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HPRP Grant Agreement Kt+RC Received SEP 3 0 2009 HPRP GRANT AGREEMEN~ Housing Resoun:es' . ~ . ,B'ousinS WitllSupportiW~ THIS HPRP GRANT AGREEMENT ("Agreement") is made by and between The City of Salina Kansas ("Grantee"), 300 W. Ash St., #105B Salina, Kansas 67402 and the Kansas Housing Resources Corporation, 611 South Kansas Avenue, Suite 300, Topeka, Kansas 66603 ("KHRC") this 21st day of September, 2009. WHEREAS, Title XII of the American Recovery and Reinvestment Act ("ARRA" or "Act") created the Homelessness Prevention and Rapid Re-Housing Program ("HPRP" or "Program") to be administered by the U.S. Department of Housing and Urban Development ("HUD"). WHEREAS, HUD issued a Notice of Allocations, Application Procedures, and Requirements for Homelessness Prevention and Rapid Re-Housing Program Grantees under the American Recovery and Reinvestment Act of 2009, Docket No. FR-5307-N-Ol,effective March 19,2009, as amended ("Program Rules"), the terms of which are incorporated by reference herein. WHEREAS, the purpose of HPRP is to provide financial assistance and services to either prevent individuals and families from becoming homeless or help those who are experiencing homelessness to be quickly re-housed and stabilized. WHEREAS, the Program utilizes the Emergency Shelter Grant ("ESG") allocation network and KHRC administers ESG on behalf ofthe State of Kansas; WHEREAS, KHRC received approximately $8.36 million in HPRP funds and desires to provide HPRP Program funds ("Program Funds") to eligible grantees to serve the balance of State; WHEREAS, Grantee requested Program Funds for eligible HPRP activities by an application dated August 17th, 2009, which is hereby incorporated by reference herein ("Application"), and which the commitments and representations contained therein expressly remain a continuing obligation and responsibility of Grantee; NOW THEREFORE, the parties do mutually agree as follows: -..'.(<.0::"_, 1. Pro2:ram Funds. KHRC hereby grants Grantee up to One Hundred Sixty Three Thousand Dollars and No Cents ($163,000) in Program Funds to be used in accordance with the terms of the Act, the Program Rules and other regulations or guidance promulgated thereto, this Agreement and the approved Application. 2. Use of Pro2:ram Funds. Grantee shall use the Program Funds solely on eligible Program activities that were approved by KHRC in the Application and consistent with the requirements of the Act and the Program Rules. 3. Disbursement of Pro2:ram Funds. As the Grantee incurs eligible approved costs under the Program, Grantee may make a monthly payment request from KHRC, providing documentation of such costs. Requests for payment shall be accompanied by supporting documentation and made to the attention of James Chiselom, HPRP Program Manager, who may be reached as follows: Page 1 of5 James Chiselom, HPRP Program Manager Kansas Housing Resources Corporation 611 S. Kansas Ave., Suite 300 Topeka, KS 66603-3803 Phone: 785-296-296-7236 E-mail: jchiselom@kshousingcorp.org KHRC reserves the right to request additional documentation prior to disbursement of Program Funds. 4. Compliance with Rel!ulations. Grantee shall ensure compliance with the Act and all Program Rules, including, but not limited to the following: a. HMIS. Grantee shall utilize the Homeless Management Information System (HMIS) or have a system comparable to HMIS that is verified by and acceptable to KHRC. All data shall be reported in a timely manner in accordance with the HMIS Revised Data Standards Revised Notice dated June 16, 2009 and available at http://www.hudhre.info/documents/HMISDataStandardsFinal. pdf. b. Income Elh!:ibilitv. Grantee shall ensure that Grant Funds are only provided to individuals or households that are at or below 50% of the County Median Income (CMI) located at http://www.huduser.org/Datasets/IL/IL09/ks.pdf. c. Certifications. Grantee certifies that it has and will comply with the terms of the General Certifications for State ot Local Government for the Homelessness Prevention and Rapid Re-Housing Program which is attached hereto as Exhibit A and is incorporated by reference herein. Further, Grantee shall also abide by any new or additional requirements of the Program as directed by HUD or KHRC. Prior to making any modifications to the Grantee's eligible activities as approved by KHRC from Grantee's application, Grantee commits to obtain written approval from KHRC. 5. Reportinl!. Grantee shall submit Quarterly Performance Reports to KHRC which are due five (5) days after the end of each quarter. For purposes of this section, quarters end on March 31, June 30, September 30, and December 31 of each year. Grantee shall also submit Annual Performance Reports to KHRC are due forty-five (45) days after the end of each federal fiscal year (September 30). Grantee shall also submit any other reports that HUD or KHRC deem necessary. 6. Terms of Grant: Deadline for Use of Grant Funds. To ensure that all HPRP Grant Funds are timely expended in accordance with the requirements of the Act and Notice, the term of this grant shall be for eighteen (18) months from the date this Agreement is executed. Notwithstanding the preceding sentence, beginning six months from the date Page 2 of5 of this Agreement, KHRC will periodically evaluate the Grantee's progress in committing and expending ~e Grant Funds. At KHRC's sole discretion, any time thereafter, KHRC may reallocate all or a portion of the Grant Funds awarded to Grantees not meeting their goals as stated in their ApPlication. 7. Compliance Monitorine:. By accepting the Program Funds, Grantee commits to reasonably cooperate with HUD, KHRC lind the State of Kansas and provide KHRC and/or the State of Kansas, including the Division of Legislative Post Audit, with all requested records, reports, documents, and information, in whatever format, relating to this Agreement and use of Program Funds'. Grantee shall make requested information timely available in a form and manner acceptable to KHRC and/or the State of Kansas, as well as make its facilities and properties av~ilable for inspection on reasonable notice. 8. Noncompliance. Noncompliance with the Program Rules, this Agreement, or other reasonable requirements of HUD or KHRC, shall result in penalties including but not limited to recapture of Program Funds and/or loss of eligibility for future funds. 