HUD 92047 Grant Agreement

Emergency Capital
Repair Program Grants

U.S. Department of Housing
and Urban Development
Office of Housing

Grant Agreement

Federal Housing Commissioner

OMB Control No. 2502-0542
(exp. 03/31/2010)

Public reporting burden for this collection of information is estimated to average 4 hours per response, including the
time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information. HUD may not collect this information, and you are not required
to complete this form, unless it displays a currently valid OMB control number.
This collection of information is required for HUD’s Emergency Capital Repair Program Grants. This program is
authorized under Section 202(b) of the Housing Act of 1959 (12 U.S.C. 1701q-2). The information is necessary to
assist HUD in determining applicant eligibility and evaluating the request for repairs. A thorough evaluation of an
applicant’s qualifications and capabilities is critical to protect the Government’s financial interest and to mitigate any
possibility of fraud, waste, or mismanagement of public funds. This collection of information does not collect any
sensitive information. HUD does not ensure confidentiality.

EMERGENCY CAPITAL REPAIRS PROGRAM GRANT AGREEMENT
Grant Number:
Project Name:

______ Grant Amount: ______________________
______________________________________________________

Project Address: _____________________________________________________
Project Number:

Section 8/PRAC Number: _________________

Number or Units:
Effective Dates: ____________ to ________________
LOCCS Program Area: ALCP PAS Program Code: ECR
LOCCS 3 Digit Program Identifier: 115
Owner: _____________________________________________________________
This Grant Agreement between the Secretary of Housing and Urban Development
(HUD) and _________________ (Grantee), whose 9-Digit Tax I.D. number is
___________, is made pursuant to the Notice providing funding published in the Federal
Register on ________________.
The assistance, which is the subject of this Grant Agreement, is authorized by
_______________________________________________________________________
_______________________________________________________________________
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_______________________________________________________________. The term
“grant” or “grant funds” means the assistance provided under this Grant Agreement. The
term “Application” means the application submission on the basis of which this grant was
approved by HUD, including the certifications and assurances and any information or
documentation required to meet the grant award conditions. The Application is
incorporated herein as part of this Agreement; however, in the event of a conflict between
any part of the Application and any part of this Agreement, the latter shall control. HUD
agrees, subject to the terms and conditions of this Agreement, to provide grant funds in
the amount specified for the approved project described in the Application.
HUD’s maximum funds awarded for this project is $______________ to enable
the Grantee to make emergency capital repairs which present an immediate threat to the
health, safety, and quality of life of the tenants. Funds will be obligated and made
available upon execution of the Grant Agreement. As with all programs, these funds are
subject to the availability of appropriations.
ARTICLE I. HUD REQUIREMENTS
A. The grant funds will only be used for activities described in the Application, as
approved by HUD. Eligible costs will include the repair or replacement of systems, but
not limited to (1) major building and structural components that are in critical condition,
and, (2) repairs or replacements to mechanical equipment to the extent they are necessary
for health and safety reasons.
B. Grantees are required to expend grant funds according to the approved budget
and timetable unless HUD approves a change.

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C. The accounting systems of all grantees must ensure that grant funds are not
commingled with any other funds. Where a grantee’s accounting system cannot comply
with this requirement, it is required that the grantee establish an auditable system to
provide adequate accountability for the funds that are awarded.
D. The grantee has the responsibility to assure that there is no duplication of
federal funds.
E. If there are less than 10 years remaining on the existing mortgage, grantees
must enter into a Rental Use Agreement, to extend the remaining affordability of the
project for up to 10 years.
F. The emergency capital repairs funded under this agreement must pose a threat
to the immediate health and safety needs that have an impact upon the quality of life of
the tenants if the repairs are not made.
ARTICLE II. APPLICABLE EQUAL OPPORTUNITY REQUIREMENTS
A. 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.
B. The requirements of title VI of the Civil Rights Act of1964 (42 U.S.C. 2000d)
(Nondiscrimination in Federally Assisted Programs) and implementing regulations issued
at 24 CFR part 1.
C. 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 persons with

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disabilities under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and
implementing regulations at 24 CFR part 8.
D. 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.
E. For those grants funding construction covered by 24 CFR part 135, the requirements of
section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) which
require 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.
F. 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 the
grant funded activities.
G. Grantee where applicable shall maintain records of its efforts to comply with
requirements cited in paragraphs E and F.
ARTICLE III. OTHER HUD REQUIREMENTS
A. Administrative Requirements of OMB Circular A-133, “Audits of States, Local
Governments and Non-Profit Organizations.”
B. Administrative requirements of 24 CFR part 84, including the procurement
requirements of 24 CFR 84.44, and the requirements of OMB Circular A-122 regarding
Cost Principles for Non-Profit Institutions.

