Agr Homeowner Rehab Grant (2)HOME INVESTMENT PARTNERSHIPS PROGRAM
STATE OF KANSAS
GRANT AGREEMENT NO. M-99-SG-20-0125
between the
STATE OF KANSAS
DEPARTMENT OF COMMERCE & HOUSING
and the
CITY OF SALINA, KANSAS
Grant Aareement
This Grant Agreement, hereinafter called "Agreement" is betwee~-~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
II.
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respect to this program are superseded hereby.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
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 lo be amended when required to
comply with any law so amended.
!
III.
IV.
Description of Activities
Grantee agrees to perform, or cause to be performed, the work specified in
ADJUSTED PROJECT BUDGET (Attachment A) for rehabilitation of existing property
activities for homeowner-occupants in compliance with all applicable
requirements of 24 CFR Part 92.
Period of Performance & Commitment
The period of performance for all activities assisted by this Agreement shall
commence on March 24, 2000, hereinafter called the '"Commencement
Date," and shall be complete March 24, 2002, hereinafter called the
"'Completion Date," except those activities required for closeout.
All funds must be committed to projects according to the HOME Rule by
December 24, 2000, hereinafter called the "Commitment Date."
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 funds for project costs. In addition,
administration funds of 5 percent (up to $7,500) of the project costs will be
provided. All 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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It is expressly understood and agreed that in no event will the total
program funds provided by the Department exceed the sum of $157,500.
Any additional funds required to complete the program activities set forth
in this Agreement will be the responsibility of the Grantee.
In addition, the Grantee shall provide $ 37,500 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 IAttachment A).
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.
Eo
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.
VII.
Indemnification
The Grantee shall indemnify, defend, and hold harmless the State and its officers
and employees from any liabilities, claims, suits, judgments, 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, judgments, and damages
resulting from acts occurring prior to termination of this Agreement.
Obliflations of Grantee
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 arid 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 pa[y_ or
parties for the undertaking of part or all of the program being assisted
under this grant.
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.
Do
The Grantee shall adhere to the uniform administrative requirements of 24
CFR 92.505.
Pro.qram Costs
The Grantee shall not incur costs on any program activity until the
Environmental Review required by 24 CFR 58 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 obligatian 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.
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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 that 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. Drawdown of Grant Funds
XI.
Ao
The Grantee shall be entitled to drawdown funds at the time the funcls are
actually needed for payment, in accordance with 24 CFR 92.502. Funds
are to be drawn for immediate cash needs, on a reimbursement basis
only, as required in U.S. Depadment of Treasury Circular 1075.
B°
The Grantee shall establish procedures to insure that any funds set fodh in
(A) above shall be expended within fifteen (15) days of receipt of the
funds in the depositow account.
Depositories for Proaram Funds
The Grantee must establish, or have established, an account in a local
financial institution for the receipt, deposit, and disbursement of HOME
Program funds.
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The local account will also be used for the deposit and disbursement of
repayments of HOME funds.
Financial Mana.aement
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.
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;
Provision of financial status reports in the form specified by the
Department.
Compliance with the Department's audit requirements (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.
XlI.
XlV.
XV.
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.
Proaram 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.
Recordkeepina
The Grantee shall establish and maintain sufficient records to enable the
Department to determine whether the Grantee has met the requirements of the
HOME Program. The Grantee shall follow the guidelines in 24 CFR 92.508.
Monitorina and Reportinq
The Grantee shall monitor the activities of the HOME Program, inclu_d_ing
those of contractors and subcontractors, to assure that all pr_c~ram
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.
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.
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.
Procurement Procedures
The Grantee shall use established procurement procedures, which reflect
applicable State and local law and regulations and lhe 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 b~Jsiness
judgment, for the settlement of all contractual and administrative issues
XVI.
adsing out of procurements entered into suppod 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 requirements concerning debarment and
suspension on procurement procedures.
Proaram Closeout
Program closeout is the process by which the Depadment 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 Depadment monitoring visits must be
cleared prior to closeout.
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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., with a copy to the Depadment.
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.
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.
If a project is terminated before its completion, an amount equal lo the
HOME funds disbursed for the project must be paid by the HOME recipient
to its HOME Investment Trust Fund. Such Funds are due within 30 days of
the date of project cancellation. Such funds shall be returned to HUD in
compliance with HUD Notice CPD 92-t8, issued June 9, 1992.
Suspension or Termination-for Cause
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.
The DepQdment, 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 determinecl 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.
XIX. Audit Reauirements
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 Jn the U.S.
Single Audit Act of 1984 and Office of Management and Budget (,OMB)
Circular A-133.
