Agr Homeowner Rehab Grant KANSAS
DEPARTMENT OF COMMERCE & HOUSING
;,;ECEIVED
FEB 8 1999
Y ~,,A,,~AGER S OFFISE
The Honorable Monte Shadwick
Vice Mayor, City of Salina
300 W. Ash
Salina, KS 67401
Dear Vice Mayor Shadwick:
Enclosed is your copy
# M-98-SG-20-0125.
February 3, 1999
Bill Graves, Governor
Gary Sherrer, Lt. Governor / Secretary
of the Homeowner Rehabilitation Grant agreement
The Kansas Department of Commerce & Housing reprinted pages 1 & 2 to enter
the grant agreement number and the commencement, completion and commitment dates
of the grant. The year misprinted on page 2 section IV. (b) was also change from FFY 97
to 98. Changes were not made in any other pages of the grant agreement.
The City of Salina has ten days to respond to any of the changes. If a response is
not received within a ten day period, this will considered the final agreement between the
Kansas Department of Commerce & Housing and the City of Salina.
Should you have any questions or concerns, please contact me at 785-296-6836.
Sincerely,
enclosure
Amir Khan
Program Manager-Homeowner Rehabilitation
HOUSING DIVISION
700 S.W. Harrison Street, Suite 1300, Topeka, Kansas 66603-3712
(785) 296-5865 Fax (785) 296-8985 TTY (785) 296-3487 (HE^P, INO IMP^mliD)
www. kansascommerce.com email: housing@ink.org
HOME INVESTMENT PARTNERSHIPS PROGRAM
STATE OF KANSAS
GRANT AGREEMENT NO. M-98-SG-20-0125
between the
STATE OF KANSAS
DEPARTMENT OF COMMERCE & HOUSING
and the
CITY OF SALINA, KANSAS
II.
Grant Agreement
This Grant Agreement, hereinafter called "Agreement" is between the
State of Kansas, Department of Commerce & Housing, hereinafter called
"Department" and the CITY OF SALINA, Kansas, hereinafter called the
"Grantee." This Agreement consists of the body and the following
attachment which is incorporated herein:
Attachment A - ADJUSTED PROJECT BUDGET
Together they embody the entire Agreement between the Department
and Grantee with the respect to this grant program. All prior agreements,
representations, statements, negotiations, and understandings with
respect to this program are superseded hereby.
Authority
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This Agreement is financed in part through a grant provided to the
Department by the United States Department of Housing and Urban
Development (HUD) under Title II of the National Affordable Housing Act of
1990, hereinafter called "the Federal Act." As provided in the Federal Act,
the State of Kansas, through the Department has elected to administer
the federal program of HOME Investment Partnerships Program,
hereinafter called "HOME."
The Department, in accordance with provisions of K.S.A. 74-50001 et seq.,
hereinafter called "the State Act," has approved the application of the
Grantee and awarded funds for the purpose of supporting the Grantee's
HOME Program.
In the event of changes in any applicable Federal regulations and/or law,
this Agreement shall be deemed to be amended when required to
comply with any law so amended.
III. Description of Activities
Grantee agrees to perform, or cause to be performed, the work specified in the
ADJUSTED PROJECT BUDGET (Attachment A), and in compliance with the
requirements of 24 CFR Part 92.
IV. Period of Performance & Commitment
The period of performance for all activities assisted by this Agreement shall
commence on 2/4/99 , hereinafter called the"Commencemen'l Date,"
and shall be complete on 2/4/01 , hereinafter called the "Completion
Date," except those activities required for closeout.
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All FFY 98 funds must be committed to projects according to the HOME
Rule by 11/4/99 , hereinafter called the "Commitment Date."
