Agr HOMEGrant
I.
II.
III.
HOME INVESTMENT PARTNERSHIPS PROGRAM
STATE OF KANSAS
GRANT AGREEMENT NO. M-Ol-SG-20-0125
between the
KANSAS HOUSING RESOURCES CORPORATION
and the
CITY OF SALINA, KANSAS
Grant Aareement
A.
This Grant Agreement hereinafter called "Agreement" is between the Kansas
Housing Resources Corporation, organized pursuant to K.S.A. 74-8904(v),
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 - PROJECT BUDGET
Attachment B - CONTRACTURAL PROVISIONS
Attachment C - STATEMENT OF CERTIFICATIONS
B.
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this program are superseded hereby.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
A.
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."
B.
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.
C.
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.
Description of Activities
IV.
V.
VI.
Grantee agrees to perform, or cause to be performed, the work specified in 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
A.
The period of performance for all activities assisted by this Agreement shall
commence on February 1, 2002, hereinafter called the "Commencement
Date," and shall be complete February 1, 2004, hereinafter called the
"Completion Date," except those activities required for closeout.
B.
All funds must be committed to projects according to the HOME Rule by
November 1, 2002L hereinafter called the "Commitment Date."
Compensation
A.
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 $250,000 in
HOME funds for project costs. In addition, administration funds of 5 percent (up
to $ 12,500 ) of the project costs will be provided. All such funds shallae used
by the Grantee in accordance with the activities listed and budgetecl on the
PROJECT BUDGET (Attachment A).
B.
It is expressly understood and agreed that in no event will the total program
funds provided by the Department exceed the sum of $262,500. Any Q(jditional
funds required to complete the program activities set forth in this Agreement will
be the responsibility of the Grantee.
C.
In addition, the Grantee shall provide $75,000 in other sources of fun<js to this
HOME Program and such funds shall be used by Grantee in accordance with the
activities listed and budgeted on the PROJECT BUDGET (Attachment A).
D.
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 Agi'eement
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.
E.
The Grantee shall not anticipate future funding from the Department beyond the
duration of this Agreement and in no event shall this Agreement be com,trued as
a commitment by the Department to expend funds beyond the termination of
this Agreement.
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
2
VII.
VIII.
IX.
liabilities, claims, suits, judgments, and damages resulting from acts occurring prior to
termination of this Agreement.
Obligations of Grantee
A.
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.
B.
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.
c.
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.
D.
The Grantee shall adhere to the uniform administrative requirements of 24 CFR
92.505.
Proaram Costs
A.
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."
B.
Any program activities performed by the Grantee in the period t)etween
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.
c.
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.
Drawdown of Grant Funds
A.
The Grantee shall be entitled to drawdown funds at the time the funds are
actually needed for payment, in accordance with 24 CFR 92.502. FuneJs are to
be drawn for immediate cash needs, on a reimbursement basis only, as required
in U.S. Department of Treasury Circular 1075.
B.
The Grantee shall establish procedures to insure that any funds set forth in (A)
above shall be expended within fifteen (15) days of receipt of the funds in the
depository account.
3
X.
Depositories for ProGram Funds
A.
B.
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.
A.
Financial Manaaement
XI.
B.
C.
XII.
Program Income
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
documentation for the HOME Program:
records
and
source
2.
Provision for accurate, current, and complete disclosure of the "inancial
status of the Program;
3.
Establishment of records of budgets and expenditures for each
approved activity;
4.
Demonstration of the sequence and status of receipts, obligations,
disbursements and fund balance;
5.
Provision of financial status reports in the form specified by the
Department.
6.
Compliance with the Department's audit requirements (OMB Cii'cular A-
133); and
7,
Consistency with generally accepted accounting principles as specified
by the Kansas Department of Administration, 24 CFR 85.20, and OMB
Circular A-8 7,
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.
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.
XIII.
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 ProgrClm. The
Grantee shall follow the guidelines in 24 CFR 92.508.
4
XIV.
~.
~I.
Monitorina and Reportina
A.
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.
B.
