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EDI Grant Port of Dbq land acquisition final ~~~JE ~t/k.~ MEMORANDUM July 5, 2005 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Closeout of HUD EDI Grant In June of 2003 the City received a $357,660 Economic Development Initiative (EDI) grant for land acquisition and cleanup in the Port of Dubuque. Economic Development Director David Heiar recommends City Council approval of the Certificate of Completion and Grant Close-out Agreement for the EDI grant from the Department of Housing and Urban Development. I concur with the recommendation and respectfully request Mayor and City Council approval. (>JJ ~ Mi~hael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager David Heiar, Economic Development Director "-it""'..... , . '..../ ... .~. ,n1 - \.._.. ~_~_ J \ l --' ...~.' _.~.~, ~...l D~~~E ~<k~ MEMORANDUM June 28,2005 TO: FROM: Michael Van Milligen, City Manager David Heiar. Economic Development DirectoG~ Closeout of HUD EDI Grant SUBJECT: INTRODUCTION The attached resolution provides for the approval and submission of the Certificate of Completion and Grant Close-out Agreement for the Economic Development Initiative (EDI) grant from the Department of Housing and Urban Development. DISCUSSION In June of 2003 the City received a $357,660 EDI grant through our Congressional delegation for "land acquisition and cleanup" in the Port of Dubuque. The City used the funds to demolish the buildings on the former Dubuque Hardwoods, Miller Trucking, Klauer, and Peavey sites, and prepared the sites for redevelopment. The City also used the funds for asbestos abatement at the former Dubuque Star Brewery and to purchase the Stealth Race Cars property. All of the grant funds have been requested and received from HUD. The Director of HUD's Congressional Grants Division has transmitted the final administrative closed out documents, and has requested the City's completion and signature of the documents. I have prepared the Certificate of Project Completion and the Grant Close-out Agreement for approval and submission to HUD. Both are attached for City Council review. The attached resolution has also been prepared for City Council approval. RECOMMENDATION I recommend the City Council adopt the attached resolution, approving the Certificate of Project Completion and the Grant Close-out Agreement, and authorizing the submission of these documents to HUD. F:\USERS\WBaum\EDI grant\Memo on final closeout documents June 05.doc RESOLUTION NO. 322-05 A RESOLUTION AUTHORIZING THE SUBMISSION OF CERTIFICATE OF COMPLETION AND GRANT CLOSE-OUT AGREEMENT TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Whereas, the City of Dubuque received a Special Project Grant award from the Department of Housing and Urban Development (HUD) for Economic Development Initiative assistance in the amount of $357,660 to be used for the acquisition, cleanup, mitigation, and site preparation of properties in the Port of Dubuque, and Whereas, the City has completed the activities described in the grant agreement, and has received a Certificate of Project Completion and Grant Close-out Agreement from HUD, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached Certificate of Completion and the Grant Close-out Agreement for the 2003 Economic Development Initiative (EDI) Special Project Grant B-03-SP-IA-0193 is hereby approved. Section 2. That the Mayor is hereby authorized to execute the Certificate of Completion and Grant Close-out Agreement for submission to the Department of Housing and Urban Development. Passed, approved, and adopted this 18th day of July, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk F:\USERS\WBaum\EDI grant\Resolution approving EDI Grant Closeout Agreement.doc U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CERTIFICATE OF PROJECT COMPLETION FOR EDI-SPECIAL PROJECT GRANT NO. B-03-SP-IA-0193 The Grantee, City of Dubuque, hereby certifies that: 1) the project as described in the approved application has been performed/completed in accordance with the terms and conditions of the executed Grant Agreement and applicable Grant award statute; 2) all data provided below fairly reflect costs and sources of funds for the project; 3) all data are taken from the HUD approved Financial Status Report and other current related documents; and 4) the Grantee has complied with all the requirements of the Grant Agreement. Description Amounts $ 1) Grant amount per Grant Agreement 357,660 2) Grant amount that meets the allowable and allocable requirements, including the necessary and reasonable standard, ofOMB Circular A-87 or A-I22 357,660 3) Cumulative Grant funds drawn down. 357,660 4) Balance available for drawdown. 