V. Compensation
In consideration of the Grantee's satisfactory performance of the work
required under this Agreement and the Grantee's compliance with the
terms of this Agreement, the Department shall provide the Grantee the
total of $150,000 in HOME project funds. In addition, administration funds
of 5 percent ($7,500) of the project funds will be provided. Such funds
shall be used by the Grantee in accordance with the activities listed and
budgeted on the ADJUSTED PROJECT BUDGET (Attachment A}.
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In addition, the Grantee shall provide $50,000 in other sources of funds to
this HOME Program and such funds shall be used by Grantee in
accordance with the activities listed and budgeted on the ADJUSTED
PROJECT BUDGET (Attachment A).
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It is expressly understood and agreed that in no event will the total
program funds provided by the Department exceed the sum of 5210,000.
Any additional funds required to complete the program activities set forth
in this Agreement will be the responsibility of the Grantee.
The Grantee understands that this Agreement is funded in whole or' in part
by federal funds. In the unlikely event the federal funds supporting this
Agreement become unavailable or are reduced, the Department may
terminate or amend this Agreement and will not be obligated to pay the
Grantee from State Revenues.
The Grantee shall not anticipate future funding from the Department
beyond the duration of this Agreement and in no event shall this
Agreement be construed as a commitment by the Department to
expend funds beyond the termination of this Agreement.
VI. Indemnification
The Grantee shall indemnify, defend, and hold harmless the State and its officers
and employees from any liabilities, claims, suits, judgements, and damages arising
as a result of the performance of the obligations under this Agreement by the
Grantee or any subgrantee, contractor, subcontractor, or person. The liability of
the Grantee under this Agreement shall continue after the termination of the
Agreement with respect to any liabilities, claims, suits, judgements, and damages
resulting from acts occurring prior to termination of this Agreement.
VII. Obligations of Grantee
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All of the activities required by this Agreement shall be performed by
personnel of the Grantee or by third parties (subgrantees, contractors, or
subcontractor) under the direct supervision of the Grantee and in
accordance with the terms of written contracts.
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The Grantee shall remain fully obligated and liable under the provisions of
this Agreement, notwithstanding its designation of any third party or
parties for the undertaking of part or all of the program being assisted
under this grant.
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The Grantee shall require any third party to comply with all lawful
requirements necessary to insure that the program is carried out in
accordance with this Agreement.
The Grantee shall adhere to the uniform administrative requirements of 24
CFR 92.505.
VIII. Program Costs
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The Grantee, if not environmentally exempt, shall not incur costs on any
program activity until the Environmental Review required by 24 CFR .$8 has
been completed and the Department has issued the "Notice of Release
of Funds."
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Any program activities performed by the Grantee in the period between
notification of award and execution of this Agreement shall be performed
at the sole risk of the Grantee. In the event this Agreement is not duly
executed by the Grantee, the Department shall be under no obligation to
pay the Grantee for any costs incurred or monies spent in conjunction
with program activities, or to otherwise pay for any activities performed
during such period.
At any time during the period of performance under this Agreement, the
Department may review all Program Costs incurred by the Grantee and
all payments made to date. Upon such review the Department shall
disallow any items of expense which are not determined to be allowable
or are determined to be in excess of approved expenditures; and shall, by
written notice specifying the disallowed expenditures, inform the Grantee
of any such disallowance.
IX.
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XI.
Drawdown of Grant Funds
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The Grantee shall be entitled to drawdown funds at the time the funds are
actually needed for payment. Funds are to be drawn for immediate cash
needs, on a reimbursement basis only, as required in U.S. Department of
Treasury Circular 1075.
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The Grantee shall establish procedures to insure that any funds set lforth in
(A) above shall be expended within fifteen (15} days of receipt of the
funds in the depository account.
Depositories for Program Funds
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The Grantee must establish, or have established, an account in a local
financial institution for the receipt, deposit, and disbursement of HOME
Program funds.
The local account will also be used for the deposit and disbursement of
repayments of HOME funds.
Financial Management
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Grantees shall establish and maintain a system which assures effective
control over and accountability for all funds used in the HOME Program,
and follow the requirements of 24 CFR 85.20 and OMB Circular A-87.
