1996 Comp. Development Proj
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STATE OF KANSAS
GRANT AGREEMENT NO. 96-CP-005
between the
STATE OF KANSAS
DEPARTMENT OF COMMERCE & HOUSING
and the
CITY OF SALINA, KANSAS
I. Grant Agreement
A. This Grant Agreement, hereinafter called "Agreement," is between the State of Kansas, Department of
Commerce & Housing, hereinafter called "Department" and the City of Salina, Kansas, hereinafter
called the "Grantee." This Agreement consists of this instrument and the following attachments which
are incorporated herein:
Attachment A
Attachment B
Attachment C
Attachment D
Attachment E
Attachment F
Attachment G
Attachment H
Attachment I
SPECIAL CONDITIONS
FINANCIAL MANAGEMENT CHECKLIST
APPROVED PROJECT APPLICATION
ATTORNEY'S OPINION
COMMUNITY IMPROVEMENT (not applicable)
ECONOMIC DEVELOPMENT (not applicable)
HOUSING PROGRAM
BLIGHTED AREA
LOAN TERM
B. Together these documents embody the entire Agreement between the Department and Grantee with
respect to this grant program. All prior agreements, representations, statements, negotiations, and
understandings, either written or oral, with respect to this program are hereby superseded.
II. Authority
A. This Agreement is fmanced in part through a grant provided to the Department by the United States
Department of Housing and Urban Development (HUD) under Title I of the Federal Housing and
Community Development Act of 1974, as amended (42 USC 5301 et. seq.), 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 Small Cities Community Development Block Grants.
B. The Department, in accordance with the provisions of K.S.A. 74-5001 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 Community Development Program and 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 regulation or law so amended.
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III. Description of Activities
Grantee agrees to perform, or cause to be performed, the work specified in the APPROVED PROJECT
APPLICA nON (Attachment C), and in compliance with the requirements of 24 CFR Part 92 for the
HOME Program.
IV. Period of Performance
A. The period of performance for all activities provided for by this Agreement shall commence on April
16, 1997, hereinafter called the "Commencement Date," and shall be complete on April 16, 1999,
hereinafter called the "Completion Date," except those activities required for closeout of the program
such as the Final Program Report and the Final Audit Report.
B. All FFY 96 funds must be committed to projects according to the HOME Rule, which is nine (9)
months after the date this Contract has been signed, hereinafter called the "Commitment Date."
V. Compensation
A. In consideration of the Grantee's performance of the work required under this Agreement and the
Grantee's compliance with the terms and conditions of this Agreement, the Department shall provide
the Grantee the total sum of$I,031,219 in Community Development Block Grant funds, $515,609.50
will be a loan and $515,609.50 will be a grant, terms of the aforementioned loan are contained in
Attachment I; $400,000 in HOME Funds; in addition to $0 in Grantee's Program Income. Such funds
shall be used by the Grantee in accordance with the Activities listed and budgeted on the APPROVED
PROJECT APPLICA nON (Attachment C) and the CONTRACT PROJECT BUDGET FORM.
B. In addition, the Grantee shall provide $3,305,275, and such funds shall be used by the Grantee in
accordance with the Activities and budget on the APPROVED PROJECT APPLICA nON
(Attachment C).
C. It is expressly understood and agreed that in no event will the total program funds provided by the
Department exceed the sum of $1,431,219. Any additional funds required to complete the program
activities set forth in this Agreement will be the sole responsibility of the Grantee, and not the
responsibility of the Department.
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 Agreement become unavailable or are reduced, the
Department may terminate or amend this Agreement and will not be obligated to pay the Grantee from
State revenues.
E. It is hereby agreed that funds committed to be provided by the Department are conditioned upon the
availability and use of funds to be provided by the Grantee from other sources. In the event any
portion of the funds required to be provided by the Grantee pursuant to subsection (B) of paragraph V
are not made available or used for activities as listed and budgeted, the Department may, in its
discretion, withdraw or reduce proportionately the funds to be provided to the Grantee pursuant to
subsection (A) of paragraph V. It is understood that program income from any grant received from
Department either presently open or closed will be considered first, in lieu of drawing additional
CDBG funds, after being reviewed by the Department.
F. The Grantee shall not anticipate future funding from the Department beyond the duration of this
Agreement and in no event shall this Agreement be construed as a commitment by the Department to
expend funds beyond the termination of this Agreement.
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VI. Indemnification
The Grantee shall indemnify, defend, and hold harmless the State and its officers and employees from any
liabilities, claims, suits, judgments, and damages arising as a result of the performance of the obligations
under this Agreement by the Grantee or any subgrantee, contractor, subcontractor, or person. The liability
of the Grantee under this Agreement shall continue after the termination of the Agreement with respect to
any liabilities, claims, suits, judgments, and damages resulting from acts occurring prior to termination of
this Agreement.