If the Grantee receives $100,000 or more of federal fina_n_cial
assistance from all sources durir~g the local fiscal year, an A:-_].33 is
required. An A~133 covers the Grantee's entire operation, not just
the grant project.
If the Grantee receives more than $25,000 but less than $100,000 of
total federal financial assistance during the local fiscal year, the
grantee has the option of either an A-133, or a grant-specific audit
conducted on a fiscal year basis, as required in 24 CFR parts 44
and 45, as applicable. 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 day.~ 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.
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.
XX. 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.
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Authorized representatives of the Department, the Division of Legislative
Post Audit, the Secretary of HUD, the Inspector General of the [Jnited
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.
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.
XXI. 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 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 !t_o_ be
performed in connection with the program.
The Grantee shall incorporate, or cause to be incorporated, in all 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.
XXll. Eauat Opportunity
In addition to all equal opportunity provisions and the Assurances
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.
XXlll. Lobbyin.q
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 comract,
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 attemptiing 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 Repod 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 subrecipients
shall cedify 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 a_n_d 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 Iunds,
there is an intention to reduce or otherwise diminish, 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 resewes the
right to require an amendment to this Agreement if such is deemed
necessary.
Amendments of the terms of this Agreement shall not become effective
unless reduced to writing, numbered, and signed by the Secretary of the
Department and the duly authorized representative of the Grantee.
XXVI. Contractual Provisions Attachment
The provisions found in Contractual Provisions Attachment, which is attached
hereto.
XXVII. Statement of Assurances & Certifications Attachment
The provisions found in Statement of Assurances & Certifications, which is
attached hereto.
Dated by the Department this ~2~. day of c'~'.v~./c~ ,2000.
STATE OF KANSAS
DEPARTMENT OF COMMERCE & HOUSING
Ran. pty'l~l~ecfiCer, Director of Housing
~~~~,.FFe~chwi.~n, Deputy Secretary
State of Kansas )
) SS.
County of Shawnee ) ___
Subscribed and sworn to before me on this ~.~(no,?n~/~ day of ~-~c'''J ,2000.
CAROL CASEY '
Nota~ Public; St.ate ~ Kansas
.My Appt. Expire,
Notary Public
CITY OF SALINA, KANSAS
A~thorizing Official for Grantee
State of Kansas )
County of ¢ )
Subscribed and sworn to before me on this ~'~Ir4'
day of ~,,. ~z~- / ,2000.
lO
State of Kansas
Department of Administration
DA-146a (Rev. 12/98)
CONTRACTUAL PROVISIONS ATTACHMENT
Important: This form contains mandatory contract provisions and must be attached to or incorporated in all copies of any
contractual agreement. If it is attached to the vendor/contractor's standard contract form, then that form must be
altered to contain the following provision:
"The Provisions found in Contractual Provisions Attachment (Form DA-146a, Rev. 12-98), which is attached hereto,
are hereby incorporated in this contract and made a part thereof."
The parties agree that the following provisions are hereby incorporated into the contract to which it is attached and made a part
thereof, said contract being the ..... day of ......................
1. TERMS HEREIN CONTROLLING PROVISIONS
It is expressly agreed that the terms of each and every provision in this attachment shall prevail and control over the terms of
any other conflicting provision in any other document relating to and a part of the contract in which this attachment is
incorporated.
2. AGREEMENT WiTH KANSAS LAW
All contractual agreements shall be subject to, governed by, and construed according to the laws of the State of Kansas.
3. TERMINATION DUE TO LACK OF FUNDING APPROPRIATION
If, in the judgment of the Director of Accounts and Reports, Department of Administration, sufficient funds are not
appropriated to continue the function performed in this agreement and for the payment of the charges hereunder, State may
terminate this agreement at the end of its current fiscal year. State agrees to give written notice of termination to contractor at
least 30 days prior to the end of its current fiscal year, and shall give such notice for a greater period prior to the end of such
fiscalyear as may be provided in this contract, except that such notice shall not be required prior to 90 day's before the end of
such fiscal year. Contractor shall have the right, at the end of such fiscal year, to take possession of any equipment provided
State under the contract. State will pay to the contractor all regular contractual payments incurred through the end of such
fiscal year, plus contractual charges incidental to the return of any such equipment. Upon termination of the agreement by
State, title to any such equipment shall revert to contractor at the end of State's current fiscal year. The termination of the
contract pursuant to this paragraph shall not cause any penalty to be charged to the agency or the contractor.
4. DISCLAIMER OF LIABILITY
Neither the State of Kansas nor any agency thereof shall hold harmless or indemnify any contractor beyol~d that liability
incurred under the Kansas Tort Claims Act (K.S.A. 75-6101 etseq.).