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. G~uarterly
Progress and Financial Reports are to be submitted to the Department on or
before ten (10) days after the end of each quarter (April 1 0, 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.
C.
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.
D.
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
A.
The Grantee shall use established procurement procedures, whicrl reflect
applicable State and local law and regulations and the Deportment's
Procedures for the establishment of procurement systems (24 CFR 85.36).
B.
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 judgment, 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.
C.
The Grantee shall abide by requirements concerning debarment and suspension
on procurement procedures.
Proaram Closeout
A.
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 aejditional
benefits likely to occur by continuation of program activities or costs. All findings
from Department monitoring visits must be cleared prior to closeout.
B.
Within 1 20 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 Department.
c.
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
5
appropriate time periods have been conducted, and when the audi1" reports
have been submitted and accepted by the Department.
XVII.
Termination for Convenience
A.
C.
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.
B.
The two parties shall agree upon the termination conditions, inclucling 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 to th'9 HOME
funds disbursed for the project must be paid by the HOME recipient to ij-s HOME
Investment Trust Fund. Such Funds are due within 30 days of the date 01' project
cancellation. Such funds shall be returned to HUD in compliance with HUD
Notice CPD 92-18, issued June 9, 1992.
XVIII.
Suspension or Termination-for Cause
A.
XIX.
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 <;;¡rant.
B.
The Department, after reasonable notice following procedures pursuant to
Section XVIII (A) of this Agreement, may terminate the grant. in whole 01" 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.
Audit Requirements
A.
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 anel Budget
(OMB) Circular A-133,
1.
If the Grantee receives $100,000 or more of federal financial assistance
from all sources during the local fiscal year, an A- 1 33 is required An A-
133 covers the Grantee's entire operation, not just the grant projEct.
2.
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.
6
xx.
XXI.
XXII.
B.
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,
C.
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
A.
Financial records, supporting documents, statistical records, and oil 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.
B.
Authorized representatives of the Department, the Division of Legisla1ive 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.
c.
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.
Conflict of Interest
A.
In the procurement of supplies, equipment, construction, and services by
Grantees and subgrantees, the conflict of interest provisions, Attachment 0 of
OMB Circular A-ll 0 and 24 CFR 85.36, respectively, shall apply. In all coses not
governed by the provisions of said circular and regulation, the provisions of
subsection (B) and 24 CFR 92.356 shall apply.
B.
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.
C.
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.
D.
The Grantee shall not employ, nor shall permit any third party to employ any
employee of the Department.
Equal 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
7
XXIII.
Lobbvinq
The undersigned certifies, to the best of his or her knowledge and belief that:
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 concluct and
administer the grant in conformity with 24 CFR 92.350.
1.
No Federal appropriated funds have been paid or will be paid, Ioy 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, ond 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 Con<;:¡ress 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.
3.
The undersigned shall require that the language of this certificotion 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 celtify 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 sholl 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 anc all the
provisions hereof.
A.
Revisions and Amendments and Approvals
Any changes to this Agreement shall constitute an amendment.
xxv.
B.
The Grantee shall notify the Department if, through the use of other funds, there is
an intention to reduce or otherwise diminish, expond, enhance, or ad,j 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 to this Agreement if such is deemed necessary.
8
XXVI.
XXVII.
c.
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.
Contractual Provisions Attachment
The provisions found in Contractual Provisions Attachment, which is attached herE,to.
Statement of Assurances & Certifications Attachment
The provisions found in Statement of Assurances & Certifications, which is attached
hereto.
9
Dated by the Department this
:¿ "'L day of
. ,
'. !c.,.(. c.L z." '
,20
KANSAS HOUSING RESOURCES CORPORATION, organized pursuant to K.S.A. 74-8904(v)
, ,
By:
! J " / ¿ /
,1.71 J{u- / 'v<-i- L<"h ,Y
Norma Phillips, Executive Vice P'fesident
State of Kansas)
) ss,
County of Shawnee )
Subscribed and sworn to before me on this c4~day of ~~ ~1Ø'< ' 20 ¿/ ~V .
