04-0309 HUD 1044 _, - 04 - 0349
FY 2003 EDI-SPECIAL PROJECT NO. B-03-SP-IL-0235
GRANT AGREEMENT
This Grant Agreement between the Department of Housing and Urban
Development (HUD) and City of Elgin (the Grantee) is made pursuant to the authority of
Public Law 108-7 (the FY 2003 Appropriations Act for HUD and other agencies) and
House Report 108-10 (the Conference Report on the Appropriations Act). The amount
shown below is 99.35% of the amount specified in the Conference Report because of a
.65% rescission mandated in the Act. The Grantee's application package, as may be
amended by the provisions of this Grant Agreement, is hereby incorporated into this
Agreement, is hereby incorporated into this Agreement.
In reliance upon and in consideration of the mutual representations and
obligations hereunder, HUD and the Grantee agree as follows:
Subject to the provisions of the Grant Agreement, HUD will make grant funds in
the amount of$402,367 available to the Grantee.
The Grantee agrees to abide by the following:
ARTICLE I. HUD Requirements.
The Grantee agrees to comply with the following requirements for which HUD
has enforcement responsibility.
A. The grant funds will only be used for activities described in the application,
which is incorporated by reference and made part of this Agreement as may
be modified by Article VIII (A) of this Grant Agreement.
B. EQUAL OPPORTUNITY REQUIREMENTS
The grant funds must be made available in accordance with the following:
1. For projects involving housing, the requirements of the Fair Housing
Act (42 U.S.C. 3601-20) and implementing regulations at 24 CFR
Part 100; Executive Order 11063 (Equal Opportunity in Housing)
and implementing regulations at 24 CFR Part 107.
2. The requirements of Title VI of the Civil Rights Act of 1964
(42 U.S.C. 2000d) (Nondiscrimination in Federally Assisted
Programs) and implementing regulations issued at 24 CFR Part 1.
3. The prohibitions against discrimination on the basis of age under
the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and
implementing regulations at 24 CFR Part 146, and the prohibitions
against discrimination against handicapped individuals under section
504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and
implementing regulations at 24 CFR Part 8.
7,
• . .
4. The requirements of 24 CFR 5.105(a) regarding equal opportunity
as well as the requirements of Executive Order 11246 (Equal
Employment Opportunity) and the implementing regulations issued
at 41 CFR Chapter 60.
5. For those grants funding construction covered by 24 CFR 135, the
requirements of section 3 of the Housing and Urban Development
Act of 1968, (12 U.S.C. 1701u) which requires that economic
opportunities generated by certain HUD financial assistance shall,
to the greatest extent feasible, be given to low- and very low-income
persons and to businesses that provide economic opportunities for
these persons.
6. The requirements of Executive Orders 11625 and 12432
(concerning Minority Business Enterprise), and 12138
(concerning Women's Business Enterprise). Consistent with
HUD's responsibilities under these Orders, the Grantee must make
efforts to encourage the use of minority and women's business
enterprises in connection with grant funded activities. See 24 CFR
Part 85.36(e) , which describes actions to be taken by the Grantee to
assure that minority business enterprises and women business
enterprises are used when possible in the procurement of property
and services.
7. Where applicable, Grantee shall maintain records of its efforts to
comply with the requirements cited in Paragraphs 5 and 6 above.
C. ENVIRONMENTAL REVIEW REQUIREMENTS.
I. If the Grantee is a unit of general local government, a State, an Indian
Tribe, or an Alaskan Native Village, the Grantee agrees to assume all of
the responsibilities for environmental review and decision- making and
actions, as specified and required in regulations issued by the Secretary
pursuant to the Multifamily Housing Property Disposition Reform Act of
1994 and published in 24 CFR Part 58.
2. If the Grantee is a housing authority, redevelopment agency,
academic institution, hospital, or other non-profit organization, the
Grantee shall request the unit of general local government, Indian
Tribe, or Alaskan Native Village, within which the project is located and
which exercises land use responsibility, to assume all of the
responsibilities for environmental review and decision-making as
specified in paragraph C.1 above, and the Grantee shall carry out all of the
responsibilities of a recipient under 24 CFR Part 58.
D. Administrative requirements of OMB Circular A-133 "Audits of States,
Local governments and Non-Profit Organizations."
