12-121.00 Spokane County CDBG: Sprague ADA Sidewalk ImprovementsCOMMUNITY DEVELOPMENT BLOCK GRANT
SUBRECIPIENT AGREEMENT
(Government Entity)
Project Number 12 -14
This Subrecipient agreement, hereinafter referred to as the "Agreement ", is executed by
SPOKANE COUNTY, a political subdivision of the State of Washington, through its
Community Services, Housing, and Community Development Department (CSHCD), hereinafter
referred to as the County and City of Spokane Valley, a political subdivision of the State of
Washington, whose address is 11707 E Sprague Avenue, Suite 106, Spokane Valley, WA 99206,
hereinafter referred to as the "Subrecipient ", and together referred to as the "Parties ".
IN CONSIDERATION OF PROMISES MADE HEREIN AND THE MUTUAL BENEFIT
DERIVED THEREFROM BY THE PARTIES MUTUALLY AGREE AS FOLLOWS:
I. PURPOSE.
The purpose of this Agreement is the funding and completion of the project(s) identified as the
Sprague Avenue ADA Sidewalk Improvements, hereinafter referred to as the "Project ", which is
a federally funded project through the Community Development Block Grant program,
hereinafter referred to as "CDBG ", from the US Department of Housing and Urban Devel-
opment, hereinafter referred to as "HUD ", (CFDA # 14.218).
Acceptance of the Spokane County 2010 -2014 Housing and Community Development
Consolidated Plan and 2012 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.
CDBG funds will provide for Fifteen Thousand Fifty Three Dollars ($15,053.00) of the
Engineering Costs and One Hundred Thousand Three Hundred Fifty Seven Dollars
($100,357.00) of the Construction Costs, the total which is not to exceed One Hundred Fifteen
Thousand Four Hundred and Ten Dollars ($115,410.00), as identified in the budget, pursuant to
the terms of this Agreement. Only funds for the reimbursement of actual allowable costs will be
disbursed to the Subrecipient. Any funds allocated for the Project remaining after reimbursement
to Subrecipient of all actual allowable costs pursuant to this Agreement shall be retained by the
County.
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II. AGREEMENT AND EXHIBITS.
This Agreement shall consist of this Subrecipient Agreement and all exhibits (Exhibits A — D, F)
that are referred to herein. Any exhibits, attachments or addenda referred to herein and /or
attached to this Agreement and any Amendments hereto, are incorporated herein as if set forth in
full.
III. PERIOD OF PERFORMANCE.
Contingent on the receipt of a notice to proceed from the County, this Agreement shall be
effective July 1, 2012 and shall be completed no later than June 30, 2013, hereinafter referred to
as the Project Period.
If the HUD Contract is not executed prior to July 1, 2012 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.
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.
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. The Subrecipient shall adhere to
agreed upon budgets, schedules, and commitments.
V. FUNDING.
A. Funding Sources:
Funding sources under this Agreement are as follows:
Community Development Block Grant Funds (CFDA # 14.218) $115,410.00
B. Maximum Funding:
Total maximum funding under this Agreement is One Hundred Fifteen Thousand Four
Hundred and Ten Dollars and No Cents ($115,410.00).
C. Requests for Reimbursement:
The Subrecipient shall submit requests for reimbursement of actual allowable costs incurred
by the Subrecipient in performance of this Agreement and in accordance with the attached
budget, included in Exhibit A. Requests for reimbursement must be accompanied by
documentation substantiating eligibility of costs for which reimbursement is requested. The
Subrecipient shall submit the final requests for reimbursement not later than thirty (30) days
after this expiration of the close of the Project period. The final request for reimbursement
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shall provide a reconciliation of actual revenue and expenses for the entire period of this
Agreement.
Costs incurred prior to the effective date of or after the expiration date of this Agreement,
ineligible costs, or unallowable costs, will not be reimbursed by the County, unless approved
by the County and subject to this Agreement being signed by all parties.
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 I Purpose.
No change(s) to the budget shall be binding upon the Parties except by amendment to this
Agreement executed pursuant to the General Terms and Conditions of this Agreement.
For all construction projects, the use of any CDBG funds designated as "contingency funds"
in the project budget, included in Exhibit A, must be reviewed and approved by the County.
If allowable actual costs for a given month are less than the budgeted amount pursuant to the
budget, included in Exhibit A, reimbursement shall not exceed the allowable actual costs.
The maximum allowable monthly payment shall equal the total budget maximum to date less
the total payments to date.
All funds obligated or committed by the Subrecipient to contractors, suppliers, etc. during the
Project Period must be expended on or before June 30, 2013. CDBG funds, which are not
expended by June 30, 2013, shall be returned to the County.
D. Circulars:
Federal Office of Management and Budget (OMB) Circular A -87, Cost Principles for State,
Local and Indian Tribal Governments (located at 2 CFR Part 225), OMB Circular A -102,
Grants and Cooperative Agreements with State and Local Governments (as amended), OMB
Circular A -133 Audit Requirements, and RCW 43.09.200 shall apply to the Agreement and to
all funds disbursed hereunder. Except as noted in the Agreement, costs are reimbursable
under Washington State Budgeting Accounting Reporting System (BARS), including all
supplements and revisions thereto, prescribed by the Washington State Auditors Office.
E. Administrative Costs:
Administrative costs for the performance of the Agreement shall not exceed the amount
identified in the Budget, included in Exhibit A. As used in this Agreement, administrative
costs shall be defined as: Costs for general operation of direct service agencies in support of
the Project, and includes the cost for Project administration, activities performed for Project
management purposes, accounting, record keeping, general clerical support, activities of the
Board of Directors, and similar costs.
F. Recovery of Overpayment to Contractor:
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 24 CFR, Part 85, from what would otherwise be the
County's liability under this Agreement. If the Subrecipient receives a notice of overpayment,
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which the County shall be required to timely provide, the Subrecipient may protest the
overpayment determination pursuant to the Dispute Resolution Section of this Agreement.
Failure to invoke said section within fifteen (15) days of receipt of a notice of overpayment
will result in an overpayment debt against the Subrecipient.
G. Fiscal Management:
All financial transactions involving CDBG funds are subject to the regulations, policies,
guidelines and requirements contained in the Office of Management and Budget Circular A-
87 Cost Principles for State, Local and Tribal Governments (located at 2 CFR, Part 225), as
applicable, which describes eligible costs, and 24 CFR 85.20 which describes financial man-
agement 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 governmental 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 viable, 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 incurred by the Subrecipient directly relating to the cost identified in the Budget.