5. ANTI-DISCRIMINATION CLAUSE
The contractor agrees: (a) to complywith the Kansas Act Against Discrimination (K.S.A. 44-1001 etseq:) and the Kansas Age
Discrimination in Employment Act (K.S.A. 44-1111 etse.q.) and the applicable provisions of the Americans With Disabilities Act
(42 U.S.C. 12101 etseq._) (ADA) and to not discdminate-~gainst any person because of race, religion, color, sex, disability,
national origin or ancestry, or age in the admission or access to, or treatment or employment in, its programs or activities; (b)
to include in all solicitations or advertisements for employees, the phrase "equal opportunity employer"; ( c ) to comply with the
reporting requirements set out at K.S.A. 44-1031 and K.S.A. 44-1116; (d) toinclude those provisions in everysubcontract or
purchase order so that they are binding upon such subcontractor or vendor; (e) that a failure to comply with the reporting
requirements of ( c ) above or if the contractor is found guilty of any violation of such acts by the Kansas Human Rights
Commission, such violation shall constitute a breach of contract and the contract may be cancelled, termi~lated or suspended,
in whole or in part, by the contracting state agencyor the Kansas Department of Administration; (f) if it is determined that the
contractor has violated applicable provisions of ADA, such violation shall constitute a breach of contract and the contract may
be cancelled, terminated or suspended, in whole or in part, by the contracting state agency or the Kansas Department of
Administration.
Parties to this contract understand that the provisions of this paragraph number 5 (with the exception of those provisions
relating to the ADA) are not applicable to a contractor who employs fewer than four employees during the term of such
contract or whose contracts with the contracting state agency cumulatively total $5,000 or less dudng the l~scal year of such
agency.
6. ACCEPTANCE OF CONTRACT
This contract shall not be considered accepted, approved or otherwise effective until the statutorily required approvals and
certifications have been given.
7. ARBITRATION, DAMAGES, WARRANTIES
Notwithstanding any language to the contrary, no interpretation shall be allowed to find the State or any aqency thereof has
agreed to binding arbitration, or the payment of damages or penalties upon the occurrence of a continger~'cy. Further, the
State of Kansas shall not agree to pay attorney fees and late payment charges beyond those available un,~ler the Kansas
Prompt Payment Act (K.S.A. 75-6403), and no provision will be given effect which attempts to exclude, modify, disclaim or
otherwise attempt to limit implied warranties of merchantability and fitness for a particular purpose.
8. REPRESENTATIVE'S AUTHORITY TO CONTRACT
By signing this contract, the representative of the contractor thereby represents that such person is duly authorized by the
contractor to execute this contract on behalf of the contractor and that the contract agrees to be bound by the provisions
thereof.
9. RESPONSIBILITY FOR TAXES
The State of Kansas shall not be responsible for, nor indemnify a contractor for, any federal, state or local taxes which may be
imposed or levied upon the subject matter of this contract.
INSURANCE
The State of Kansas shall not be required to purchase, any insurance against loss or damage to any personal property to
which this contract relates, nor shall this contract require the State to establish a "self-insurance" fund to protect against any
such loss of damage. Subject to the provisions of the Kansas Tort Claims Act (K.S.A. 75-6101 et seq.), the vendor or lessor
shall bear the risk of any loss or damage to any personal property in which vendor or lessor holds title.
INFORMATION
No provision of this contract shall be construed as limiting the Legislative Division of Post Audit from having access
to Information pursuant to K.S.A. 46-1101 et seq.
10.
11.
HOME Investment Parmerships Program
Statement of Assurances & Certifications
STATEMENT OF ASSURANCES & CERTIFICATIONS
The applicant hereby assures and certifies with respect to the grant that:
1. It possesses legal authority to make a grant submission and to execute a housing program.
Its governing body has duly adopted or passed as an official act, a resolution, motion or
similar action authorizing the person identified as the official representative of the grantee to
submit the final statement, all understandings and assurances contained thereiln, and directing
and authorizing the person identified as the official representative of the grantee to act in
connection with the submission of the final statement, and to provide such additional
information as may be required.
o
That prior to submission of its application to KDOC&H, the grantee has___met the citizen
participation requirements, prepared its application and projected use of funds, and made the
application available to the public, as required by Section 104(a)(2) of the Housing and
Community Development Act of 1974, as amended, and implemented at 24 CFR 570.486.
4. It has developed its final statement (application) of projected use of funds so as to give
maximum feasible priority to activities which benefit low-income families.