E. For State and Local Governments, the Administrative requirements of
24 CFR Part 85, including the procurement requirements of 24 CFR Part
85.36, and the requirements of OMB Circular A-87 regarding Cost
Principles for State and Local Governments. For Non-Profits, the
Administrative requirements of 24 CFR Part 84, including the procurement
requirements of 24 CFR Part 84.40, and OMB Circular A-122 regarding
Cost Principles for Non-Profit Institutions. For Institutions of Higher
Education the applicable OMB Circular regarding Cost Principles is A-21.
F. The regulations at 24 CFR Part 87, related to lobbying, including the
requirement that the Grantee obtain certifications and disclosures from
all covered persons.
G. Restrictions on participation by ineligible, debarred or suspended persons
or entities as described in Executive Order 12549 and at CFR 24 Part
5.105(c).
H. The Uniform Relocation Act as implemented by regulations at 49 CFR
Part 24.
I. The Grantee will comply with all accessibility requirements under section
504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing
regulations at 24 CFR Part 8, where applicable.
ARTICLE H. Conditions Precedent to Draw Down.
The Grantee may not draw down grant funds until the following actions have taken place:
A. The Grantee has received and approved any certifications and disclosures
required by 24 CFI( 87.100 concerning lobbying and by 24 CFR 24.510(b)
regarding ineligibility, suspension and debarment.
B. Any other conditions listed in Article VII ( C ) of this Grant Agreement.
ARTICLE III. Draw Downs.
A. A request by the Grantee to draw down grant funds under the Voice
Response Access system or any other payment system constitutes a
representation by the Grantee that it and all participating parties are
complying with the terms of this Grant Agreement.
B. The Grantee will be paid on an advance basis provided that the Grantee
minimizes the time elapsing between transfer of the grant funds and
disbursement for project purposes and otherwise follows the requirements
of 24 CFR Part 85 or Part 84 and Treasury Circular 1075 (31 CFR Part 205).
C. Before the Grant Agreement is signed, the Grantee may incur cost for activities
which are exempt from environmental review under 24 CFR Part 58 and may
charge the costs to the grant. Funds provided by this grant however, may not be
used for reimbursement of expenses incurred prior to the enactment of The Act
authorizing these funds on February 20,2003.
ARTICLE IV. Progress Reports.
A. The Grantee shall submit to the Grant Officer a progress report every six months
after the effective date of the Grant Agreement. Progress reports shall consist of
(1) a narrative of work accomplished during the reporting period and (2) a
completed Financial Status Report - Form 269 A.
HUD may require additional information or increased frequency of reporting as
described in Article VII ( C ).
B. The performance reports must contain the information required under 24
CFR Part 85.40(b) (2) or 24 CFR Part 84.51(a), as applicable including a
comparison of actual accomplishment to the objectives indicated in the
approved application, the reasons for slippage if established objectives were not
met, and additional pertinent information including explanation of significant cost
overruns.
C. No grant drawdowns will be approved for projects with overdue progress
reports.
ARTICLE V. Project Close-out.
A. The grantee shall submit to the Grant Officer a written request to close-out the
grant 30 days after the grantee has drawn down all funds and completed the
activities described in the application, as may be amended. The final report shall
consist of (1) a narrative of all work accomplished during the project period and
(2) a completed Financial Status Report -Form 269 A covering the entire project
period.
HUD will then send the Close-out Agreement and Close-out Certification to the
Grantee. At HUD's option, the Grantee may delay initiation of project close-out
until the resolution of any HUD monitoring findings. If HUD exercises this
option the Grantee must promptly resolve the findings.
B. The Grantee recognizes that the close-out process may entail a review by
HUD to determine compliance with the Grant Agreement by the Grantee
and all participating parties. The Grantee agrees to cooperate with any
review in any way possible, including making available records requested
by HUD and the project for on-site HUD inspection.
•
C. The Grantee shall provide to HUD the following documentation:
1. A Certification of Project Completion.
2. A Grant Close-out Agreement.
3. A final financial report giving the amount and types of project costs
charged to the grant (that meet the allowability and allocability
requirements of OMB Circular A-122, A-87 or A-21 as applicable,
including the "necessary and reasonable" standard); a certification of
the costs; and the amounts and sources of other project funds.
4. A final performance report providing a comparison of actual
accomplishments with each of the project commitments and
objectives in the approved application, the reasons for slippage
if established objectives were not met and additional pertinent
information including explanation of significant cost overruns.