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
and result in an unnecessary cost or reimbursement for services that are not necessary or
that fail to meet professionally recognized standards. The Subrecipient shall do the
following to guard against Fraud and Abuse:
1. Create and maintain a mandatory compliance plan that includes provisions to
educate Subrecipient's staff of the false claim act and whistle blower protections;
2. Develop written policies, procedures, and standards of conduct that articulate the
Subrecipient's commitment to comply with all applicable federal and State
standards;
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3. Designate a compliance officer and a compliance committee that is accountable to
senior management;
4. Provide effective ongoing training and education for the compliance officer and
the staff of the Subrecipient;
5. Facilitate effective communication between the compliance officer and the
Subrecipient's employees and the Subrecipient's sub Subrecipients;
6. Enforce standards through well - publicized disciplinary guidelines;
7. Conduct internal monitoring and auditing;
8. Respond promptly to detected offenses and develop corrective action initiatives;
and
9. Report fraud and /or abuse information to CSHCD as soon as it is discovered to
include the source of the complaint, the involved individual(s) nature of fraud or
abuse complaint, approximate dollars involved, and the legal and administrative
disposition of the case.
H. Audit:
1. If Subrecipient expends a total, from all income sources, of Five Hundred Thousand
Dollars, ($500,000.00) or more of federal funds per fiscal year, then no later than six (6)
months after the end of the Subrecipient's fiscal year, the Subrecipient shall have an
independent fiscal audit conducted of its financial statement and condition, regarding the
performance of this Agreement, readily delineating CDBG funds received from the
County. The audit shall comply with OMB Circular A -133 and 24 CFR Part 85.
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.
3. Failure to engage auditors and provide proof of such engagement prior to the due date of
the audit report to the County shall be considered contractual non - performance. In such
event, the County reserves the right to withhold not more than one hundred fifty percent
(150 %) of the reasonably estimated cost of the required audit from reimbursement due at
the end of the audit year or final reimbursement pending compliance with this section of
this Agreement. This subsection shall survive the termination or other expiration of the
Agreement.
I. 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.
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VI. GENERAL 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 accrue 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.
B. Modifications And 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
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.
Any proposed change(s) in the project scope of service, budget, location, or the number of
beneficiaries served as described in the Subrecipient's Grant Application and Final Project
Proposal (Exhibit A), must be submitted in writing to the CSHCD for approval prior to incurring
any project costs or implementing any substantial project modifications. Any such changes shall
be considered a request to modify or amend this Agreement.
C. Waivers:
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.
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 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.
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D. 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. 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.
E. Access, Examination, Audit And Monitoring:
The County shall provide technical assistance to the Subrecipient, to the extent practicable,
regarding compliance with federal program requirements throughout the project period. The
County will monitor the performance of services and evaluate accomplishments and compliance
with the terms of this Agreement throughout the project period. Monitoring may include a visit
to the project site or to the Subrecipient organization.
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).
The Subrecipient shall provide right of access to its facilities, including those of any
subcontractor, to the County, the state, and/or federal agencies or officials at all reasonable times
in order to monitor and evaluate the services provided for herein. The County shall provide
reasonable notice of any County monitoring or evaluation, unless the County has reason to
believe that monitoring without notice is necessary. The County shall monitor the Subrecipient
programmatically and financially on site within the sole discretion of the County. The
Subrecipient shall make available to the County, the state auditor, and/or HUD all records, books
or pertinent information which Subrecipient shall have kept pertaining to this Agreement and as
required by this Agreement, Federal law and/or Washington law. Subrecipient shall also furnish
such progress reports, schedules, financial and costs reports, and other such program or fiscal
data reasonably required to evaluate the performance of this Agreement.
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.
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 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;
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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.
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 implement
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 fifteen (15) to
sixty (60) day 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 CSHCD.
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 funding).
g. Subject to the suspension process described above termination will occur when corrective
action is not completed in a timely fashion as prescribed.
h. 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.
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.
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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.
In the event of suspension, further payment may be withheld until the Subrecipient takes
corrective action or the County terminates the Agreement.
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.
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 from this Agreement within fifteen (15) days following the date one Party sends written
notice of the dispute to the other Party, the dispute may be submitted by either party to the
Director of the CSHCD ( "Director ").
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.
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.
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.
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.
I. Maintenance and Retention of Records And Reports:
The Subrecipient shall maintain such program records as may be required by applicable Federal,
State and County regulations, all of which are incorporated herein by reference.
Records Maintenance:
a. Subrecipient shall maintain accounts and records, including personnel, property,
financial and programmatic records, and other such records as may be reasonably
required by CSHCD to ensure proper accounting for all Agreement funds and
compliance with this Agreement.
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b. 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.
c. Subrecipient shall provide a written Records Maintenance Policy and Procedures
which will cover records storage, retention, and disposition procedures.
d. For the same period, Subrecipient shall maintain records sufficient to substantiate
CSHCD's statement of its organization's structure, tax status, capabilities, and
performance.
e. 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.
f. Maintain records in a manner consistent with requirements of 24 CFR 570.506.
Records Retention:
a. During the term of this Agreement and for six (6) years following termination or
expiration of this Agreement, or the period of time specified at 24 CFR 85.42 as
modified by 24 CFR 570.502(a)(16) OR 24 CFR 84.53 (b) as modified by 24 CFR
570.502(b)(3)(ix)(A) and (B), whichever period is longer, or if any audit, claim,
litigation, or other legal action involving the records is started before expiration of the
six (6) year period, the records shall be retained until completion and resolution of all
issues arising there from or until the end of the six (6) year period, whichever is later.
b. The Subrecipient shall maintain records sufficient to:
c. Document performance of all acts required by law, regulation, or this Agreement;
d. Substantiate the Subrecipient's statement of its organization's structure, tax status,
capabilities, and performance; and
e. Demonstrate the accounting procedures, practices, and records that sufficiently and
properly document the Subrecipient's invoices to the County and all expenditures
made by the Subrecipient to perform as required by this Agreement.
f. The Subrecipient shall cooperate in all reviews, including but not limited to, surveys,
and research conducted by HUD.
g. Evaluations under this Agreement shall be done by inspection or other means to
measure quality, appropriateness, and timeliness of services, and to determine
whether the Subrecipient are providing service to individuals in accordance with the
requirements set forth in this Agreement and applicable State and federal regulations
as existing or hereafter amended.
h. Subrecipient shall maintain books, records, documents, and other materials relevant to
this Agreement which sufficiently and properly reflect all payments made.
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,
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equal opportunity, property disposition, etc. The public shall be granted reasonable access to all
"public records" pursuant to RCW 42.56 and /or 5 USC 552.