. SAUNDRA L EASON ,~.:..- YC--<;~
Notary Pubßc - state at Kansas Notary Public I
My Appt. &pi,....hnI B. 2007
CITY OF SALINA, KANSAS
BY~~ f. r~
Alan E. Jilka, Mayor, City f Salina, Kansas
Authorizing Official for Grantee
State of Kansas )
c.. Al' ) ss.
County of ~ In.¿ )
Subscribed and sworn to before me on this 5~
daYO~t ,200~-
~.
Notary Public ~
~ . LIEU ANN ELSEY
~ Notary Public. State of Kansas
My Appt Expires -I - a
10
Attachment A
Homeowner Rehabilitation Program
Project Budget Form
2001 HOME Program
State HOME Program Subrecipient:
City of Salina
Approximate Number Of
Homeowner-Occupied Housing Units To Be Rehabilitated:
Activity
HOME
Other
Funds
Committed
I ) Site Clearance
2) Demolition
3) Housing
Rehabilitation (Lead paint 240,400 75,000 Yes
costs not to exceed $51J1J1J per nnit)
4) Relocation
Allocation
5) Housing Inspection
(Not to exceed 56tH) per lInil)
9,600
6) Administration (I\ot to
exceed 5"~, of grant IÖr project costs)
12,250
7) Mortgage
Registration Fees (for
filing soli loan agreement)
8) Other (e.g. bcforc- and atter-
appraisals)
9) Totals
262,250 75,000
16
Pending
Source of Other
Funds
Local
Total
315,400
9,600
12,250
337,250
State of Kansas
Department of Administration
DA-146a (Rev. 1-01)
ATTACHMENT B
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. 1-01), 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 , 20_.
1.
Terms Herein Controllinq 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.
Aqreement 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 Fundinq 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 fiscal year as may be provided in this contract, except that such notice shall not be required prior to 90 days 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.
Disclaimer Of Liability: Neither the State of Kansas nor any agency thereof shall hold harmless or indemnify any contractor beyond
that liability incurred under the Kansas Tort Claims Act (K.S.A. 75-6101 § ~).
4.
5.
Anti-Discrimination Clause: The contractor agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A. 44-1001 §
~) and the Kansas Age Discrimination in Employment Act (K.SA 44-1111 §~) and the applicable provisions of the Americans
With Disabilities Act (42 U.S.C. 12101 §~) (ADA) and to not discriminate against any person because ofrac8, 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.SA 44-1031 and K.S.A. 44-1116; (d) to include those provisions in Every subcontract or
purchase order so that they are binding upon such subcontractor or vendor; (e) that a failure to complý 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, terminated or suspended, in whole or in part,
by the contracting state agency or 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.
6.
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 during the fiscal year of such agency.
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, Damaqes, Warranties: Notwithstanding any language to the contrary, no interpretation shall be allowed to find the
State or any agency thereof has agreed to binding arbitration, or the payment of damages or penalties upon the occurrence of a
contingency. Further, the State of Kansas shall not agree to pay attorney fees and late payment charges beyond those available
under the Kansas Prompt Payment Act (K.SA 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.
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 contractor agrees to be
bound by the provisions thereof.
8.
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.
10. 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 prot8Ct against any such
loss or damage. Subject to the provisions of the Kansas Tort Claims Act (K.SA 75-61 01 §~), the vendor or lessor shall bear the
risk of any loss or damage to any personal property in which vendor or lessor holds title.
11. 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.SA 46-1101 g!~.
12. The Eleventh Amendment: "The Eleventh Amendment is an inherent and incumbent protection with the State of Kansas and need
not be reserved, but prudence requires the State to reiterate that nothing related to this contract shall be deemed a waiver of the
Eleventh Amendment."
ATTACHMENT C
HOME Investment Partnerships Program
Statement of Assurances & Certifications
STATEMENT OF ASSLJRL\NCES & 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.
2. 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 therein, 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. .