VII. Obligations of Grantee
A. Except as may otherwise be provided, the Grantee may subgrant, contract, or subcontract any of the
work or services covered by this Agreement.
B. All of the activities required by this Agreement shall be performed by personnel of the Grantee or by
third parties (subgrantees, contractors, or subcontractors) under the direct supervision of the Grantee
and in accordance with the terms of written contracts. All contracts are subject to review by the
Department. For construction contracts Davis-Bacon requirements must be met. For Acquisition all
requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970 as amended, (Uniform Act) must be met.
C. The Grantee shall not use funds that have been granted by HUD under the Federal Act, or which may
have been accrued as a consequence of activities supported with such grant funds (program income),
in whole or in part for the support of the Activities covered by this Grant Agreement without ftrst
having secured the express written approval of the Department.
D. 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 all or any of the
program being assisted under this grant.
E. 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.
F. The Grantee shall adhere to the uniform administrative requirements of24 CFR 92.505 for the HOME
Program.
VIII. Program Costs
A. The Grantee may only incur such costs as are reasonable and necessary to the Grantee's Program and
as are allowable under the Department's Procedures (OMB Circular A-87). Cost items not speciftcally
authorized may only be incurred after written approval by the Department.
B. Cash and in-kind contributions made by the Grantee shall follow the criteria established by the
Department's Procedures.
C. The total "Small Cities CDBG Funds" expended for "Administration" shown in the APPROVED
PROJECT APPLlCA TION (Attachment C) shall not exceed the lesser of the established maximum
cost or ftve (5) percent of the total funds received from the Department.
D. Except as provided in subsection (E) of paragraph VIlI., 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 "Notiee of Release of Funds."
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E. The Notification of Award for the grant under this Agreement is dated January 13, 1997, at which date
the Grantee may begin to incur reasonable costs for Environmental Studies, Planning, Administrative
Costs, Program Engineering and Design, and Public Information; to the extent they are applicable to
the program and after project commencement date. However, except as may be otherwise agreed to in
writing by the Department, Grantee reimbursement will not exceed ten (10) percent of the total grant
amount for costs incurred or monies spent prior to the successful resolution of all issues arising from
the environmental-related local and State public comment periods.
F. Any program activities performed by the Grantee in the period between notification of award and
execution of this Agreement shall be performed at the sole risk of the Grantee. In the event this
agreement should not become effective, the Department shall be under no obligation to pay the
Grantee for any costs incurred or monies spent in connection with program activities, or to otherwise
pay for any activities performed during such period. However, upon execution of this Agreement, all
Program Costs incurred in connection with approved activities performed during this period shall be
reimbursed in accordance with the terms and conditions of this Agreement.
G. Grant funds may not, without prior written approval by the Department, be obligated after the
Completion Date except for those activities required for closeout. Obligations incurred prior to and
still outstanding as of the Completion Date shall be liquidated within sixty (60) days.
H. At any time during the period of performance under this Agreement, and upon receipt of the progress
and fmancial reports and the close-out documents, the Department may review all Program Costs
incurred by the Grantee and all payments made to date. Upon such review the Department shall
disallow any items of expense which are determined to not be allowable or are determined to be in
excess of approved expenditures; shall by written notice specifying the disallowed expenditures and
inform the Grantee of any such disallowance.
I. If the Department disallows costs for which payment has not yet been made, it shall refuse to pay such
costs. If payment has been made with respect to costs which are subsequently disallowed, the
Department may deduct the amount of disallowed costs from any future payments under this
Agreement or require that the Grantee refund the amount of the disallowed costs.
IX. Requisition of Grant Funds
Community Development Block Grant Programs
A. The Grantee shall be entitled to receive requisitioned funds from the Department only in accordance
with its actual and immediate cash requirements and only when the total of federal funds remaining on
hand in the depository account does not exceed $5,000 and is insufficient to meet immediate
disbursement needs.
B. A Request for Funds submitted by the Grantee shall include as part of the request a summary listing of
invoice numbers and dates, payroll references, check numbers/dates/amounts, and other such
information to substantiate use of Federal funds and Local funds by Source.
C. Requisitions for cash advances shall be made on official forms and shall not ordinarily be made more
frequently than monthly or in amounts less than $3,000, and in no cases more than $200,000 unless
prior written permission has been obtained from the Department.
D. The Grantee shall establish procedures to insure that any amounts of cash in excess of the limits set
forth in (A) above shall be expended within three (3) days of receipt of the funds in the depository
account.
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E. Cash advances made by the Grantee to sub grantees shall conform to the same standards of timing and
of amount as apply to the Grantee under this Agreement.