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C. The regulations at 24 CFR part 87, relating to lobbying, including the requirement
that the Grantee obtain certifications and disclosures from all covered persons.
D. Restrictions on participation by ineligible, debarred or suspended persons or entities
as described in Executive Order 12549 and 24 CFR 5.105(c).
E. 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.
F. Compliance with the Davis-Bacon requirements and the Contract Work Hours and
Safety Standards Act as applied to this program.
ARTICLE IV. CONDITIONS PRECEDENT TO DRAWDOWN
A. The Grantee has received and approved any certifications and disclosures required by
24 CFR 87.100 concerning lobbying and by 24 CFR 24.510(b) regarding ineligibility,
suspension and debarment.
B. Compliance with any and all conditions precedent to the receipt of grant funds.
ARTICLE V. DRAWDOWNS
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 84 and Treasury Circular 1079
(32 CFR part 205).

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C. Grantee, to help ensure completion of the repairs, shall obtain from the contractor a
copy of plans and specifications; shall assure that grant funds allocated for repair costs
will be at a rate not to exceed the percentage of project completion; shall withhold ten
percent of payments of projects from the contractor pending completion; and shall not
permit repairs to begin until all funds needed for completion of the repairs have been
committed to the project.
D. Grantees should submit LOCCS/VRS Payment Voucher, Form HUD-50080-ECRP,
each time they draw down funds from LOCCS.
ARTICLE VI. PROGRESS REPORTS
A. Grantee shall submit a progress report every six months after the effective date of the
Grant Agreement. Progress reports shall include reports on both performance and
financial progress and shall conform with 24 CFR 84.50 and 84.53. Additional
information or increased frequency of reporting may be required by HUD.
B. The performance reports must contain the information required under 24 CFR
84.51(a), 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.
C. Financial reports shall be submitted on Standard Form (SF) 269 and the following: for
repair costs, SF-271; for non-construction costs, a breakdown in costs similar to SF424A.
D. No grant payments will be approved for projects with overdue progress reports.

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ARTICLE VII. PROJECT CLOSEOUT
A. The Grantee shall initiate project closeout within 30 days of project repair completion.
At HUD’s option, the Grantee may delay initiation of project closeout 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 closeout 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 grant term may not exceed one year (measured from date of obligation to
completion of repairs), unless otherwise approved by HUD. Any term extension must be
preceded by a written narrative justification acceptable to HUD.
D. Within 90 days after HUD’s approval to initiate closeout, the Grantee shall provide to
HUD the following in the format(s) approved by HUD: (1) a certification of project
completion; (2) a certification of compliance with all the requirements of the Grant
Agreement; (3) a report giving the amount and types of project costs charged to the grant
meeting OMB Circular A-122 standards; (4) a certification of the costs charged to the
project and sources of other project funds; and (5) a final performance report providing a
comparison of actual accomplishment with each of the project objectives, the reasons for
any slippage and additional pertinent information, including explanation of significant
cost overruns.

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E. 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, equal the grant amount plus other
sources of project funds provided.
F. At closeout, the Grantee shall provide a performance report, which includes a
comparison of the actual accomplishment to the original scope of the work.
G. When HUD has determined that the grant funds are allowable, the activity was
completed as described by the Grant Agreement, and all federal requirements were
satisfied, HUD and the Grantee will sign the Closeout Agreement.
H. The Closeout Agreement will include the Grantee’s Agreement to abide by any
continuing federal requirements.

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ARTICLE VIII. DEFAULT
A default under this Grant Agreement shall consist of using grant funds for a
purpose other than as authorized by this Agreement and any noncompliance with
statutory, regulatory, or other requirements applicable to this Agreement, or any material
misrepresentation in the application submission.
IN WITNESS WHEREOF, the parties hereto have executed this Grant Agreement the

_____ day of ________, 20__.

United States of America
Secretary of Housing and Urban Development
By _____________________Name
Signature

Date
Official Title

Grantee
By _____________________Name
Signature

Date
Official Title

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