At a minimum, the Subrecipient will submit, with the first request for reimbursement,
documentation and descriptions of project costs including formulas for allocated prorated
portions of operating costs, procurement costs or other costs not wholly supported by CDBG
funds. Documentation will include time studies or employee time sheets, job descriptions or
contracts, indirect cost allocation plans or other requested documentation helpful to the County in
determining the eligibility of costs. Each successive request for reimbursement will include, at a
minimum, back up documentation for costs incurred.
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
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 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.
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 the 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.
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Reports will be submitted in the formats provided by the County which are attached to this
Agreement as Exhibits C and D:
• Quarterly Progress Reports, (Exhibit C); and
• End of Project Year Report no later than July 31, 2013 (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 County
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 subrecipient from the responsibility for their timely submittal.
J. Procurement 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 County's specific written approval of the
contract instrument, enter into any subcontract or procurement action authorized as necessary for
the successful completion of this Agreement. The Subrecipient will remain fully obligated under
the provisions of this contract Agreement not withstanding its designation of any third party to
undertake all or any of the Project. The Subrecipient may not award or permit an award of a
contract to a party that is debarred, suspended or ineligible to participate in a Federal program.
The Subrecipient will submit to the County, the names of contractors, prior to signing contracts,
to ensure compliance with 24 CFR Part 24 and 2 CFR Part 180, "Debarment and Suspension ".
The Subrecipient will consult with Spokane County to develop a plan of action to comply with
Executive Orders 11625, 12138 and 12432 and Public Law 95 -507 dealing with the use of
minority and woman owned business enterprises.
K. Indemnification 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 services to be performed. Properties improved, acquired or rehabilitated with CDBG
funds will be insured until such time that the final disposition of the property occurs. Copies of
insurance policies and /or evidence of insurance shall be provided to the County upon request.
1. Indemnification.
a. The Subrecipient shall protect, defend, indemnify, and hold harmless the County, its
officers, employees, and agents from any and all costs, claims, judgments, and/or
awards of damages, arising out of, or in any way resulting from, the negligent and/or
intentional acts or omissions of Subrecipient, its officers, employees, and/or agents in
connection with, or in support of, this Agreement. Subrecipient agrees that its
obligations under this subparagraph extend to any claim, demand, and/or cause of
CDBG Subrecipient Agreement
Page 12 of 20
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 claim, demand, and/or cause of
action brought by, or on behalf of, any of its employees or agents. For this purpose,
the County, by mutual negotiation, hereby waives, as respects Subrecipient only, any
immunity that would otherwise be available against such claims under the Industrial
Insurance provisions of Title 51 RCW. In the event Subrecipient incurs any
judgment, award, and /or cost arising therefrom, including attorney's fees, to enforce
the provisions of this article, all such fees, expenses, and costs shall be recoverable
from the County. For the purposes of this Agreement, the Subrecipient and its
subcontractors shall not be considered agents of the County.
c. 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.
2. Insurance.
a. The Subrecipient shall furnish and maintain all insurances as required herein and
comply with all limits, terms and conditions stipulated therein, at their expense,
for the duration of the Agreement. Following is a list of requirements for this
Agreement. Any exclusions must be approved by the Spokane County Risk
Management Department. Work under this Agreement shall not commence until
evidence of all required insurance and bonding is provided to the County of
Spokane. The Subrecipient's insurer shall have a minimum A.M. Best's rating of
A- and shall be licensed to do business in the State of Washington. Evidence of
such insurance shall consist of a completed copy of the certificate of insurance,
signed by the insurance agent for the Subrecipient and returned to the Spokane
County Department with whom the Agreement is executed. The insurance policy
or policies will not be cancelled, materially changes or altered without forty five
(45) days notice submitted to the department with whom the Agreement is
executed. The policy shall be endorsed and the certificate shall reflect that the
County of Spokane is an additional named insured on the Subrecipient's general
liability policy with respect to activities under the Agreement. The policy shall
provide and the certificate shall reflect that the insurance afforded applies
CDBG Subrecipient Agreement
Page 13 of 20
separately to each insured against whom claim is made or suit is brought except
with respect to the limits of the company's liability.
• Self - insurance through the Washington State Risk Pool for
Washington State Government Agencies is sufficient to meet the
insurance requirements above.
b. 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.
c. The Subrecipient shall not commence work, nor shall the Subrecipient allow any
subcontractor to commence work on any subcontract until a Certificate of
Insurance, meeting the requirements set forth herein, has been approved by
Spokane County Risk Management Department and fled with the department
with whom the Agreement is executed. Upon request, the Subrecipient shall
forward to the Spokane County Risk Management Department the original policy,
or endorsement obtained, to the Contractor's policy currently in force.
d. 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
breech 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.
e. Providing coverage in the amounts listed shall not be construed to relieve the
Subrecipient from liability in excess of such amounts.
f. REQUIRED COVERAGE: The insurance shall provide the minimum coverage
as set forth below.
g. General Liability Insurance: The Subrecipient shall carry, for the duration of this
Agreement, General Liability Insurance in the amounts of One Million Dollars
($1,000,000.00) Per Occurrence with no deductible; General Aggregate Two
Million Dollars ($2,000,000.00). The policy shall include general liability arising
out of premises, operations, independent contractors, products, completed
operation, personal injury, fire damage, advertising injury, medical expense, and
liability assumed under and insured contract.
h. 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 ".
i. Proof of Automobile Insurance: The Subrecipient shall carry, for the duration of
this Agreement, comprehensive automobile liability coverage of Three Hundred
CDBG Subrecipient Agreement
Page 14 of 20
Thousand Dollars / Five Hundred Thousand Dollars ($300,000.00/$5003000.00),
and property damage coverage of Fifty Thousand Dollars ($50,000.00), for any
vehicle used in conjunction with the provision of services under the terms of this
Agreement. Said policy shall provide that it shall not be cancelled, materially
changed, or renewed without forty-five (45) days written notice thereto to
Spokane County.
j. Workers Compensation: When the Subrecipient has employees of the company,
the Subrecipient shall show proof of Worker's Compensation coverage by
providing its State Industrial Account Identification number. Provision of this
number will be the Subrecipient's assurance that coverage is in effect.
k. 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.
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.
L. Code of Conduct and Conflict of Interest:
The Parties hereto shall maintain a Code of Conduct which governs the performance 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 -year period thereafter.
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.
In the performance of the Agreement, Subrecipient agrees to comply with all applicable laws and
regulations that may pertain to conflicts of interest. These include any applicable provisions of
RCW Title 42. Any violation of this section shall constitute a material breach of this Agreement,
allowing the County to terminate the Agreement pursuant to the terms hereof.