F. Amounts withheld from contractor to assure satisfactory completion of work shall not be paid until the
Grantee has received a final payment request from the contractor and has certified the work is
complete and satisfactory.
G. The Department may terminate advance financing and require the Grantee to finance its operations
with its own working capital should it be determined by the Department that the Grantee is unwilIing
or unable to establish procedures to minimize the time lapsing between cash advances and
disbursement. Payments to the Grantee should be made only as reimbursement for actual cash
disbursements.
HOME Program
A. The Grantee shall be entitled to draw down funds at the time the funds are actually needed for payment.
Funds are to be drawn for immediate cash needs 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.
X. Depositories for Program Funds
A. The Grantee shall maintain a separate fund for money received under this Comprehensive Program.
Into this fund shall be deposited:
1. Moneys received from the Department as funds for this particular grant exclusively.
2. Program income earned through program activities.
B. Any interest earned, prior to disbursement, on advances of grant funds shall be remitted to the State for
subsequent return to the United States Treasury.
XI. Financial Management
A. Grantees shall establish and maintain a system which assures effective control over and accountability
for all funds, property and other assets used in the Comprehensive Program.
B. Grantees shall either adopt the system recommended by the Department or certify to the Department,
in writing, prior to making the first requisition of funds that the alternative system proposed for use
shall meet the following standards:
1. Maintenance of separate accounting records and source documentation for the Comprehensive
Program;
2. Provision for accurate, current and complete disclosure of the fmancial 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;
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6. Compliance with the Department's audit requirements of OMB Circular A-128; and/or OMB
Circular A-133 in relation to the HOME Program;
7. Consistency with generally accepted accounting principles as specified by the Kansas Department
of Administration, and in relation to the HOME Program as specified by 24 CFR 85.20 and OMB
Circular A-57.
C. Grantee 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.
XII. Monitoring and Reporting
A. The Grantee shall monitor the activities of the Comprehensive Program, including those of contractors
and subcontractors, to assure that all program requirements are being met.
B. The Grantee shall submit progress and [mancial reports to the Department in accordance with the
schedule set forth in SPECIAL CONDITIONS (Attachment A). These reports shall be in a format
prescribed by the Department.
C. The Grantee shall submit a Final Program Report with the close-out no later than ninety (90) days
following the Completion Date specified in paragraph IV.
D. 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.
E. Failure on the part of a Grantee, its subgrantee, or the loan recipient to report as required or respond to
requests for data or information shall be grounds for suspension or termination of the Grant.
XIII. Procurement Procedures
A. The Grantee shall use established procurement procedures which reflect applicable State and local
laws and regulations and the Department's Procedures for the establishment of procurement systems
and in relation to the HOME Program 24 CFR 85.36.
B. These procurement 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 in support of a grant. These include, but are not limited to, source
evaluation, protests, disputes, and claims.
C. The Grantee shall abide by the requirements of24 CFR 92.357 concerning debarment and suspension
on procurement procedures.
XIV. Bonding and Insurance
A. When administering federal grants and subgrants, a Grantee may follow its own requirements and
practices with respect to: (1) bonding of employees and contractors, and (2) insurance. Federal
grantor agencies are not permitted to impose requirements beyond those listed below. The
government-wide grants management common rule, "Uniform Administrative Requirements for
Grants to State and Local Governments," contains bonding requirements only for circumstances when
a grantee contracts for construction or facility improvement (including alteration and renovation) and
the bids and contracts exceed $10,000. Residential rehabilitation projects of eight (8) units or less are
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exempt from these bonding and insurance requirements. The following types of bonds are required in
the "Procurement" section of the common rule:
A 100 percent "performance bond" on the part of the contractor to secure fulfillment of all of the
contractor's obligations under the contract; and
A 100 percent "payment bond" on the part of the contractor to assure payment, as required by law,
of all persons supplying labor and materials as part of work provided under the contract.
B. The Department reserves the right to promulgate and enforce bonding procedures and requirements
applicable to any project.
C. All bonds shall be procured from a surety company registered and licensed to do business in the State
of Kansas and countersigned by its Kansas resident agent.
XV. Program Closeout Procedures
A. Program closeout is the process by which the Department determines that all applicable administrative
and financial actions and all required work of the program, including audit and resolution of audit
fmdings, have been completed or that there are no additional benefits likely to occur by the
continuation of program activities or costs. All fmdings from Department monitoring visits must be
cleared by Grantee prior to closeout certification.
B. The Completion Date is the date specified in Section IV., Period of Performance, of this Agreement or
amendments thereto, on which assistance ends for all program activities, except those required to
complete the closeout or the date on which the Grant is terminated.
