KDHE Waste Tire Grant ProgramDocuSign Envelope ID: OEC6F5A6-7F2E-44DC-A83E-9386C59014B0
DocuSign Envelope ID: OEC6F5A6-7F2E-44DC-A83E-9386C59014B0
CONTRACT
Between
SECRETARY of HEALTH and ENVIRONMENT of KANSAS
And
City of Salina
SUBJECT: Kansas Waste Tire Grant Program
DIVISION: Environment — Bureau of Waste Management
CONTRACT
PERIOD: May 1, 2024 — April 30, 2028
FISCAL
REIMBURSEMENT
PERIOD: May 1, 2024 — April 30, 2025
CONTRACT
AMOUNT: $13502.50
This agreement between the Secretary of the Kansas Department of Health and Environment, herein known as
KDHE, and City of Salina herein known as the Grantee, takes effect May 1, 2024, and terminates April 30, 2028.
In consideration of the mutual promises contained hereinafter, the parties therefore covenant that:
I. KDHE shall:
(1) Pay the Grantee up to 50% of eligible costs incurred, for conducting the activities outlined in
Section II (3). KDHE shall be authorized to order repayment of any disbursed grant monies if
Grantee violates any provision of the contract.
(2) Advance 50% of the total grant amount upon execution of the contract.
(3) Reimburse the remainder of the grant award upon receipt of Affidavits of Expenditures supported
by evidence of expenditure.
(4) Retain 10% of the total grant amount until a final report and any additional required documentation
has been received and approved by KDHE.
(5) Provide technical assistance to the Grantee.
(6) Monitor the program for compliance with the approved project proposal.
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DocuSign Envelope ID: OEC6F5A6-7F2E-44DC-A83E-9386C59014B0
DocuSign Envelope ID: OEC6F5A6-7F2E-44DC-A83E-9386C59014B0
The Grantee shall:
(1) Accept the responsibility for risks associated with services performed before this contract is fully
executed by final signature of the Secretary of KDHE.
(2) Purchase eligible items included in the original grant proposal for City of Salina, which is
incorporated herein. Eligible items include products made from Kansas waste tires; shipping
expenses; supplies such as color, binder, coating; installation of pour -in-place playground surfacing
and approved signage. Waste tire -derived products must be purchased within six (6) months of the
award date, or the advance payment will be returned to KDHE.
(3) Fulfill the 50% match required by K.S.A. 65-3415(c) by providing at least 13502.5 in financial and
in-kind project resources. Match must be spent in proportion with grant funding.
(4) Submit an affidavit of expenditure form (including receipts and expense documentation) for
reimbursement of expenses. These expenses shall be only for items agreed to in the accepted
project proposal document. Grantees are encouraged to spend the entire grant and request
reimbursement as soon as possible. Grantee must return any unused funds to KDHE within 30
days of the fiscal reimbursement expiration date.
(5) Obtain prior, written approval is required for a modification from the approved grant (e.g.
reallocating dollar amounts among budget categories within the existing award amount or changing
the scope of the project). A request to amend the approved grant/budget form must be submitted
and approved by KDHE in its discretion. The original award amount may not be increased. When
the grant/budget amendment has been approved by written consent, the amendment will become
the official approved budget. The Governor's Solid Waste Grants Advisory Committee must
approve reallocation requests.
(6) Submit a summary report and affidavit of expenditures and supporting documentation in the
required format to be received by KDHE no later than May 31, 2025. Affidavits submitted after May
31, 2025, at the sole discretion of KDHE, may be considered for reimbursement. Reimbursement
will only be considered if the total amount of the grant has not been exhausted and the funds are
available.
(7) Include photos, a breakdown of all costs, and a narrative description of the project and a summary
of the results in a summary report submitted to KDHE. A checklist to assist with the completion of
the summary report will be provided by KDHE. If possible, the Grantee should document the project
with news clippings and/or videos and include such items in the summary report.
(8) Submit to KDHE evidence of property insurance, or other documentation, demonstrating
coverage for facilities, materials and/or products funded by the grant whose individual cost
exceeds $1,000. The evidence of property insurance shall be submitted to KDHE for review and
approval within 30 days of the purchase of product(s). In the event there is damage to the facility
and/or product(s) funded by the grant which results in an insurance payment, Grantee agrees to
utilize the proceeds to repair, replace, or rebuild the damaged items. If Grantee decides not to
repair, replace, or rebuild the damaged items, Grantee agrees to reimburse KDHE for a pro -rated
portion of said grant -funded project.
(9) Maintain complete, accurately documented and current accounting of all program funds including
match expended to provide an audit trail to source documentation. Other reports requested by
KDHE shall be submitted within 30 days from KDHE's request.
(10) Obtain prior approval from KDHE before purchasing any item not listed in the project proposal, if
said item is to be purchased in whole or in part with State funds under this contract.
(11) Insure that the materials received match the Playground Surfaces product that was tested to meet
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ASTM 1292-04 (Head Impact - critical fall height criteria) and ASTM F1951 (Standard Specification
for Determination of Accessibility to Surface Systems Under and Around Playground Equipment) as
listed by name on KDHE's approved products and vendor list.
(12) Install playground surfacing according to manufactures guidelines and conforming to the current
Consumer Product Safety Commission Guidelines for Public Playground Safety (Publication 325).
Submit a Certificate of Installation on a form provided by KDHE that certifies the Quality Officer was
on site during all construction activities.