0 (line 2 minus line 3 if greater than zero) 5) Amount to be returned to HUD. 0 (line 2 minus line 3 ifless than zero) 6) Unused Grant amount to be canceled by HUD 0 (line 1 minus line 3 minus line 4 if greater than zero) Terrance M. Duqgan. Mavor Name/Title of Grantee Official Signature of Authorizing Grantee Official 7/18/05 Date (WARNING: Section 1001, Title 18 of U.S. Code (Criminal Code and Criminal Procedure, 72 Stat. 967) applies to the above statements.) TIllS CERTICATE OF PROJECT COMPLETION IS HEREBY APPROVED: Francis P. McNally Director Congressional Grants Division Nameffitle of Authorizing HUD Program Official Signature of Authorizing HUD Official Date U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT GRANT CLOSEOUT AGREEMENT FOR 2003 EDI-SPECIAL PROJECT GRANT NO. B-03-SP..IA-o193 This Agreement, enter into by and between City of Dubuque, Dubuque, IA hereinafter referred to as "Grantee") and the u.S. Department of Housing and Urban Development (hereinafter referred to as "HUD"). 1. Whereas, the Grantee undertook activities with financial assistance in the amount of $357,660 from HUD provided pursuant to the authority of Title IT of Public Law 106-377 for project nO.B- 03 - SP- IA- 01 93. hereinafter referred to as "project". 2 Whereas, the Grantee and HUD entered into a Grant Agreement dated 1 0 / 0 1 / 0 3 , as revised by amendments, hereinafter referred to as the "Grant Agreement", and; 3. Whereas, the authorized and specified activities which comprise the project have been completed by the Grantee andlor other participating parties, as required by the Grant Agreement, and; 4. Whereas, the Grant Agreement requires compliance with 24 CFR Part 84 or 85, as applicable, which includes requirements continuing after Project completion related to use and disposition of real or personal property purchased with Federal funds, retention of and access to records after close-out dis-allowances of Grant payments, and collection of amounts due; 5. Whereas, the parties hereto desire to close-out the project in reliance upon: 1) Grantee's final progress/performance report including financial data and a performance/narrative report; and 2) the Grantee's Certificate of Project Completion. Now therefore, in consideration of the mutual covenants, promises and representations contained herein, the parties hereto agree as follows: Section A. The Grantee shall continue to comply with the applicable requirements of24 CFR Part 84 or 85, as applicable, related to the use and disposition of real or personal property purchased with Federal funds, retention of and access to records, after close-out dis-allowances of grant payments, and collection of amounts due. Section B. The Grantee agrees to the Total Grant Amount for the Project, including any reduction in the grant amount caused by a decrease in cost, as indicated on the Grantee's Certificate of Project Completion attached hereto and made a part hereof; Section C. Any excess grant funds drawn by the Grantee, in the amount specified in Line 5 of the Certificate of Project Completion shall have been or shall be returned immediately to HUD under the following repayment terms: None Section D. Any grant funds remaining in the Grantee's Line of Credit account for the referenced Project have been reduced to zero (0) pending any final draw indicated as a positive balance on line 7 of the Certificate of Project Completion. Grantee shall draw down this balance within the following period N / A or Credit to zero (0) and the Grantee shall have waived its rights to the remaining funding. Section E. Execution of this Agreement shall constitute completion of the Project activities and financial closeout of project costs, except for ongoing requirements described in Section A of this Close-out Agreement. This Close-out Agreement shall be followed as required by the Program directives cited therein and the following additional post close-out requirements shall be followed as committed to in the approved application which was incorporated in the Grant Agreement: None Section F. If any provision of this Agreement is held invalid, such holding shall not affect the validity of the remainder ofthis Agreement. Section G. If a default occurs under this Agreement or under the Grant Agreement, HUD may at any time proceed to protect all rights available to HUD under this Agreement or under default provisions of the Grant Agreement. Section H. Special Conditions required by this Agreement are attached: None Citv completed environmental review & received release of funds fromHUD on 9/10/03. This Grant Close-out Agreement is hereby executed and delivered by the parties hereto on the dates set forth below their respective signatures and the Grantee agrees to abide by all governing regulations as of the date executed by HUD. Grantee's Authorized Official Name: Terrance M. Duqqan Signature: Title: Mayor, City of Dub~9ue Date: HUD's Authorized Official Name: Francis P. McNally Title: nirf"r.tor Signature: Date: (DATE OF EXECUTION OF AGREEMENT)