C. The Grantee shall submit to the Department close-out documents covering the entire program within
ninety (90) days of completion date. One copy of the documents must be placed where other program
documents are available for public review and at least one copy must remain in the Grantee's files.
The Department may grant extensions in writing to the time for submission of these documents when
so requested by the Grantee in writing.
D. Incomplete or incorrect closeout documentation will be returned to the Grantee by the Department.
The Grantee shall have 30 days to return the closeout documentation corrected. If closeout
documentation is not corrected within 30 days the Grantee surrenders any capacity for local reuse.
E. The Department reserves the right to recover amounts of unobligated program funds.
F. The Grantee shall account for any property acquired with grant funds, or received from the federal or
state government in accordance with the Department's property management procedures.
G. For those projects that are applicable to the HOME Program, within 120 days of the final draw, the
appropriate project completion report must be submitted to HUD, Washington D.C.
H. For those projects that are applicable to the HOME Program, program closeout will occur when all
grantee projects are closed, when the Final report is received within 60 days of the final drawdown,
when audits for the appropriate time periods have been conducted, and when the audit reports have
been submitted and accepted by the Department.
XVI. Suspension
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
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comply with the conditions of this Agreement. This will be done pending corrective action by the Grantee
or a decision by the Department to terminate the grant. The Department shall allow all necessary and
proper costs which the Grantee could not reasonably avoid during the period of suspension.
XVII. Termination for Convenience
A. 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 the further
expenditure of funds.
B. The two parties shall agree upon the termination conditions, including the effective date and, in the
case of partial termination's, the portion to be terminated.
C. The Grantee shall not incur new obligations for the terminated portion after the effective date, and
shall cancel as many outstanding obligations as possible. The Grantee shall be allowed full credit for
noncancelable obligations properly incurred prior to termination.
D. If a project is terminated before its completion, an amount equal to the HOME funds disbursed for the
project must be paid by the HOME recipient to its HOME Investment Trust Fund. Such Funds are due
within 30 days of the date of project cancellation. Such funds shall be returned to HUD in compliance
with HUD Notice CPD 92-18, issued June 9, 1992.
XVIII. Termination-for-Cause
A. The Department, after reasonable notice, may terminate the grant, in whole or in part, at any time
during the Grant Period when it is determined that the Grantee has failed to substantially comply with
the conditions of this Agreement. The Department shall notify the Grantee in writing of the
determination and the reasons for the termination, together with the effective date and may initiate
procedures to recapture all funds advanced to Grantee.
B. Payments made to the Grantee or recoveries by the Department under grants which have been
suspended or terminated for cause shall be in accordance with the legal rights and liabilities of the
parties.
XIX. Audit Requirements
A. The Grantee shall arrange for the performance of annual fmancial/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 audit section of the Kansas CDBG Handbook, which are based on the
U.S. Single Audit Act of 1984 as amended in 1996 and Office of Management and Budget (OMB)
Circular A-l33.
1. If the local government receives $300,000 or more of Federal grant assistance from all programs,
it must have an armual audit performed in accordance with OMB Circular A-l33. An A-I33 audit
is a fmancial and compliance audit that covers the entire operations of the local government,
rather than being limited to the CDBG project or other Federal grants.
2. If the local government receives between $25,000 and $300,000 of Federal grant assistance from
all programs, it must have a grant specific (program) audit for the year. Grant specific audits of
CDBG projects must be done in accordance with 24 CFR 44.I(c)2) and Kansas CDBG
Regulations. 24 CFR 44.I(c)(2) call for audits to be made in accordance with Government
Auditing Standards issued by the Comptroller General of the United States and include the
compliance tests described in OMB's Compliance Supplement for Single Audit of State & Local
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Governments. Grant specific audits for the Kansas CDBG Program must be performed for the
January 1 - December 31 period, unless the local government's normal fiscal year is different than
the calendar year. Also, the audit must contain a Schedule of Federal Financial Assistance, This
will give the Department a basis for allowing the local government to choose the grant specific
option.
3. If the Grantee receives less than $25,000 of total Federal Financial Assistance during the local
fiscal year, the Grantee is exempt from Federal audit requirements. The Grantee must still comply
with applicable state and local audit requirements where applicable.
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 ten months 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 Kansas Small Cities Community Development Block Grant Program and the
HOME Program, shall rest with the Grantee.
XX. Retention of and Access to Records
A. Financial records, supporting documents, statistical records, and all other records pertinent to this
program shall be retained in accordance with the Department's Procedures. HOME Program
requirements shall also be in accordance with 24 CFR 85.42, 92.508.
B. Authorized representatives of the Department, 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, records,
reports, files, papers, things, or property belonging to, or in use by, the Grantee and/or loan recipient
pertaining to the administration of these grants and the receipt of assistance under the Small Cities
CDBG or HOME program as may be necessary to make audits, examinations, excerpts, and transcripts
for a period of three years subsequent to a grant closeout.