5. Its chief executive officer or other officer of the grantee approved by KDOC&H:
Consents to assume the status of a responsible federal official under the National
Environmental Policy Act of 1969 and other provisions of federal law as. specified in 24
CFR 58.1(a); and
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Is authorized and consents on behalf of the grantee and himself/herself to accept the
jurisdiction of the federal courts for the purpose of enforcement, of his/her responsibilities
as such an official.
6. The grant will be conducted and administered in compliance with:
a. Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352), and impleme~nLting regulations
issued at 24 CFR Part I:
b. Fair Housing Amendments Act of 1988, as amended, administering all programs and
activities relating to housing and community development in a manner to affirmatively
further fair housing; and will take action to affirmatively further fair housing in the sale or
rental of housing, the financing of housing, and the provisions of brokerage services;
c. Section 109 of the Housing and Community Development Act of 1974, as amended, and
the regulations issued pursuant thereto (24 CFR Section 570.602);
Page I of 4
d. Section 3 of the Housing and Urban Development Act of 1968, as amended, and
implementing regulations at 24 CFR Part 135;
e. Executive Order 11246, as amended by Executive Orders 11375 and 12086, and
implementing regulations issued at 41 CFR Chapter 60;
f. Executive Order 11063, as amended by Executive Order 12259, and implementing
regulations at 24 CFR Part 107;
g. Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended and
implementing regulations when published for effect;
h. The Age Discrimination Act of 1975, as amended, (Pub. L. 94-135), and implementing
regulations when published for effect;
i. The relocation requirements of Title II and the acquisition requirements 4yf-Title 1II of the
Uniform Relocation Assistance and Real Property Acquisition Policies-;~-ct of 1970, as
amended and the implementing regulations at 24 CFR 570.488;
j. Antidisplacement and relocations plan requirement of Section 104(d) of Title I, Housing
and Community Development Act of 1974, as amended;
k. Relocation payment requirements of Section 105(a)(ll) of Title I, Housing and
Community Development Act of 1974, as amended;
1. The labor standards requirements as set forth in 24 CFR 570.603 and HUD regulations
issued to implement such requirements;
m. Executive Order 11988 relating to the evaluation of flood hazards and Executive Order
11288 relating to the prevention, control, and abatement of water pollution;
n. The regulations, policies, guidelines, and requirements of OMB Circular Nos. A-87, A-
128, and A-133 as they relate to the acceptance and use of federal funds under this federally
assisted program; and
o. The American Disabilities Act (ADA) (P.L. 101-336:42 U.S.C. 12101) provides disabled
people access to employment, public accommodations, public services, transportation and
telecommunications.
The conflict of interest provisions of 24 CFR 570.489 apply to any person who is an
employee, agent, consultant, officer, or elected official or appointed official of the state, or of
a unit of general local government, or of any designated public agencies, or subrecipients
which are receiving funds. None of these persons may obtain a financial interest or benefit
from the activity, or have an interest or benefit from the activity, or have an interest in
any contract,
Page 2 of 4
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subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves
or those with whom they have family or business ties, during their tenure or for one year
thereafter, and that it shall incorporate or cause to be incorporated, in all s~ach contracts or
subcontracts a provision prohibiting such interest pursuant to the purpose of this certification.
8. It will comply with the provisions of the Hatch Act which limits the political activity of
employees.
It will give the state, HUD, and the Comptroller General or any authorized representative
access to and the right to examine all records, books, papers, or docume~:tts related to the
grant.
10. It will comply with the lead paint requirements of 24 CFR Part 35 Subpart B. Issued pursuant
to the Lead-Based Hazard Elimination Act (42 U.S.C. 4801 et sea).
11. The local government will not attempt to recover any capital costs of pub~?c improvements
assisted in whole or in part with HOME funds by assessing properties owned and occupied
by low and moderate income persons unless:
HOME funds are used to pay the proportion of such assessment that related to non-HOME
funding, or
The local government certifies to the state that for the purposes of assessing properties owned
and occupied by low and moderate income persons who are not very low income, that the local
government does not have sufficient HOME funds to comply with the provision of a. above.
12.
It accepts the terms, conditions, selection criteria, and procedures established by this program
description and that it waives any right it may have to challenge the legitimacy and the
propriety of these terms, conditions, criteria, and procedures in the event that its application
is not selected for HOME funding. °
13. It will comply with the regulations, policies, guidelines, and requirements with respect to the
acceptance and use of federal funds for this federally-assisted program.
14.
It will comply with all parts of Title I of the Housing and Community Development Act of
1974, as amended, which have not been cited previously, as well as with other applicable
laws.
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The applicant hereby certifies it will comply with the above stated assurances.
Signature, Aut Local Elected Official
Monte Shadwick
Name (typed or printed)
Title
Mayor
Date
February 28, 2000
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