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Grantees shall certify to the Department, in writing, prior to making the first
drawdown of funds that the system proposed for use shall meet the
following standards:
1. Maintenance of separate accounting records and source
documentation for the HOME Program;
Provision for accurate, current, and complete disclosure of the
financial status of the Program;
Establishment of records of budgets and expenditures for each
approved activity;
Demonstration of the sequence and status of receipts, obligations,
disbursements and fund balance;
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Provision of financial status reports in the form specified by the
Department.
Compliance with the Department's audit requirements (OMB
Circular A-128 and/or OMB Circular A-133); and
Consistency with generally accepted accounting principles as
specified by the Kansas Department of Administration, 24 CFR
85.20, and OMB Circular A-87.
Grantees shall transfer to the Department any HOME funds on hand at the
time of expiration of this Agreement, and any accounts receivable
attributable to the use of HOME funds, as required in 24 CFR 92.504.
Xll. Program Income
The Grantee shall return to the State any repayment, interest, and any other
return on the investment of HOME funds to be used for additional eligible
activities under this Agreement or retain for use on HOME-eligible activities ,only.
Xlll. Recordkeeping
The
Department
Program.
Grantee shall establish and maintain sufficient records to enable the
to determine whether the Grantee has met the requirements of the HOME
The Grantee shall follow the guidelines in 24 CFR 92.508.
XlV. Monitoring and Reporting
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The Grantee shall monitor the activities of the HOME Program, including
those of contractors and subcontractors, to assure that all program
requirements are being met. The Grantee shall establish and maintain a
standard procedure for internal monitoring.
The Grantee shall submit quarterly Progress and Financial Reports to the
Department. The reporting periods consist of
October/November/December, January/February/March,
April/May/June, and July~August~September. Quarterly Progress and
Financial Reports are to be submitted to the Department on or before ten
(10) days after the end of each quarter (April 10, July 10, October 10, and
January 10). A quarterly Progress and Financial Report shall be submitted
for each quarter, or portion thereof, during the Period of Performance as
provided in Section IV. A final close-out report will also be required of the
Grantee.
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From time to time, as requested in writing by the Department, the Grantee
shall submit such data and other information as the Department may
require.
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Failure to report as required or respond to requests for data or information
in a timely manner shall be grounds for suspension or termination of the
Grant at the discretion of the Department.
XV.
Procurement Procedures
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The Grantee shall use established procurement procedures which reflect
applicable State and local law and regulations and the Department's
Procedures for the establishment of procurement systems (24 CFR 85.36).
These standards do not relieve the Grantee of any contractual
responsibilities under its contracts. The Grantee is responsible, in
accordance with good administrative practice and sound business
judgement, for the settlement of all contractual and administrative, issues
arising out of procurements entered into support of a grant. These include
but are not limited to source evaluation, protests, disputes, and claims.
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The Grantee shall abide by the requirements of 24 CFR 92.357 concerning
debarment and suspension on procurement procedures.
XVl.
XVII.
Program Closeout
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Program closeout is the process by which the Department determines that
all applicable actions and all required work of the program including
audit and resolution of audit findings have been completed or that there
are no additional benefits likely to occur by continuation of program
activities or costs. All findings from Department monitoring visits must be
cleared prior to closeout.
Within 120 days of the final draw, for each project within the Grantee
program, the appropriate project completion report must be submitted to
HUD, Washington D.C.
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Program closeout will occur when all grantee projects are closed,, when
the Final report is received within 60 days of the final drawdown, when
audits for the appropriate time periods have been conducted, and when
the audit reports have been submitted and accepted by the
Department.
Termination for Convenience
The Department or Grantee may terminate the grant in whole, or in~ part,
when both parties agree that the continuation of the program would not
produce beneficial results commensurate with further expenditure of
funds.