CDBG Subrecipient Agreement
Page 15 of 20
M. Political Activitv and Lobbvina:
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.
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:
A. Applicable Federal Statutes and Regulations,
B. Applicable State Statutes and Regulations;
C. HUD Contract No.: B- 12- UC- 530004;
D. Express terms of this Agreement and any amendments.
O. Drug -Free Workplace Act of 1988:
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.
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.
CDBG Subrecipient Agreement
Page 16 of 20
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 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).
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 Veterans Readjustment Assistance Act of 1974,
dealing with employment of Veterans, 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 Part 135), dealing with
employment of County low income residents as employees and use of County
businesses as contractors, subcontractors, and 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 12086, and regulation issued pursuant thereto (41 CFR Chapter 60).
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.
Labor Standards
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.
CDBG Subrecipient Agreement
Page 17 of 20
Real Property Acquisition, Displacement and Relocation Assistance
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).
2. Spokane County's Displacement and Relocation Policy relating to persons
affected by Community Development Block Grant activities.
Environmental Protection
1. Executive Order 11988 relating to evaluation of flood hazards and Executive
Order 11288 relating to the prevention, control and abatement of water pollution.
2. Flood insurance purchase requirements of Section 102 and 202(a) of the Flood
Disaster Protection Act of 1973 (P.L. 93 -234).
3. Lead Based Paint Poisoning Act (42.U.S.C. 4801 et seq.) and regulations issued
pursuant thereto (24 CFR Part 35 Subpart B).
Purchase and Improvement of Property Acquired and/or Improved with CDBG Funds.
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) is subject to the regulation at 24 CFR Part 570.503 (b) (8) Reversion of
Assets, which requires property acquired or improved with CDBG funds to be
used for a purpose which meets a national objective for a period of five (5) years
from the expiration of this agreement. Disposition of any property acquired or
improved with CDBG funds during the five (5) year period requires repayment of
the CDBG funds to Spokane County. Such property disposition will be reported to
the County within thirty (30) days of the intent to dispose of said property.
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.
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.
Additional Conditions for Municipal Subrecipients
1. In accordance with section 906 Cranston- Gonzales National Affordable Housing
Act, the Town Of Fairfield certifies that it has adopted and is enforcing a policy
prohibiting the use of excessive force by law enforcement agencies within the
Town's jurisdiction against any individuals engaged in nonviolent civil rights
demonstrations.
2. The Town of Fairfield certifies that it has adopted and is enforcing a policy
enforcing applicable State and Local laws against physically barring entrance to or
CDBG Subrecipient Agreement
Page 18 of 20
exit from a facility or location which is the subject of nonviolent civil rights
demonstrations within the Town's 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 CDBG funds.
S. Exhibits:
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.
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 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.
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
plural and the plural to the singular, and pronouns of certain genders shall be deemed
to include either or both of the other genders.
CDBG Subrecipient Agreement
Page 19 of 20
ADOPTED by the Board " of County Commissioners of Spokane County, Washington
this , ;X2 14ay of Try LLS� , 2012.
�ov cos
s �1
O�gq�E 0��
�. SEAL ,
ATTEST:
• __ / •
D. Erickson
Clerk of the Board
SUBRECIPIENT:
TITLE:
DATE: -7lt4e �l Z
TAX ID No.: REDACTED
,Z ,
Todd Mielke, Chair
Mark Richard, Vice -Chair
Al French, 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
Page 20 of 20
Lm
12 -14
COMMUNITY DEVELOPMENT BLOCK GRANT;
SUBRECIPIENT AGREEMENT
EXHIBIT A
Grant Appfication
Exhibit A
Page 1 of 1
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spokwe may
COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM
312 W. 8'H AVENUE
SPOKANE, WA 99204
(509) 477 -5722, TDD: (509) 477 -5722
PAX # (509) 477 -2561
A. PROJECT SUMMARY:
"'40 S CJ
Community Services, Housing, and Community
Development Department Office Use Only
Project Name
Project Number:
GRANT APPLICATION
2012 -2013 PROGRAM YEAR
general Aenl#catinn Form For All Activities
Applicant: City of Spokatie Vall®
Contacts: Steve Worley Phone: 509- 720 -5014
Scott Kuhta Phone: 509- 720 -5334
E -mail: sworley Cspokanevalley.org Fax: 509- 688 -0261
Mailing Address,-11707 E. Sprague, Suite 106. Spokane Valley. WA 99206
Street Address: 11707E. Sprague, Suite 106, Spokane Valley WA 99206
2. Priority Need Addressed: <<Street Improvement, Project Application Priority #1 of 2>>
3. Target Population: <<Area Wide Benefit>>
4. Project Location: <<Sprague Ave Resurfacing Project, Sprague Ave. (Havana Rd to Fancher Rd).>>
S. Proposed Activity: <<Street Resurfacing. Area -wide benefit for the beneficiaries below>>
6. Estimated Unduplicated BeneSclarles:
n/a n/a n/a or ® Area -Wide Benefit
0 -30% MFI 31 -50% MFI 51 -80% MFI LMI % 76.5
7. Proposed Time Frame for Completion of Project: July - November 2012
S. Amount of CDBG Funds Requested ;,$3S•'Otf' /1ST
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
costuescribed in the approved project budget and any other types (sources and amounts) of funds presented in the budget will be
d used for th r t.
Depot rCt(y Mugger
S ign kure of Xu thorize d Official Title
Roger Crum ! &21 �
Name (please print or type) Date
Type of Applicant Municipality Organization's Federal ID ##: REDACTED
(Not for proft for-profit, municipality, Special Purpose Mirk& etc.) Organization's DUNS #: 168240617
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.
P,.\Publie WorkslCapital ProjectsTroject Funding Applicati.on0011 ApplicationsTY 2012 CDBG AppslSpragtte-Havana to
Fancher12012 CDBG General Application- Sprague.doc
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COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM
312 W. 8T" AVENUE
SPOKANE, WA 99204
(509) 477 -5722, TDD: (509) 477 -5722
FAX # (509) 477 -2561
B. PROPOSED PROJECT INFORMATION:
Need Category(s) to be addressed: (see page 15 - 17 of Proposal Instructions and Selection Criteria):
<<Public Facility - Removal of Architectural Barriers>>
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.>>
Basic Support — Encourage the focus of public service resources on essential basic needs.
<<Removal of Architectural Barriers is classified as a "High" priority on HUD Table 2B of the County Consolidated
Plan. Removing barriers to accessible routes is a basic infrastructure feature that is necessary to the vitality of
neighborhoods.>>
Citizen Participation - Provide opportunities for all public to participate in plan development, implementation and
evaluation.
