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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 All prior agreements, representations, statements, negotiations, and understandings with respect to this program are superseded hereby.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 . "",;,:;:::~ /i.' ,',"'" ".'.~..'.. f--.'-':"""":"'~:~ ~, 11:-" ~~~1~; ""'~..--.. C.~._y~'" l ~ ¿¡ '-~~ 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