D. The Grantee agrees that the grant funds are allowable only to the extent that
the project costs, meeting the standard of OMB Circular A-122, A-87 or
A-21 as applicable, equal the grant amount plus other sources of project
funds provided.
E. When HUD has determined that the grant funds are allowable,
the activities were completed as described by the Grant Agreement,
and all Federal requirements were satisfied, HUD and the Grantee
will sign the Close-out Agreement and Close-out Certificate.
E. The Close-out Agreement will include the Grantee's Agreement to abide
by any continuing federal requirements.
ARTICLE VI. Default.
A default under this Grant Agreement shall consist of using grant funds for a
purpose other than as authorized by this Agreement, any noncompliance with legislative,
regulatory, or other requirements applicable to the Agreement, any other material breach
of this Agreement, or any material misrepresentation in the application submissions.
ARTICLE VII. Additional Provisions.
A. Project Description. The project is as described in the application with the following
changes: NONE
B. Changes or Clarification to the Application Related to Participating Parties:
NONE
C. Special Conditions:
• 7'•
U.S. Department of Housing City of Elgin
and Urban Development
David M. Dorgan
• 41140
(
Authorized Signature Authorized Signature
Donald P. Mains /71
DAS for Economic Development Title
3 —1- a V cfy
Date Date
Assistance Award/Amendment U.S. Department of Housing
and Urban Development
Office of Administration
1:Assistance Instrument 2.Type of Action
Cooperative Agreement X Grant I X I Award Amendment
3.Instrument Number 4.Amendment Number 5.Effective Date of this Action 6.Control Number
B-03-SP-IL-0235
7.Name and Address of Recipient 8.HUD Administering Office
City of Elgin CPD,EDI Special Project Division
150 Dexter Court 451 7th Street,SW,Rm 7146
Washington,DC 20410-7000
Elgin, IL 60120
EIN: 36-6005862 8a.Name of Administrator 8b.Telephone Number
10. Recipient Project Manager 9. HUD Government Technical Representative
Laura Stillwell 202-708-3773, Extension: 7037
David M. Dorgan
11.Assistance Arrangement 12. Payment Method 13.HUD Payment Office
Cost Reimbursement Treasury Check Reimbursement Chief Financial Officier
II Cost Sharing Advance Check
Fixed Price I XI Automated Clearinghouse
14.Assistance Amount 15.HUD Accounting and Apropriation Data
Previous HUD Amount 15a.Appropriation Number 15b. Reservation Number
HUD Amount this Action $402,367.00 • 86 3/5 0162 EID 03
Total HUD Amount $402,367.00 Amount Previously Obligated
Recipient Amount Obligation by this Action $402,367.00
Total Instrument Amount $402,367.00 Total Obligation $402,367.00
16.Description
Construction of pedestrian improvements
This Award consists of the following items which are appended to and hereby made part of this Award:
(A) Cover Page - HUD 1044
(B) Grant Agreement
Special Conditions:
Please contact Steve Vahl - HUD Area Environmental Officer at, concerning environmental review.
NO FUNDS may be drawdrawn prior to environmental release of funds approval.
17. Recipient is required to sign and return three(3)copies of 18'
X Recipient is not required to sign this document.
this document to the HUD Administering Office.
19.RAniniant(By Name): 20.HUD(By Name): .
David M. Dorgan Donald P. Mains
Signature&Title: Date: Signature and Title: D te:
City Manage a G�'��;f�,/rr�� J/:2 OP DAS for Economic Development 3/Z/v
Previous Editions are Obsolete form HUD-1044(8/90)
Ref.Handbook 2210.17
• I
U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
WASHINGTON,D.C.204 I 0-1000
1111111tI1
OFFICE OF THE ASSISTANT SECRETARY FOR
COMMUNITY PLANNING AND DEVELOPMENT
March 10, 2004
Ms. Joyce Parker
City Manager
City of Elgin
150 Dexter Court
Elgin, 11, 60120
Dear Ms. Parker:
I am returning a signed copy of your grant agreement and the HUD 1044 for your records.
Your financial documents have been sent for processing. Please allow 14 business days from
the date of this letter to initiate your first drawdown. Please let me know if I can be of further
assistance. I may be reached at (202) 708-3773, ext. 7037, fax (202)-708-7543, or
Laura_J._Stillwell@hud.gov.
We look forward to your successful completion of the project.
Sincerely,
4
4011
r. tillwell
Special Projects Division