<<Public hearings have been held in conjunction with the preparation of the application to gather input on
community needs and priorities. Additional opportunities for public comment will be held during the design phase of
the project.»
Collaboration - Encourage public, private, and non - profit sectors collaboration and reduce program duplication.
<< The City plans to coordinate with ongoing efforts by the Community Development Department to identify ADA
barriers throughout the City and gather input from the public on ADA barriers.>>
Emphasize the Potential - Build upon available community assets, resources, plans and market forces.
<< By coordinating the improvements with other City departments that have on -going efforts to inventory ADA
issues, the City can quickly identify the most critical needs and . The coordination with prevent overlap with other
proposed projects in the City's Transportation Improvement Plan (TIP), and will result in the CDBG funds being
targeted to neighborhoods with the greatest benefit to LMI residents»
Leverage - Leverage limited resources by promoting partnership between organizations.
The proposed project leverages resources by stretching City Street funds farther to rehabilitate and maintain it
street and sidewalk systems. CDBG funds can be targeted to address ADA barriers that are not located within the
project limits of previously identified projects in the City's TIP,
Due to revenue and funding limitations, the City has been unable to fully fund its Pavement Preservation Program.
The CDBG funds would help the City keep up with its highest priority street rehabilitation projects. >>
Measurable Results - Produce and evaluate measurable outcomes and results.
<<The proposed project will provide remove and replace non -ADA compliant curb ramps within the LMI census
tracts surrounding Sprague Avenue from Havana to Fancher in the City as funding allows»
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COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM
312 W. 8M AVENUE
SPOKANE, WA 99204
(509) 477 -5722, TDD: (509) 477 -5722
FAX # (509) 477 -2561
Comprehensive - Engage comprehensive strategies to address the holistic needs of a neighborhood, household or
individual.
<<In addressing the needs of LMI residents, it is important to look at all infrastructure in a neighborhood to
ensure that basic needs are being met. ADA accessible routes are a vital need in a community and by
maintaining and improving the basic infrastructure, it can encourage residents to take more pride in their
community which can help revitalize all aspects of an LMI neighborhood. >>
1, CDBG Program Goal & Obiectiveis) Addressed: (see pages 14 -15 of Proposal Instructions and Selection
Criteria)
<<This area revitalization project improves infrastructure and the physical environment for the residents of the
Target Area by addressing pedestrian safety, access to services and other needs.
Goal: Revitalize areas by developing and/or improving infrastructure, neighborhoods or public facilities.
Objective ARl: Improve the infrastructure and /or physical environment.
Upgrading curb ramps to meet current ADA standards will result in improved and safer pedestrian routes, while
improving the overall appearance of the area.
The City has adopted and incorporated this Objective by selecting a project ranked as a IIigh Priority by the
consolidated Plan; in census tracts that are predominantly low or moderate income.
4. Effect on Identified Priority Need(s):
«The proposed project will extend the useful life, long term reliability and durability of the sidewalk system by
approximately 15 -20 years before major rehabilitation or repairs will again be necessary»
5. Impact On Populations Served:
<<Residents in the entire Spokane region benefit from an accessible pedestrian network.
Accessible pedestrian routes will allow wheel chair and other mobility impaired residents to more easily travel to
their destinations, encourage more use of sidewalks and improve access to public transit. Due to the existing
barriers, wheelchair bound residents in particular must travel along the edge of the roadway which increases
potential vehicle- pedestrian conflicts.
The investment in neighborhood infrastructure would likely enhance the property values in this target area and
provide an upgraded appearance to the area. Another probable spin -off benefit of the improved sidewalk would be
a boost in the pride of the neighborhood possibly resulting in homeowners upgrading their individual properties.>>
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COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM
312 W. 8r11 AVENUE
SPOKANE, WA 99204
(509) 477 -5722, TDD: (509) 477 -5722
FAX #(509) 477 -2561
PROPOSED ACTIVITIES DESCRIPTION: Continued
6. Project Description:
«The proposed project will remove and replace and/or upgrade non -ADA compliant curb ramps along Sprague
Avenue from l lavana Rd to Fancher Road to meet current ADA standards. >>
7. Project Management:
«The project will be planned and designed by the City of Spokane Valley Public Works Department. The City's
staff is experienced with administering CDBG funded projects from design through constnlc #ion phases.>>
8. Project Outcomes:
«Dion -ADA curb ramps will be upgraded to ADA- compliant curb ramps. The improvements remove accessibility
barriers along Sprague Ave. and provide safe accessible routes for pedestrians.>>
9. Project Alternatives:
<<Without full funding, the City may not be able to construct the ADA improvements in a timely manner. The City
would likely reduce the scope of the project to fit within available funds and address only the most hazardous ADA
barriers unless other funding sources are secured. While this addresses immediate needs, it does not provide the
long term benefits to the sidewalk users and adjacent LMI neighborhoods. >>
10. Conformance With Long Range Plans (i.e.... Water Plan. Comprehensive Plan, Homeless Plan, etc):
<<This project conforms with the City of Spokane Valley's adopted Transportation Improvement Program, The
Capital Facilites Program is consistent with the Comprehensive Plan and it's concurrency requirements and
conforms with the State's Growth Management Act..>>
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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.
Lrndruotieated
Pryor to July 1, 2012:
July, 2012:
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No, of Beneficiaries:
August, 2012:
No. of Beneficiaries:
September, 2012:
_. ........... .
No. of Beneficiaries:
October, 2012: . Project Design
No. of Beneficiaries:
November, 2012: Project Design
No. of Beneficiaries:
December, 2012: Project Design
No. of Beneficiaries:
January, 2013: Project Bid
No. of Beneficiaries:
February, 2013: Project Award
No. of Beneficiaries:
March_. 2013: Construction contract execution
No. of Beneficiaries:
April, 2013: Project Construction
No. of Beneficiaries:
May, 2013: Proicct Construction
No. of Beneficiaries:
June, 2013: Project Closeout
No. of Beneficiaries: 1,342
C:\llocuments and Settings\pstretch\Loca€ Servings \Temporary Internet rites, ('ontcnt.Outlook'.BY54TBFG\2012 CDBG General Application- Sprague
June2012.doc S
(0�) Ci
COMMUNC'IT"!' DEVELOPMENT Community Services, Housing, & Community
BLOCK GRANT PROGRAM Development Department Office Use Only
Project Name:
312 W. 8T}' AVENUE Project Number:
SPOKANE, WA 99204
(509) 477 -5722, TDD: (509) 477 -5722
FAX #t (509) 477 -2561 GRANT APPLICATION
__ .......... ....... General Atyniication FormEtrr Ail Ac #ivifies ...... _._ .........
..