C. Any contract entered into by the Grantee shall contain language comparable to Paragraph (B) so as to
assure access by authorized parties to the pertinent records of any subgrantee, contractor, or
subcontractor.
D. Failure on the part of a Grantee or a loan recipient to allow said access shall be cause for the
Department to initiate suspension procedures.
XXI. Conflict of Interest
A. In the procurement of supplies, equipment, construction and services by Grantees and subgrantees, the
conflict of interest provisions at 24 CFR 570.489(h) shall apply. For the HOME Program Attachment
o of OMB Circular A-I 10 and 24 CFR 85.36 shall apply, and in Home Program cases not governed
by the provisions of said circular and regulation, the provision of subsection (B) and 24 CFR
92.356(b) shall apply.
B. No member of the Governing Body, officer 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/her 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 contracts a provision prohibiting such
interest pursuant to the intent of this Section.
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D. The Grantee shall not employ, nor shall permit any third party to employ any employee of the
Department.
XXII. Equal Opportunity
In addition to all equal opportunity provisions and the Assurances incorporated by reference herein, the
Grantee agrees to comply with all of the requirements of the Kansas Acts Against Discrimination relating
to fair employment practices to the extent applicable and shall cause the foregoing provisions to be inserted
in all contracts with third parties for any work covered by this Agreement so that such provisions will be
binding upon such third parties. For HOME Program, the Grantee will conduct and administer the grant in
conformity with 24 CFR 92.350.
Grantee will conduct and administer the grant in conformity with Title VI of the Civil Rights Act of 1964
(42 USC 2000d ~ ~., as amended) and the Fair Housing Act (42 USC 3601-20) and will affirmatively
further fair housing.
XXIII. Waiver of Enforcement
A waiver by the Department of the right to enforce any provision of this Agreement shall not be deemed a
waiver of the right to enforce each and all of the provisions herein.
XXIV. Revisions. Amendments and Approvals
A. The Grantee may revise the amounts listed in the "Total" column in the CONTRACT PROJECT
BUDGET FORM of the APPROVED PROJECT APPLICATION (Attachment C); provided that:
1. the cumulative effect of the revision(s) is not to increase or decrease the total amount(s) budgeted
for any Activity by more than ten (10) percent and the "Total Program Budget" is not changed;
2. the amount budgeted for Administration shall in no case exceed the lesser of the established
maximum cost or ten (10) percent of the "Total" of the CDBG Funds;
3. the revision will not significantly change the scope, location or objectives of the approved
activities; and
4. the Department is provided written notification of the revision(s).
B. The Grantee may, upon prior written request to and approval in writing from the Department, extend
the Completion Date of this Agreement.
C. The Grantee shall notify the Department if, through the use of other funds, there is an intention to
expand, enhance, or add to the scope of the program covered by the Agreement or there is a proposal
to undertake activities that will have an impact upon the buildings, areas, or activities of this program.
The Department reserves the right to require an amendment to this Agreement if deemed necessary.
D. Any other changes to this Agreement shall constitute an amendment.
E. Amendments to the terms and conditions of this Agreement shall not become effective unless reduced
to writing, numbered, signed by the Secretary of the Department, passed by Resolution of the
governing body, and signed by the duly authorized representative of the Grantee.
F. This Agreement shall be construed in accordance with the laws of Kansas.
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G. We, the undersigned, have read and understood the above document and hereby agree to the terms and
conditions contained herein. This Agreement is binding and legally enforceable on all heirs,
successors, and assigns.
Dated by the Department this ~day nf~ _ , 191j
STATE OF KANSAS
DEPARTMENT OF COMMERCE & HOUSING
By:
Notary P blic, State of Kansas
City of Salina. Kansas
(Grantee)
~~~
By: ~ "-IYf~
(SEAL)
ATTEST'~ /J.~
( or th antee) } ,
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ATTACHMENT A
SPECIAL CONDITIONS
In addition to the general terms and conditions of this Agreement, the Grantee and the Department hereby
agree to the following Special Conditions:
1. As provided in Section VIII., Program Costs, E., the Notification of Award for the grant under this
Agreement is dated January 16, 1997.
2. As provided in Section XII., Monitoring and Reporting, B., the Grantee shall submit Quarterly
Progress and Financial Reports to the Department. The reporting periods consist of
January/February/March, April/May/June, July/August/September and OctoberlNovember/December.
Quarterly Progress and Financial Reports are to be submitted to the Department on or before ten (10)
days after the end of each quarter (April 10, July 10, October 10, and January 10). A Quarterly
Progress and Financial Report shall be submitted for each quarter, or portion thereof, during the Period
of Performance as provided in Section IV. Any extension of time approved by the Department will
require additional Quarterly Progress and Financial Reports to be submitted in accordance with the
above-referenced schedule.