3. 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:
a. 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
b. 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 implementing 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 affirn1atively 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 J 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 of Title III of the
Unifonn Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended and the implementing regulations at 24 CFR 570.488;
j. Antidisplacement and relocations plan requirement of Section 1 04( d) of Title I, Housing
and Community Development Act of 1974, as amended;
k. Relocation payment requirements of Section 1 05(a)(11) of Title 1, 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.
7. 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
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 al1 such 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.
9. It will give the state, HlJD, and the Comptroller General or any author:.zed representative
access to and the right to examine all records, books, papers, or documents related to the
grant.
10. It will comply with the lead paint requirements of 24 CFR Part 35.
11. The local government will not attempt to recover any capital costs of public improvements
assisted in whole or in pmi with HOME funds by assessing propeliies O\vned and occupied
by low and moderate income persons unless:
a.
HOME funds are used to pay the prop011ion of such assessment that related to non-HOME
funding, or
b.
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 tern1s, 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 tenns, 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 D~velopment Act of
1974, as amended, which have not been cited previously, as well as with other applicable
laws.
Page 3 of4
The applicant hereby certifies it will comply with the above stated assurances.
----OM E.. ~
Signature, Alan E. Jilka, M1yor '-
Alan E. Jilka
Mavor. City of Salina, Kansas
Title
I -5 - :J.aJ4
Date
Page 4 of 4
HOME Investment Partnerships Program
AMENDMENTS TO HOMEOWNER REHABILITATION GRANT
AGREEMENT NO. M-OI-SG-20-0125
WITH THE CITY OF SALINA, KANSAS
This amendment officially sets forth a new "Commitment Date" and/or a new "Completion Date"
for homeowner rehabilitation activities as amended from the original Grant Agreement signed
C74l'1l1ttí'7 t1--<1JrA. , 20!?~~.
The "Commitment Date" is
The "Completion Date" is
July I, 2004
February 1. 2005
Dated by the Department this
-"
," -- ¡lA,
day of
[ ti.~ ~k l' ,
.. ¡
,20~.
-, '.- '
KANSAS HOUSING RESOURCES CORPORATION
organized pursuant to K.S.A. 74-8904(v)
, '~
B . '1. -.." "
y. .. ;C¡ I.Lt, ,. d~¡I-(_c/ld/
No~ma Phillips, Executi~ Vice President
State of Kansas
)
) ss.
County of Shawnee)
Subscribed and sworn to before me this Þ V4.
A.SAUNDRALEASON
~ Ho!1ry Pubßc - State of Kansas
My Appt. Expires JI.ne 8, 2007
CITY OF SALINA, KANSAS
BY:~[.~.~
Alan E. Jilka, Mayor, C y of Salina, Kansas
Authorizing Official for Grantee
State of Kansas
)
) ss.
County of ~nV )
Subscribed and sworn to before me on this 5~~
A . LIEU ANN ELSEY ~tililiC ~
@§ Notary Public - State of Kansas
My Appt. Expires
, 20 o-t .
"",;,:;:::~
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11:-" ~~~1~;
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KANSAS
K.\]\;",\" HUl.,,!]\;(; RE"U\'RCE:; CU!\PU¡Z,\TIUè\:
January 22, 2004
Mr. Dennis M. Kissinger, City Manager
300 West Ash, PO Box 736
Salina, Kansas 67402-0736
RE:
2001 HOME Grant Agreement (M-OI-SG-20-0125) - Homeowner Rehabilitation
Dear Mr. Kissinger:
Enclosed is a signed grant agreement and amendment for your files. Before beginning with
individual rehabilitation projects, please remember to perform and submit the following program
administration:
.
Authorized Signature(s) Designation Form
Environmental Review, detenninations and RROF process
Notices of Fair Housing Activities/Contact Person and Demographics Reports (2)
Verification of Construction Contractor Eligibility (Debarred) Form(s)
.
.
.
Please review the Grantee Handbook and Procedures Supplement to reference grant processing
requirements. The following are some of the more important points of emphasis:
.
