ no
Exhibi4 r)
Spokane County C:ommuRi[y Developrneni
Chock Grant Program
End of Projecr fear Deport
Report date:
Subr"lpienC:
Project nsrne:
Person complering report:
Job ride;
C,ontac[ telephorie number:
Describ4 project: outcomes in quantifiable ternls :-
Discuss how the activity impacied the neet} (s) cited in your application. Vas [he deed
eliminated, inlpro%-,ecl, or exacerbated ? What indictors would best. describe this result'?
What, if any, extemal factors contributed to Cbis?
Discuss your organix<<tions efforts to leverage other resources Lo address Ibis rkeed(s).
\ cre other funds secured and expended as proposed for this wvity? What efforts are
being glade to secrtFe other fund to address thislthese ne-ed(s) Ill the fLlt4lrO
Discuss your orcanizaions planning efforts. How will your organization meel This and
other needs 0x1er the next 3 -5 years? Wllat resources are re,gokred, flow will they be
secu, ,ed, how will these needs be elinlinarecl or reduced'?
Did your project <<ccornplishments change substantially frorn the activity originally
proposed in the grant application:
-Ves ❑ No
Please di-,sc:ribe the riatru'e of and reas oil s for any chil ngeS in the pnoject accornp]isllrnents.
Discuss how yore Woulcl chance the project as a result of these cxperiences'
D I d bent ticjary nUmbers 011UIILIU fr0111 number o f benef curies proposed In original
DBG application: ❑ Yes ❑ No
I f bene fit Ievel changed substantially from the IeveI proposed in your application, l)lettse
discuss the reasons for this change. What are tllc barriers to providing 1roposed service
IcvcIs? [s a further asses,Fment oFneed necessary?
SELF EVALUATION:
Assess your organizations efforts in carrying; out this project. Discuss the nature of and
reasons for your accomplishments and /or shortcomings in conducting the activity.
Assess your projects conformance with the County's Consolidated Housing; and
Community Development Plan and Annual Action Plans.
Project Beneficiaries
If this is an Area Wide Benefit, then check here ❑ and do not continue filling out this box.
"Cotal: Individuals (Actuall Prol)osed)
Total: Participating City/ Unincorporated area residents (Actual l Proposed)
Beneficiary Incomes
Number of individuals at:
0 to 30% 31 to 50% 51 to 80% 81 to 100% > 100%
Total Project Funds Expended Ihu-ing Report Period S
Total CDBG Funds Expended During Report Period S
Other Project Funds I -Expended During Report Period:
Source Amount
$
TOTAL. $
Late
Signature of Authorized Official Typcd Name
ffmw
SPOKANE COUNTY HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT
To: 2006 Community Development Block Grant (CDBG)
Subrecipient
From: Christine Barada Director
Community Services Department
Housing and Community Development Department
Date: July 25, 2006
Subject: 2006 Subrecipient Agreements
Enclosed is a signed copy of your 2006 CDBG Subrecipient Agreement. The Board of
County Commissioners finalized our agreements with the U.S. Department of Housing
and Urban Development on July 25, 2006.
Please take the time to familiarize yourself with program requirements. You may begin
incurring project costs (retroactively from July 1, 2006), provided those costs are eligible
and in accordance with regulations and requirements outlined in the Agreement.
Prior to disbursing CDBG funds to your agency, you must submit a Signature
Authorization Letter on your organization's letterhead. A sample of the Signature
Authorization Letter is contained as Exhibit F in the 2006 Program Year Project
Management Manual.
Please contact your project administrator if you have any questions regarding your 2006
CDBG Pro ject. If you are unsure of who is handling your project, please contact Tim
Crowley at 477 -4488, or Marlene Mclean at 477 -2588.
We are looking forward to working with you during 2006, and wish you success with
your project.
CAWrNNRTemporaiy r,' `t'2'tw 's� 4 fi�ti r �`l `F5t'� 1�` SPoKANE, WA 99204 I
o1.- .1. PHONE 509- 477 -2521 • FAx 509 -477 -2561 • WWW.SPOKANECOUNTY.ORG