D. 1. Project Budget - List all project costs and the amount of each different funding source allocated to costs. Project budget musi 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. Ant ra min4pnal_,bugei may additionally be requested. (N0 "1'E:
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COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM
312 W. 8T" 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)
<<Staff Time = 5% FTE for costs associated with project management. Benefits are equal to 28% of salary>>
• Operating Costs:
<< N /A»
• Professional Services:
<<The City will complete the design and construction management of the project with in -house staff and resources.
• 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, and professional design and construction manages
reimbursement with administrative Personnel costs to be covered by the
CADocuments and SettingskpstretchlLocal SettingsUemporary lntcmct FileslContent.0ut1ook\BY54T1
June2012.doc 7
f� -Tf ceav
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 I 't 1 c A
Funding
Source
Loan or
Grant
Funding
Amount
Funding
Status
Hate
Available
Funding
Rmtrietiuns
Spokane Valley
City Funds
$13,8'6
Committed
Jan. 2012
None
CDBG
Grant
5115,410
Uncommitted
July 2012
$
i
$
$
a. Discuss the effect on the project if other "uncommitted" funds are not received: There are no other
uncommitted funds
b. Comments: 4< N/A »
c. Previous Spokane County Community Services, Housing, & Community Development Related
Fundina Received:
If your agency received any of the above mentioned funding, describe below how and where your organization used these
funds: «The City has used CDBG funds for street improvements in Low to Moderate Income neighborhoods for each of the
past 3 years >?
C:\Docurnents and Setlings \pstretch\Local SeningsUernporary Internet Files tConte1lt.Outlook \BY54TBFG12012 CDBG General Application- Sprague
Junc2012.doc 8
CDBG
EIOI4IE 2060 (Affordable Housing
[ Trust Fund)
€
2163 {Homeless Housing
Assistance Act) or HHAA
Pro am
2010
$330,733
2009
$309,125
--
2008
$244,022
-
If your agency received any of the above mentioned funding, describe below how and where your organization used these
funds: «The City has used CDBG funds for street improvements in Low to Moderate Income neighborhoods for each of the
past 3 years >?
C:\Docurnents and Setlings \pstretch\Local SeningsUernporary Internet Files tConte1lt.Outlook \BY54TBFG12012 CDBG General Application- Sprague
Junc2012.doc 8
CP CWJ
41FOts.19.f ci;'mmv
COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM
312 W. 8TH AVENUE
SPOKANE, WA 99204
(509) 477 -5722, TT)D: (509) 477 -5722
FAX # (509) 477 -2561
.E. PROJECT LOCATION AND DISLOCATION OF HOUSEHOLDS OR BUSINESSES
1. Project Location (where will the activity happen): << The project will be located along Sprague
Avenue from llavana Rd. to rancher Rd, within an W1 area. >>
® Attach a map of the service area.
2. Displacement location: Is there any displacement associated with the activity? Ayes/ ®no
If yes, you must provide a relocation plan including a budget for relocation costs.
<< N/A >>
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.)
N /A >>
CADocuments and SettingslpstretchlLocal Senin&M'emporary Intemet FilesNC t)ntentnutlook,BY54TBFG-101* CDBG General Application- Sprague
lune2012.doc 9
COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM
312 W. 8T" AVENUE
SPOKANE, WA 99204
(509) 477-5722, TDD: (509) 477-5722
FAX 4 (509) 477 ='561
Construction, Public Facility & Infrastructure Activity Supplemental Application Form
2012-2013 PROGRAM YEAR
Construction Schedule of Values
Item
Number
Description
Est.
Quantity
Unit Price
Total Price
1.
ADA Rwnp improvements
LS
100,356
2.
LS
3.
LS
4.
5.
6,
7.
8.
9.
.......................
10.
. .
12.
13.
14,
15.
16.
17.
18.
19.
20
Subtotal S115,410
Sales Tax $n1a
Total Amount $115,410
C:NDocuments and Settings\pstretch'11ocal SettinWTemporary Internet Files,.Conteiit.Outlook\BY54TBFG12012
Construction Infrastructure Supplemental App-Sprague-June2012.doc
COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM
312 W. 8T' AVENUE
SPOKANE, WA 99204
(509)477 -5722, TDD: (509) 477-5722
FAX 9 ( 509) 477 -2561
Construction, Public Facility & Infrastructure Activitv Supplemental Application Form
2012 -2013 PROGRAM YEAR
17.
_ .................
18.
19
20.
C:1Documents and Settingslpstretch\Local Settings,;Temporary Internet F
Construction Infrastructure Supplemental App - Sprague- June2012.doc
Subtotal $25,089
Sales Tax $nla 1 1
COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM
312 W RTH AVENUE
SPOKANE, WA 99204
(509) 477 -5722, TDD: (509) 477 -5722
FAX # (509) 477 -2561
Construction, Public Facility & Infrastructure Activity Supplemental Application Form
2012 -2013 PROGRAM YEAR
b. Is the project site selected? Yes If no, list approximate, potential location(s) under consideration
(Iist) << N /A»
noes 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 properly 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 material testing
services services. Pete Fisch with the City of Spokane Valley, will be responsible for overseeing
construction management, site supervision, compliance activity requirements, and representing the
owner's interests»
f. Identify and discuss any special permits, governmental review or other processes needed to
start/conducticomplete this project? Where are you in each process? (include shoreline
management plans, NEPA or S.EPA reports, water rights, right of way needs, etc.) <<The City
shall closely monitor the progress of the project to ensure compliance with applicable CDBG
administrative requirements. The project is categorically exempt from SEPA/NEPA
requirements.>>
g. Identify in which manner the activity will benefit Low /Mod income persons:
® Area Wide Benefit - Census Tract/Block 0123€0 (Block 2) and 012200 (Block 1) or
Municipal Boundary
Total Population of Area 1,342 / Percentage of LMI persons 76.5%
❑ 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 / ❑ sewer rates $NIA
Proposed monthly rates (w / CDBG funds) $N /A
Proposed monthly rates (w /o CDBG funds) $N /A
C: \Documents and SettingslpstretchlLocal SettingsLTeniporary lnternet FileslContent .Outlook\BY54TBFG\2012
Construction Infrastructure Supplemental App - Sprague- 3une2012.doc
COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM
312 W. 8"° AVENUE
SPOKANE, WA 99204
(509) 477 -5722, TDD: (509) 477 -5722
FAX 9 (509) 477 -2561
Construction, Public Facility & Infrastructure Activity Supplemental Application Form
2012 -2013 PROGRAM YEAR
i, is this proposed project a stand alone project as described in this application? ® Yes ./ [] No
• If no, describe the details of the entire project, how long the entire project will take to
complete, and is it understood that it may trigger Davis -Bacon and Related Acts Labor
Compliance issues for entire project: <<N /A»
C:,Documents and Settingslpstretchll.,ocal Settings%Temporany Internet Files `.Content.Outlook1BY54TBFG12012
Construction Infrastructure Supplemental App - Sprague- 3une2012.doc
4WIm-ne cfwry
COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM
312 W. $T" AVENUE
SPOKANE, WA 99204
(509) 477-5722, TDD: (509) 477-5722
FAX # (509) 477-2561
Construction, Public Facility & Infrastructure Activity Supplemental Application Form
2012-2013 PROGRAM YEAR
Construction Schedule of Values
Item
Number
Description
i
Est.