3. As provided in Section IV., Period of Performance, all activities assisted by this Agreement shall be
completed on April 16, 1999, except for those activities required to close out the program, such as the
Final Program Report and the Final Audit Report.
4. As provided in Section XII., Monitoring and Reporting, c., the Grantee shall submit a Final Program
Report to the Department on or before July 15, 1999.
5. The Grantee shall not use funds that have been granted by HUD under the Federal Act, or which may
have been accrued as a consequence of activities supported with such grant funds (program income),
in whole or in part for the support of the Activities covered by this Grant Agreement without first
having secured the express written approval ofHUD.
6. The Grantee shall be permitted to satisfy the program audit requirements of Section XIX., Audit
Requirements, by conducting a single municipal government-wide [mancial audit at the time of an
annual audit provided for by Kansas law. Said audit will be completed on or before September 30 of
each year the grant is open and one year after the grant is closed. Grantees receiving federal assistance
in any fiscal year must have an audit made in accordance with the Single Audit Act of 1984 as
amended in 1996 (OMB Circular A-I33) for such fiscal year unless exempted under OMB Circular A-
133. Those Grantees having received $300,000 or more of total federal funds from all sources must
have an annual audit.
7. The Grantee shall submit a completed CONTRACT PROJECT BUDGET FORM and attach said form
to the APPROVED PROJECT APPLICA nON (Attachment C). The CONTRACT PROJECT
BUDGET FORM shall fully account for all funds as stated in Section V., Compensation, A. and B.
8. Will require each unit of local government to be distributed Title I funds to adopt and enforce a policy
prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any
individuals engaged in nonviolent civil rights demonstrations in accordance with Section 519 of Public
Law 101-144, (the 1990 HUD Appropriations Act) and prohibiting the barring of entrance or exit to
any facility or location which is the subject of such demonstration (Cranston-Gonzales national
Affordable Housing Act).
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9. In addition to the above certifications, the undersigned also makes the certification required which is
attached regarding Lobbying.
10. The Grantee agrees to submit a detailed Resolution of Residential Antidisplacement and Relocation
Assistance Plan under Section 104(d) of the Housing and Community Development Act of 1974 as
amended prior to the displacement of any individual as a result of this Grant.
CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief, that:
(I) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(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 Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
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ATTACHMENTB
FINANCIAL MAJ.'IlAGEMENT CHECKLIST
To provide assurance that adequate financial procedures are in place prior to Disbursement of CDBG funds, the following
information must be submitted for review. This form will be completed and forwarded as an attachment to your grant
agreement
1. Specifically, who (by title or position) performs the following tasks?
(a) Custodian of cash: Director of FinAnCf'
(b) Access to cash: Director of FinAnCf' !mil r.i ry M;m::>g<>r
(c) Custodian of cash records (books) including maintenance and filing: Director of Finance
(d) Access to records: City Clerk
(e) Review of expenditures for eliglbility/allowability: Di Tf'C rOT of Pl ::Inn; ng
(f) Review of expenditures compared to budget: D ire C rOT 0 f P ", n n ; n g
(g) Approval of expenditures: Director of P] Anni nf
(h) Preparation of requisitions: Director of Pl Annine:
(i) Preparation of purchase orders: Director of Fin;:lncf'
G) Preparation of checks: City Accountant
(k) Signing checks: Director of Finance and Ci ty MRnRg<>r
0) Mailinglhandlingchecks: Director of Plannin~
(m) ReceiptofmaterialslsuppIieslservices: Director of Planninf
(n) Receipt ofi'handling of bills, invoices, statements: Direc tor of P"'nni ng
2. Will CDBG "books/accounts" be separate/distinct from "regular" Grantee books/accounts? LX] YES [] NO
If no, please explain how they will be distinguished:
3. Does financial management system include:
(a) Cash receipts journallledger? [X] YES
(b) Cash disbursement jouma1/ledger? [X] YES
(c) GeneraIledger? [X ] YES
] NO
] NO
] NO
4. If answer to 3a, 3b or 3c is "no," describe what books/records are used:
5. Are these separate records? [X] YES [] NO
6. Other/additional recordslbooks used? If so, list:
Chief Elected Official:
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CDBG-AO 1
10/96 (Rev)
Page 12 of 12
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ATTACHMENT C
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COMPREHENSIVE DEVELOPMENT PROJECT APPLICATION
FOR KDOC&H USE ONLY
Date received: . Application No.