(13) Require contracts for services that provide for payment only for: services rendered, specific
timetables, procedures for billing, work to be done, and how Grantee will compensate the
contractor. The contract shall include a definition and description of the services to be provided by
the contractor.
(14) Comply with all applicable federal, state and local laws and regulations regarding proper
playground and park installations.
(15) Agree to allow KDHE or any of its employees or agents to enter and freely move about all property
in which work connected to this grant contract is being or has been performed for the purposes of:
interviewing site personnel and contractors; auditing and inspecting records, contracts and any
other documents pertaining to the activities involved; and reviewing the progress of Grantee in
completing its duties under the grant contract.
(16) Permit KDHE to take any pictures or to conduct videotaping at the site. Grantee also agrees to
permit KDHE, its employees or agents to inspect and copy all records, files, photographs,
documents and other writings that pertain to work undertaken in connection with this grant contract.
(17) Agree to preserve all records pertaining to the work conducted in connection with this grant contract
during the time the grant contract is in effect, and following termination of the contract, in
accordance with the Public Records Preservation Act, K.S.A. 45-401, et seq.
(18) Post the sign provided by KDHE and/or use the designated logo and recognize the source of grant
money at the project site, on capital equipment, and promotional materials. The signage should
include language that states, "materials made from recycled tires funded in part by a Waste Tire
Management Grant from the Kansas Department of Health and Environment".
(19) Agree to participate in Keep It Clean Kansas public education campaigns and KDHE outreach
activities in a manner that is appropriate to the Grantee's needs.
(20) Agree to complete and return annual KDHE surveys.
(21) Certify by accepting this grant that this project is ADA compliant, or is part of an overall
facilities system that provides ADA access and compliance pursuant to all local, state and
federal requirements.
(22) Immediately return any unused funds upon voluntary termination of the contract by either Party.
(23) Grantee shall ensure it complies with all applicable requirements of Title VI of the Civil Rights Act of
1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973,
the Age Discrimination Act of 1975, and Section 13 of the Federal Water Pollution Control Act
Amendments of 1972. If Grantee subcontracts, assigns, or transfers any of the work contemplated
by this agreement to another party, Grantee is responsible for ensuring such subcontractor,
assignee, or transferee also complies with these federal non-discrimination laws.
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III. Both parties mutually agree that:
(1) This agreement may be terminated by either party by giving at least thirty days' written notice in
advance of the effective date of cancellation to the other party. Upon voluntary termination of the
contract, the Grantee is required to submit a final report. Grantee's obligations in the contract
regarding disbursed money or equipment purchased with grant money shall remain in effect for the
duration of the contract period.
(2) The provisions found in Contractual Provisions Attachment A (Form DA -146a), which is attached
hereto, are hereby incorporated in this contract and made a part thereof.
(3) The provisions found in the Policy Regarding Sexual Harassment, Attachment B, which is attached
hereto, are hereby incorporated in this contract and made a part thereof.
(4) Failure of the grantee to comply with any of the provisions of this grant will be deemed a violation
and material breach of this agreement and KDHE may, at its discretion, refuse to release funds to
Grantee as well as pursue any and all available legal remedies. KDHE is only liable for
reimbursement for actions and services actually rendered pursuant to the terms of this agreement.
(5) This agreement creates no property right to any grant money. Grantor reserves the right to disallow
any expenditure upon review. It is understood that there is no right of appeal from any decision of
KDHE for any payment or non-payment of grant money. The Secretary reserves the right to adjust
the amount of grant money disbursed based upon availability of funding.
(6) K.S.A. 65-3415(f) states that the grantee shall not be eligible to receive grants authorized by K.S.A.
65-3415 if the grantee is operating in substantial violation of applicable solid and hazardous waste
laws or rules and regulations. This also includes complying with K.S.A. 65-3405, the statute
requiring solid waste management plans. Failure of a county or regional authority to comply with
K.S.A. 65-3405 shall bar receipt of any grant funds by any entity within the jurisdiction of such
county or regional authority unless the grant would support a project expected to yield benefits to
counties outside the jurisdiction of such county or regional authority.
(7) In the event the Grantee operates in substantial violation of applicable solid or hazardous waste
laws or utilizes grant money for any unauthorized purpose, the Grantee will not meet KDHE's
minimum requirements for grant eligibility for future grants authorized by K.S.A. 65-3401, et seq.
and will not be eligible for such grants.
(8) KS -A. 65-3415(g) authorizes the Secretary to take action if a grant recipient has utilized grant
moneys for unauthorized purposes. This could include ordering the repayment of any grant money,
canceling department commitments or filing an action in district court for recovery of grant funds
and expenses.
(9) This agreement constitutes the whole agreement between the parties, and it is mutually understood
and agreed that no alternative or variation to the terms of this agreement shall be valid unless
amendments hereto are made in writing and agreed to by both parties.
IN WITNESS WHEREOF, the parties hereto have affixed their signatures on the dates indicated.
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DocuSign Envelope ID: OEC6F5A6-7F2E-44DC-A83E-9386C5901460
DocuSign Envelope ID: OEC6F5A6-7F2E-44DC-A83E-9386C59014BO
DocuSignd by:
V""""� stawl
f9ffi??W,1-Secretary
Kansas Department of Health and Environment
Mayor
City of Salina
5/14/2024
Date
Date