uantimy
Unit Price Total Price
I.
ADA Ramp improvements
LS
100,356
Z.
LS
3,
S
L
4.
............
5.
6.
7.
8.
9.
.............
12,
...........
13.
14.
15.
16.
17.
18.
19.
. . ..............
20.
Subtotal $115,410
Sales Tax $n/a
`I"otal Amount $115,410
C:\Documents and Setting5\pstretclf\1.oca1 SettingsNTemporary Inte
Construction Infrastructure Supplemental App-Sprague-June2012.
spfftmlf C-1=41 0
COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM
312 W. 8' AVENUE
SPOKANE, WA 99204
(509) 477-5722, TDD: (509) 477-5722
FAX # (509) 477-2561
Construction, Public Facility & Infrastructure Activity Supplemental Application Form
2012-2013 PROGRAM YEAR
Schedule of Values for Non-Construction Costs
Item
Number
Description
Est.
Quantity
Unit Price
Total Price
1,
Dqsi n)ET�gi
g.,
LS
LS
15,053
10,036
2.
Construction Management
3,
.
...........
4.
.......... .
5,
6.
7.
. .........
8.
9.
. ... ........
10.
13.
14.
..................
16.
17.
19,
20.
. . ............
Subtotal $25,089
Sales Tax Sn/a
Total Amount $25,089
. ............
C:'Oocuments and Settings'kpstretch\Local SetiingsNTemporary Internet Files\Content,Outlook1BY541'BFCii2012
Construction Infrastructure Supplemental App-Sprague-Junc2012.doc;
AOft
�7:,/Aokme
COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM
312 W. ST' AVENUE
SPOKANE, WA 99204
(509) 4,7 -5722, TDD; (509) 477 -5722
FAX # (509) 477 -2561
Construction, Public FaciliO c& Infrastructure Activity Supplemental Application Form.
2012 -2013 PROGRAM YEAR
h. Is the project site selected? Yes If no, list approximate, potential location(s) under consideration
(list) << N /A»
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»
Describe your project management plan. Include discussion of who (what entity or staff person)
will complete 1) inspections 2) construction site supervision 3) procurement of professional
services, contractors, materials, suppliers, etc., 4) complete compliance activity requirements, and
5) represent the owner's interests. <<The City of Spokane Valley, with in -house staff, will be
responsible for inspections, construction site supervision and the procurement of material testing
services services. Pete Fisch with the City of Spokane Valley, will be responsible for overseeing
construction management, site supervision, compliance activity requirements, and representing the
owner's interests.>>
Identify and discuss any special permits, governmental review or other processes needed to
start/conduct/complete this proicct? Where are you in each process? (include shoreline
management plans, N ;PA or SEPA reports, water rights, right of way needs, etc.) <<The City
shall closely monitor the progress of the project to ensure compliance with applicable CDBG
administrative requirements. The project is categorically exempt from SEPA/NEPA
requirements»
g. Identify .in which manner the activity will benefit Low /Mod income persons:
® Area Wide Bengt - Census Tract/Block 012300 (Block 2) and 012200 (Block 1) or
Municipal Boundary
Total Population of Area 1,342 /Percentage of LMI persons 76.5%
❑ Limited Clientele
Describe 'how this construction activity will meet the limited clientele subcategory
❑ Other Describe
h. If proposing water or sewer system improvernents, please complete the following:
Current monthly ❑water / ❑ sewer rates $NlA
Proposed monthly rates (w / CDBG funds) MA
Proposed monthly rates (w/o CDBG funds) $N /A
C:1Documents and SettingstpstretchlLocal Settings\Temporary Internet FileslContent .Outlook- 'NBY54TBFG12012
Construction Infrastructure Supplemental App - Sprague- June2012.doc
�'1' 0kam
COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM
312 W. 8' AVENUE
SPOKANE, WA 99204
(509) 477 -5722, TDD: (509) 477 -5722
FAX # (509) 477 -2561.
Conkruction, Public .Facility & Infrastructure Activity Supplemental Application Form
2012 -2013 PROGRAM YEAR
i. Is this proposed project a stand alone project as described in this application? ® Yes / ❑ No
o If no, describe the details of the entire project, how long the entire project will take to
complete, and is it understood. that it may trigger Davis -Bacon and. Related Acts Labor
Compliance issues for entire project: <<N /A»
(:\Documents am
Construction 1nfr
C
EXHIBIT C
Community Development Block Grant Program
Quarterly Progress Report
Construction Projects
(Housing, Public Facilities or Infrastructure)
Report period: to
Subreci.pient:
Project:
Person completing report:
Job Title:
Contact telephone number:
I. Describc current status of project (for example: planning, . procurement, pre -
development, construction, activity underway, service marketing, etc.) and current focus of
activity:
Describe significant actions taken during report period:
Describe and provide reasons for changes in original project goals/milestones:
4. Is the project on time per the timeline contained in the Subrecipient Agreement ?
❑ yes / ❑ no . If the response is no, provide a brief discussion of why the project is
not on schedule.
5. During this project period were CDBG funds expended ?E] yes / ❑ no
LIn
Exhibit D
Report date:
Subrecipient:
Project name:
Person completing report:
Job title:
Contact telephone number:
Spokane County Community Development
Block Grant Program
End of Project Year Report
Describe project outcomes in quantifiable terms:.
Discuss how the activity impacted the need(s) cited in your application. Was the need
eliminated, improved, or exacerbated ? What indictors would best describe this result?
What, if any, external factors contributed to this?
Discuss your organizations efforts to leverage other resources to address this need(s).
Were other funds secured and expended as proposed for this activity? What efforts are
being made to secure other funds to address this /these need(,,) in the future?