APPLICATION INFORMATION
Local
Government City of Salina
Address 100 W ARh. P.O. Box 716
City Salina
Federal LD. Number 48-6017228
Contact
Pernon Roy Dudark
TelephoneC2.u) 826-7260
State Kansas Zip Code 67402-0736
Fax (913) 826-7224
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Application Preparer (if different from Contact Pernon) John R. Cyr
Address 108 E'~ Main, P.O. Box 565, Beloit, KS 67420
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PROJECT DESCRIPTION
Reconstruction of secondary streets within the Salina Airport Industrial
Center and rehabilitation of 30 owner-occuoied dwellings within census
tracts 5 and 6.
PROJECT BUDGET
Sources of Funds
Amount of Funds
Use of Funds (Activity)
KDOC&H
City of Salina
~~'ina Airport Authority"
Total Project Cost
$ 1,431,219
$ 600.000
$ 2.70"i.27"i
$
$ 4.736.494
Total
Streets. housing
Water lines/ouIDos. housing
Streets. hllili'lin~s improvemmts
EstimatedStart&CompletionDates April 16, 1997 and April 16, 1999
Send to:
Comprehensive Development Project Application
Kansas Department of Commerce & Housing
700 S.W. Harrison Street, Suite 1300
Topeka, KS 66603-3712
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Date
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CDBG
CONTRACf PROJECf BUDGET FORM
GRAN1EE - NAME: City of Salina
GRANT NO.
96-CP-005
LOCAUarHER.
ACI1VITY CDBG FUNDS FUNDS TOTALcosr
1. ADMINISI'RATION $ $ $
2. AUDIT
3. SITECLEARANCElDEMOLITION llO 27') lln 77r:,
Non-Residential
4. ~REHABIUTATION 105,000 105,000
a. DIRECfGRANfS
b. DIRECfLOANS
5. HOUSING WRITE-UPSIINSPECflON
6. ACQUISITION OF REAL PROPERTY 112.001 1 17 . nn 1
7. RELOCATION ASSlsrANCE
8. PUBUCF ACILITIES/CONsrRUCflON
a. WATERIWEllSILINEENT 500,000 500,000
b. SEWERILINESITREAT
c. STREET IMPROVEMENTS 1,031,219 1,835,088 2,866,307
d. DRAINAGEIFLOOD
e. CENTERlFACIUTY
f. ornER (Identify)
9. RESERVED FOR ECONOMIC DEVELOPMENT
10. a. ENGINEERING DESIGN 368,934 368 934
b. ENGINEERING INSPECflON 173,977 173.977
c. ARCHITEcruRAL SERVICES
d. OTHER PROFESSIONAL SERVICES
11. lOTALS $1,031,219 $ 3,205,275 $4,236,494
CDBG-B01
10/96 (Rev)
Kansas Department of Commerce & Housing
Small Cities Community Development Block Grant Program
199i HOUSING APPLICATION
HO~1E ~\"ESThlE;...'" PARThERSHIPS PROGR.-'....\I
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HOME
PROJECT BUDGET FORM:
(Must be complete) Q
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:'
c Q
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0 '-l
U ll., SOURCE OF
ACTIVITY HOME OTHER FUNDS TOTAL COST OTHER FUNDS
1) SITE
CLEARANCE
2) DEMOLmON
.
3) HOUSING
REHABILITATION
LOANS
380,000 84,000 X 464,000 City of Salina
4) RELOCATION
ALLOCATION
5) HOUSING
INSPECTION
(not to exceed $600
per unit) 16,000 X 16,000 City of Salina
6) ADMINISTRATION
NOT TO EXCEED
5% OF THE TOTAL
GRANT 20,000 20,000
.
7) MORTGAGE
REGISTRATION
FEE
8) TBRA
9) OTHER
10) TOTALS 400.000 100.000 500 000
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'age 3 of 6
Kansas Department of Commerce & Housing
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CITY OF
SALINA, KANSAS
Cit)' Attorne)'
GJ'eg A. Bengtson
(913) 823-6325
129 South Slh
P.O. Box 380
SaHlIn, KS 67-102-0380
May 30, 1997
Kansas Department of Commerce & Housing
Small Cities CDBG Program
700 SW Harrison Street, Suite 1300
Topeka, Kansas 66603-3712
RE: Grant Agreement No. 96-CP-005, City of Salina, Kansas
Ladies and Gentlemen:
In my opinion, the City of Salina by its Mayor as authorized by the governing body has the
authority to enter into legally binding contracts.
Furthermore, I have examined the various contracting documents related to the CDBG project
specified above, and believe them to be legally binding upon the City.
on
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ATTACHMENT G
HOUSING PROGRAM
Pro\:ram Income
The Grantee shall retain any repayment, interest, and any other return on the investment of HOME funds to
be used for additional eligible activities under this Agreement.