Lead- Based Paint Requirements - documentation sent in at times of Project Setup and at
time of Payment Request (occupant notices, risk assessment including paint testing of
every item disturbed, interim controls and safe work practice methods and materials
specified in the work write-up, contractor's lead qualifications, temporary occupant
relocation method, safe work practices certification and field SWP inspection fonD, and
clearance report). Attached, find a new Project Setup Checklist and a new Payment
Request Checklist to he used in the program. You will receive instructions on these steps
when necessarv.
Scopes-of-Work (individual home rehab work write-ups used for bid) - require detailed
methods and materials specifications, including those for general lead paint requirements,
specific interim control treatments, and for rehab work disturbing leaded surfaces that
require safe work practice methods.
Building Codes Certifications - to be submitted with payment requests
.
.
10005.\\/ JACKSON 5TREEl~ S\:ITE 150 TOPEKA K¡\N5AS (,66[2 (7H5) 296.5H65 FAX (785) 296.H9H5
.
Quarterly Progress Reports need to be kept current
Running Match Log itemizing each house - to be submit with Quarterly Progress Reports
.
As always, if I may be of further assistance, please do not hesitate contacting me.
Sincerely,
~þ
Tom Hastert, HOME Program Manager
Homeowner Rehabilitation Grantee Funding
Kansas Housing Resources Corporation
Enc 1.
PROJECT SET-UP REPORT CHECKLIST
Documents To Accompany the HUD (2-Page) Project Set-Up Form
For (House Address):
1. Picture Of Home To Be Rehabilitated.
2. Location Map Indicating Location Of Home.
3. Values Of Home Before And After Rehabilitation.
(Include supporting documentation and letter of opinion from qualified person)
4. Cost-Effectiveness Formula Calculation.
5. Copy of 'Before Rehab' Inspection Report (pass/fail remarks).
(For first rehab only; after the first rehab, keep in your 1ìles)
Additional Lead-Based Paint Compliance Monitoring:
6. Copy of Risk Assessment Report.
(With risk assessor's qualifications, and which includes the additional paint testing of
surfaces to be disturbed)
7. Copy of Lead Hazard Evaluation Notice To Occupant.
(Which is to include letter or other fonnat demonstrating it was forwarded to the
occupant within 15 days of the report)
8. Copy of the Scope of Work.
(That demonstrates by detailed methods and materials work specifications the
incorporation of the 1ìndings and recommendations of the lead hazard evaluations for
interim controls and/or abatement treatments and other rehab disturbing leaded
surfaces, and includes other general specifications to implement 24 CFR Part 35 with
regard to prohibited methods, occupant protections and relocation, worksite preparation
- containment and access restrictions, specialized cleaning, clearance, etc.)
9. Cost Estimate.
(Separating base rehab costs from all additional costs due to the lead requirements)
10. Temporary Occupant Relocation Method.
(Advanced documentation of actual relocation dwelling that does not have lead
hazards, or the exception claimed)
11. Required Lead Paint Qualifications of Contractor Established in
Scope/Bid Document (send copy of qualifications after bid).
No Work Is To Proceed To Bid Until A Complete Setup And All Compliance Documentation Is Received And
KHRC Has Authorized Approval To Proceed To Bid With An Individual House Account (HUD-IDIS) Number
P A YlVIENT REQUEST REPORT CHECKLIST
Documents To Accompany Payment Request Form
For (House Address):
1. Copy of Expense Documentation.
(Grouped by house with separate and complete itemization)
2. Local Match Documentation.
3. Certification of All Work Inspected & Completed as Required.
(Signed offby inspector; contractor, homeowner, and grantee administri'.tor)
4. Building Codes Certification.
Additional Lead-Based Paint Compliance Monitoring:
5. Copy of Contractors LBP Qualifications Certificate
6. A Passing 'Lead Work-in-Progress Inspection' Form.
7. Safe ~Vork Practices Certification.
8. Temporary Occupant Relocation Exception Certification.
9. Copy of Successful Clearance Report.
10. Copy of Lead Hazard Reduction Notice To Occupant.
(Which is to include letter or other fonnat demonstrating it was forwarded to the
occupant within 15 days of the report)
If Rehabilitation is Complete:
11. HUD (2-Page) Project Completion Report Form
12. Copy of Filed Lien/Mortgage