9. Miscellaneous. The descriptive headings of this Agreement are for convenience only and shall not be deemed to affect the meaning of any provision. This Agreement may be modified only by the mutual written agreement of the parties. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable to any extent, the remainder. of this Agreement shall not be affected and each provision of this Agreement shall be enforced to the fullest extent permitted by law. The failure of KHRC to exercise any of its rights or responsibilities under the Act or this Agreement shall not constitute a waiver of the right to exercise the same or any other option at any subsequent time in respect to the same or any other event. This Agreement constitutes the entire agreement of the parties and supersedes all other prior written or oral contracts between the parties with respect to the subject matter hereof. , [Signature Page Follows) Page 3 of5 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their duly authorized official or officers on the date first indicated. GRANTEE: iI/~~1&r Pri Name:. UCI Larson Title: Mayor, City of Salina, Kansas - KANSAS HOUSING RESOURCES CORPORATION ~ Gary Allsup, Executive Director Page 4 of5 ATTACHMENT A: CERTIFICATIONS Page 5 of5 ,----- GENERAL CERTIFICATIONS FOR STATE OR LOCAL GOVERNMENT FOR THE HOMELESSNESS PREVENTION AND RAPID RE-HOUSING PROGRAM (HPRP) In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the state, territory, or local government certifies that: Affirmatively Further Fair Housing -- The state, territory, or local government will affirmatively further fair housing, which means it will conduct an analysis of impediments to fair housing choice within the jurisdiction or state, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regard. Drug-Free Workplace --' It will or will continue to; provide a drug-free workplace by: 1. Publishing a statement notifying employees ,that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that WIll be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug-free awareness program to inform employees about: (a) The dangers of drug abuse in the workplace; (b) The grantee's policy of maintaining a'drug-free workplace; (c) Any available drug counseling, rehabilitation, and employee assistance programs; and (d) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3. Making it a requirement that each employeei.to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1; 4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will - (a) Abide by the terms ofthe statement; and (b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; 5. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employ~es must provide notice, including position title, to every grant officer or other designee "on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; 6. Taking one of the following actions, within 30 calendar days of receiving notice under su~paragraph 4(b)' with respect to any empl?yee who is so convicted - (a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, state, or local health, law enforcement, or other appropriate agency; 7. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs 1,2,3,4,5 and 6. Anti-Lobbying -- To the best ofthe state, territory, or local government's knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the 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; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal cOl1tract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 3. It will require that the language of paragraphs 1 and 2 of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Authority of Local Government, State, or Territory -- The submission of the consolidated plan is authorized under state law and local law (as applicable) and the jurisdiction or state possesses the legal authority to carry out the programs under the consolidated plan for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with Plan -- The housing activities to be undertaken with HPRP funds are consistent with the strategic plan. Section 3 -- It will comply with section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CFR Part 135. f-3-t'f Date JV\o.YD(. (~;~l;Vlc.l ~vtsa.~ Title ' I APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FREE WORKPLACE REQUIREMENTS: A. Lobbving Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less. than $10,000 and not more than $100,000 for each such failure. B. Drug-Free Workolace Certification 1. By signing and/or submitting this application or grant agreement, the grantee is providing the certification. 2. The certification is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, HUD, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act. 3. Workplaces under grants, for grantees other than individuals, need not be identified on the certification. Ifknown, they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug-free workplace requirements. 4. Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway departptent while in operation, State employees in each local unemployment office, performers in concert halls or radio stations). 5. If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph three). 6. The Grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) 4\\ (1.ofG ;" Sl\ll\A,to..H.SA-So. €D7'iol T:: ~ 8~~ S~. ~~ ~.e~Z i~ ~~.. 2.03 '5. &.~t..~ ... VtLY'illCA.~ \\O\A.~r1~ lAt\"~ +n -be... \t\sf'e.c.t~ ~ ~piJ "e.holLs.~ Check _ if there are workplaces on file that are not id~ntified here. The certification with regard to the drug-free workplace is required by 24 CFR part 24, subpart F. 7. Definitions of terms in the Nonprocurement Suspepsion and Debarment common rule and Drug-Free Workplace common rule apply to this certification: Grantees' attention is called, in particular, to the following definitions from these rules: r-- ---~------=----- "Controlled substance" means a controlied substance in Schedules I through V of the Controlled Substances:Act (21 V.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through 1308.15); "Conviction" means a finding of guilt (ihcluding a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; . "Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; "Employee" means the employee of a grantee directly engaged in the performance of work under a grant, including: (i) All "direct charge" employees; (ii) all "indirect charge" employees unless their impact or involvement is insignificant to the performance of the grant; and (iii) temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even ifused to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of subrecipients or subcontractors in covered workplaces).