Recordkeeping
The Grantee shall establish and maintain sufficient records to enable the Department to determine whether
the Grantee has met the requirements of the HOME Program. The Grantee shall follow the guidelines in
24 CFR 92.508.
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ATTACHMENT H
BLIGHTED AREA
The governing body of this municipality shall adopt a resolution finding that: (1) One or
more slum or blighted areas exist in such municipality and (2) the rehabilitation,
conversion, or redevelopment, or a combination thereof, of such area or areas is necessary
in the interest of the public health, safety, morals or welfare of the residents of such
municipality. The activity funded by this project will address one or more of the
conditions which contributed to the deterioration of the area.
"Blighted area" shall mean an area (other than a slum area) which by reason of the
presence of a substantial number of slum, deteriorated or deteriorating structures,
predominance of defective or inadequate street layout, faulty lot layout in relation to size
adequacy, accessibility or usefulness, insanitary or unsafe conditions, deterioration of site
or other improvements, diversity of ownership, tax or special assessment delinquency
exceeding the fair value of the land, defective or unusually conditions of title, improper
subdivision or obsolete platting, or the existence of conditions which endanger life or
property by fire and other causes, or any combination of such factors, substantially
impairs or arrests the sound growth of a municipality, retards the provision of housing
accommodations or constitutes an economic or social liability and is a menace to the
public health, safety, morals, or welfare in its present condition and use.
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A TT ACHMENT I
The Loan and the Rate.
Subject to the terms and the conditions of this Agreement and the written approval of the
Department, the Borrower hereby agrees to borrow the amount of $5 15,609.50 hereinafter called
the "Loan," at an interest rate of two percent (2%).
The Terms and the Repayment.
The term of the loan shall be ten (10) years. The Repayment Schedule below lists the dates and
repayment amounts.
The Department and Borrower acknowledge that the Borrower may budget for only one year at a
time, and will make a good faith effort to meet its successive, one year obligations. However,
future financial conditions and decisions of future governing bodies could result in the Borrower
being unable to meet its future one year obligations under this Agreement.
Award Date
60 days grace
6 months no interest
12 months P & I accrue
First Payment Due
Amount:
12 months P & I
Total First Payment
1/13/97
3/13/97
9/13/97
9/13/98
10/1/98
$57,145.33
$57,145.33
Payment Beginning I Ending Cumulative
No. Date Balance II nterest Principal Balance Interest
2 4/1/99 $ 468,542.20 $ 4,685.42 $ 23,887.24 $ 444,654.96 $14,763.45
3 10/1/99 $ 444,654.96 $ 4,446.55 $ 24,126.11 $ 420,528.84 $19,210.00
4 4/1/00 $ 420,528.84 $ 4,205.29 $ 24,367.37 $ 396,161.47 $ 23,415.28
5 10/1/00 $ 396,161.47 $ 3,961.61 $ 24,611.05 $ 371,550.42 $ 27,376.90
6 4/1/01 $ 371,550.42 $ 3,715.50 $24,857.16 $ 346,693.26 $ 31,092.40
7 10/1/01 $ 346,693.26 $ 3,466.93 $ 25,105.73 $ 321,587.53 $ 34,559.34
8 4/1/02 $ 321,587.53 $ 3,215.88 $ 25,356.79 $ 296,230.75 $ 37,775.21
9 10/1/021 $ 296,230.75 $ 2,962.31 $25,610.36 $ 270,620.39 $40,737.52
10 4/1/03 $ 270,620.39 $ 2,706.20 $ 25,866.46 $ 244,753.93 $ 43,443.72
11 10/1/03 $ 244,753.93 $ 2,447.54 $ 26,125.12 $ 218,628.81 $ 45,891.26
12 4/1/04 $ 218,628.81 $ 2,186.29 $ 26,386.37 $ 192,242.43 $ 48,077.55
13 10/1/04 $ 192,242.43 $ 1,922.42 $ 26,650.24 $ 165,592.20 $ 49,999.97
14 4/1/05 $ 165,592.20 $ 1,655.92 $ 26,916.74 $ 138,675.45 $ 51,655.90
15 10/1/05 $ 138,675.45 $ 1,386.75 $27,185.91 . $ 111,489.55 $ 53,042.65
161 4/1/06 $111,489.551 $1,114.90 $27,457.77 1 $ 84,031.78 $ 54,157.55
17 10/1/06 $ 84,031.78' $ 840.32 . $ 27,732.35 i $ 56,299.43 $ 54,997.86
18 4/1/07: $ 56,299.43 $ 562.99 $ 28,009.67 $ 28,289.77 $ 55,560.86
19 10/1/071 $ 28,289.77 $ 282.90 $ 28,289.77 $ 0.00 1 $ 55,843.76