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The two parties shall agree upon the termination conditions, including the
effective date and in the case of partial terminations, the portion 'to be
terminated.
XVlll.
If a project is terminated before its completion, an amount equal to the
HOME funds disbursed for the project must be paid by the HOME recipient
to ifs HOME Investment Trust Fund. Such Funds are due within 30 days of
the date of project cancellation. Such funds shall be returned fo HUD in
compliance with HUD Notice CPD 92-18, issued June 9, 1992.
Suspension or Termination-for Cause
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The Department may suspend the grant, in whole or in part, at any time
during the Grant Period, and upon reasonable notice to the Grantee
withhold further payments or prohibit the Grantee from incurring
additional obligations of grant funds when it is determined that the
Grantee has failed to substantially comply with the conditions of this
Agreement. This will be done pending corrective action by the Grantee
or a decision by the Department to terminate the grant.
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The Department, after reasonable notice following procedures pursuant
to Section XVIII (A) of this Agreement, may terminate the grant, in whole
or in part, at any time during the Grant Period when it is determined that
the Grantee has failed to substantially comply with the conditions of this
Agreement. The Department shall promptly notify the Grantee in writing,
of the determination and the reasons for the termination, together with
the effective date.
XlX.
Audit Requirements
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The Grantee shall arrange for the performance of annual
financial/compliance audits of the grant project. All audits must be
performed by an independent qualified auditor. The audit period is
identical with the Grantee's regular fiscal year. The audit(s) will be
conducted in accordance with the requirements set forth in the U.S.
Single Audit Act of 1984 and Office of Management and Budget (OMB)
Circular A- 128 and/or A- 133.
If the Grantee receives $100,000 or more of federal financial
assistance from all sources during the local fiscal year, an A-128 or
A-133 is required. An A-128 or A-133 covers the Grantee's entire
operation, not just the grant project.
If the Grantee receives more than $25,000 but less than $101~,000 of
total federal financial assistance during the local fiscal year, the
grantee has the option of either an A-128 or A-133, or a grant-
specific audit conducted on a fiscal year basis, as required in 24
CFR Part 44. The grant-specific audit must include a schedule of
Federal Financial Assistance.
Grantees are required to submit one copy of a fiscal year audit report
covering the program. The audit reports shall be sent within 30 days after
the completion of the audit, but no later than one year after the end of
the audit period unless agreed to by the Department.
XX.
If any expenditures are disallowed as a result of the Final Audit Report, the
obligation for reimbursement to the U.S. Treasury shall rest with the
Grantee.
Retention of and Access to Records
Financial records, supporting documents, statistical records, and all other
records pertinent to this program shall be retained in accordance with the
Department's Procedures and in accordance with 24 CFR 85.42 and 24
CFR 92.508.
Authorized representatives of the Department, the Division of Legislative
Post Audit, the Secretary of HUD, the Inspector General of the United
States, or the U.S. General Accounting Office shall have access to all
books, accounts, reports, files, papers, things, or property belonging to, or
in use by, the Grantee pertaining to the administration of these grants and
receipt of assistance under the HOME Program as may be necessary to
make audits, examinations, excerpts, and transcripts.
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Any contract or agreement entered into by the Grantee shall contain
language comparable to subsection {B) so as to assure access by
authorized parties to the pertinent records of any subgrantee, contractor,
or subcontractor.
XXl.
XXlI.
Conflict of Interest
In the procurement of supplies, equipment, construction, and services by
Grantees and subgrantees, the conflict of interest provisions, Attachment
O of OMB Circular A-110 and 24 CFR 85.36, respectively, shall apply. In all
cases not governed by the provisions of said circular and regulation, the
provisions of subsection (B) and 24 CFR 92.356 (b) shall apply.
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No member of the Governing Body, officers or employee of the Grantee,
or its designees or agents, or any other person who exercises any functions
or responsibilities with respect to the program assisted by this Agreement
during his tenure or for one year thereafter, shall have any direct interest in
any contract or subcontract, or the proceeds thereof, for the work to be
performed in connection with the program.