Discuss your organizations planning efforts. flow will your organization meet this and
other needs over the next 3 -5 years? What resources are required, how will they be
secured, how will these needs be eliminated or reduced?
Did your project accomplishments change substantially from the activity originally
proposed in the grant application:
{❑ Yes ❑ No
Please describe the nature of and reasons for any changes in the project accomplishments.
Discuss how you would change the project as a result of these experiences:
Did beneficiary numbers change from number of beneficiaries proposed in original
CDBG application: ❑ Yes ❑ No
If benefit level changed substantially from the level proposed in your application, please
discuss the reasons for this change. What are the barriers to providing proposed service
levels? Is a further assessment of need necessary?
L
SELF EVALUATION:
F]
Assess your organizations efforts in carrying out this project. Discuss the nature of and
reasons for your accomplishments and /or shortcomings in conducting the activity.
Assess your projects conformance with the County's Consolidated Housing and
Community Development Plan and Annual Action Plans.
Project Beneficiaries
If this is an Area Wide Benefit, then check here ❑ and do not continue filling out this box.
Total: Individuals (Actual /Proposed)
Total: Participating City/ Unincorporated area residents (Actual !Proposed)
.Beneficiary Incomes
Number of individuals at:
0 to 30% 31 to 50% 51 to 80% 81 to 100% > 100%
Total Project Funds Expended During Report Period
Total CDBG Funds Expended During Report Period
Other Proiect Funds Expended During Report Period:
Source Amount
$
$
TOTAL
Date
Signature of Authorized Official Typed Name
c.� v
Project Name; City of Spokane Valley - ADA Sidewalk Improvements Exhibit B►
Project No. 12 -14
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. 1 furthermore affirm that neither the agency's response, the services
provided by the agency, the physical plant inlon, 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 604 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. 1 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 Representati
Printed Name of Represe
,1
ve �-
ntative Date: °"'
EXHIBIT C
Community Development Block Grant Program
Quarterly Progress Report
Construction Projects
(Housing, Public Facilities or Infrastructure)
Report period: to
Subrecipient:
Project:
Person completing report:
Job Title:
Contact telephone number:
1. Describe current status of project (for example: planning, procurement, pre -
development, construction, activity underway, service marketing, etc.) and current focus. of
activity:
Describe significant actions taken during report period:
Describe and provide reasons for changes in original project goals /milestones:
4. Is the project on time per the timeline contained in the Subrecipient Agreement ?
❑ yes / ❑ no . If the response is no, provide a brief discussion of why the project is
not on schedule.
During this project period were CDBG funds expended ? ❑ yes / ❑ no
Exhibit D
Spokane County Community Development
Block Grant Program
End of Project Year Report
Report date:
Subrecipient:
Project name:
Person completing report:
Job title:
Contact telephone number:
Describe project outcomes in quantifiable terms:_
Discuss how the activity impacted the need(s) cited in your application. Was the need
eliminated, improved, or exacerbated ? What indictors would best describe this result?
What, if any, external factors contributed to this?
Discuss your organizations efforts to leverage other resources to address this need(s).
Were other funds secured and expended as proposed for this activity? What efforts are
being made to secure other funds to address this /these need(s) in the future?
Discuss your organizations planning efforts. How will your organization meet this and
other needs over the next 3 -5 years? What resources are required, how will they be
secured, how will these needs be eliminated or reduced?
Did your project accomplishments change substantially from the activity originally
proposed in the grant application:
❑ Yes ❑ No
Please describe the nature of and reasons for any changes in the project accomplishments.
Discuss how you would change the project as a result of these experiences:
Did beneficiary numbers change from number of beneficiaries proposed in original
CDBG application: ❑ Yes ❑ No
If benefit level changed substantially from the level proposed in your application, please
discuss the reasons for this change. What are the barriers to providing proposed service
levels? Is a further assessment of need necessary?
SELF EVALUATION:
Assess your organizations efforts in carrying out this project. Discuss the nature of and
reasons for your accomplishments and /or shortcomings in conducting the activity.
Assess your projects conformance with the County's Consolidated Housing and
Community Development Plan and Annual Action Plans.
Project Beneficiaries
If this is an Area Wide Benefit, then check here ❑ and do not continue filling out this box.
Total: Individuals (Actual /Proposed)
Total: Participating City / Unincorporated area residents (Actual /Proposed)
Beneficiary Incomes
Number of individuals at:
0 to 30% 31 to 50% 51 to 80% 81 to 100% > 100%
Total Project Funds Expended During Report Period $
Total CDBG Funds Expended During Report Period $
Other Proiect Funds Expended During Report Period:
Source Amount
TOTAL
Signature of Authorized Offii
Project Name: Project Name: City of Spokane Valley - Exhibit F
ADA Sidewalk Improvements
Project No. 12 -14
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, wArw.ecr. 7ov. 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.
Project Name: Project Name;
ADA Sidewalk Improvements
Project No. 12 -14
City of Spokane Valley -
Exhibit F
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:
1. GRANTEE (the subawardee) in the preceding fiscal year, received 80 percent or
more of its annual gross revenues from federal awards and $25,000,000 or more
in annual gross revenues from federal awards; AND
2. The public does not have access to this information about the compensation of the
senior executives of your organization through periodic reports filed under section
13(a) or 15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. 78m(a),
78o(d) or section 6104 of the Internal Revenue Code of 1986.
"Total compensation" for purposes of this requirement generally means the cash and non -cash
value earned by the executive during the past fiscal year and includes salary and bonus; awards
of stock, stock options and stock appreciation rights; and other compensation such a severance
and termination payments, and value of life insurance paid on behalf of the employee, and as
otherwise provided by FFATA and applicable OMB guidance.
If (1) in the preceding fiscal year, GRANTEE received 80 percent or more of its annual gross
revenues from federal awards and $25,000,000 or more in annual gross revenues from federal
awards, and (2) the public does not have access to this information about the compensation of
senior executives of your organization through periodic reports filed under section 13(a) or 15(d)
of the Securities and Exchange Act of 1934 (15 USC 78m(a), 78o(d) or section 6104 of the
Internal Revenue Code of 1986, insert the names and total compensation for the five most highly
compensated officers of your organization in the table below:
Officer 1 Total Compensation Amount
Project Name: Project Name: City of Spokane Valley - Exhibit F+
ADA Sidewalk Improvements
Project No. 12 -14
Officer 5 Total Compensation Amount
If GRANTEE does not meet these criteria, specifically identify below each criteria that is not
met for your organization:
The City of Spokane Valley does not receive over 80% of our funding from federal sources.