The Grantee shall incorporate, or cause to be incorporated, in ail third
party agreements, a provision prohibiting such interest pursuant to the
purpose of this Section.
The Grantee shall not employ, nor shall permit any third party to employ
any employee of the Department.
Equal Opportunity
XXIII.
In addition to all equal opportunity provisions and the Assu~rances
incorporated by the reference herein, the Grantee agrees to comply with
all the requirements of the Kansas Acts Against Discrimination relating to
fair employment practices, to the extent applicable and shall cause the
foregoing provision to be inserted in all contracts with third parties for any
work covered by this Agreement so that such provisions will be binding
upon such third parties. Grantee will conduct and administer the grant in
conformity with 24 CFR 92.350.
Lobbying
The undersigned certifies, to the best of his or her knowledge and belief that:
No Federal appropriated funds have been paid or will be paid, by
or on behalf of the undersigned, to any person for influencing or
attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress,. or an
employee of a Member of Congress in connection with the
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.
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 in connection with this Federal Contract, grant, loan, or
cooperative agreement, the undersigned shall complete and
submit Standard Form-LLL "Disclosure Form to Report Lobbying," in
accordance with its instructions.
The undersigned shall require that the language 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 subrec:ipients
shall certify and disclose accordingly.
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 failure.
XXIV. Waiver of Enforcement
No waiver by the Department of the right to enforce any provision of this
Agreement shall be deemed a waiver of the right to enforce each and all
the provisions hereof.
XXV. Revisions and Amendments and Approvals
A. Any changes to this Agreement shall constitute an amendment.
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The Grantee shall notify the Department if, through the use of other I=unds,
there is an intention to expand, enhance, or add to the scope of the
program, covered by the Agreement, or there is a proposal to undertake
activities that will have an impact upon the buildings, areas, or activities
of this program. The Department reserves the right to require an
amendment fo this Agreement if such is deemed necessary.
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Amendments of the terms of this Agreement shall not become effective
unless reduced fo writing, numbered, and signed by the Secretary of the
Department and the duly authorized representative of the Grantee.
XXVl. Contractual Provisions Attachment
The provisions found in Contractual Provisions Attachment, which is attached
hereto.
Dated by the Department this
STATE OF KANSAS
DEPARTMENT OF COMMERCE & HOUSING
State of Kansas )
County of Shawnee )
Subscribed and sworn to before me on this
JOYCE SMITH
NOTARY PUBLIC
STATE OF KANSAS_
MY APPT EXPIRES
,r
./
Not~li~
CITY OF SALINA, KANSAS
Name and Tifle ~ hq o i~
Authorizing Official for Grantee
State of Kansas )
) SS.
Counfy of ~,o._~..~.. )
Subscribed and sworn to before me on this ~ '~ day of
pIJBLt~ State ol ~nsas
JuDY LONG
~d~ My kppt. Ex{). io-! 1 -,ol
11
1998 HOUS~O APPLICA'HON
ACTIVITY
2) DEMOIATION
HOUSING
REHABILITATION
LOANS
I 5 ~ @ $12,700
R~LOCATION
ALLOCATION
5) HOUSING
INSPECT[ON
(Not to exceed S600
perun~0
15 homes @ $600
6) ADMINISTRATION
NOT TO EXCEED
5% OF THE
TOTAL GRANT
7)
MORTGAGE
REGISTRATION
FEE
10)
OTHER
TOTALS
ATTACBMENT A
PRoJEct BUDGET FORM:
(Must be complete)
HOME
OTm~
I~I~'DS COMMITTED PENDING
SOURCE OF OTHER
TOTAL COST FUNDS
150,000 41,000
X
City
191,000 of Salin;
· -9,000
X
City
9,000 of Salin;
7,500
7,500
157,500 50,000
207,500
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