HomeMy WebLinkAboutResolutions - 2011.02.17 - 10591February 17, 2011
REPORT (misc. #11039)
BY: Human Resources Committee, John A. Scott, Chairperson
RE: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS
— COMMUNITY AND HOME IMPROVEMENT DIVISION — FY 2010 HOUSING
COUNSELING GRANT ACCEPTANCE
TO: Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Human Resources Committee having reviewed the above referenced
resolution on February 9, 2011 reports with the recommendation the resolution be
adopted.
Chairperson, on behalf of the Human Resources Committee, I move the
acceptance of the foregoing Report.
HUMAN RESOURCES COMMITTEE
•
HUMAN RESOURCES COMMITTEE VOTE
Motion carried unanimously on a roll call vote with Hatchett absent
PLANNIN
- V
BUILDING COMMITTEE
MISCELLANEOUS RESOLUTION 101039 February 17, 2011
BY: PLANNING AND BUILDING COMMITTEE, DAVID W. POTTS, CHAIRPERSON
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS - COMMUNITY
AND HOME IMPROVEMENT DIVISION — FY 2010 HOUSING COUNSELING GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies, and Gentlemen:
WHEREAS the U.S. Department of Housing and Urban Development (HUD) has awarded the
Department of Economic Development and Community Affairs, Division of Community and Home
Improvement federal housing counseling grant funding in the amount of $93,769.08 for the fiscal period
October 1,2010 through September 30, 2011; and
WHEREAS this is the 16th year of the grant; and
WHEREAS the grant award of $93,769.08 represents A 13% variance from the application of
$108,117.00, and an increase of $37,793.08 from last year's award of $55,976.00; and
WHEREAS the grant provides a full range of housing counseling services, information and
assistance to housing consumers in improving their housing conditions and meeting the responsibilities of
home ownership and tenancy including information for first time homebuyers, pre-occupancy, rental
delinquency and mortgage default assistance, Home Equity Conversion Mortgage Program, home
improvement and rehabilitation resources, displacement and relocation resources and pre-foreclosure
assistance; and
WHEREAS the County intends to use the grant to supplement Community Development Block
Grant personnel funds allocated to deliver housing counseling services county-wide in accordance with
the Federal Comprehensive Housing Counseling Program guidelines; and
WHEREAS positions delivering housing counseling services are supplemented by Housing and
Urban Development (HUD) funding including one (1) SR FTE Housing Counsel and Homeless Services
Supervisor position (1090680-03354), one (1) SR FTE Senior Community and Home Improvement
Specialist position (1090680-00730), one (1) SR FTE Community and Home Improvement Specialist
position (1090680-10806), one (1) SR FTE Community and Home Improvement Field Technician position
(1090611-01457), and one (1) SR FTE Community and Home Improvement Assistant position (1090611-
06098); and
WHEREAS one (1) GF/GP FTE Community and Home Improvement Specialist position
(1090680-10998) provides counseling services and is also included to be partially funded by Housing and
Urban Development (HUD) funding for FY11; and
WHEREAS County funding is not required for this grant continuation; and
WHEREAS this grant has been reviewed and approved through the County Executive's Grant
Review Process; and
WHEREAS due to the grantor's constrained fifteen day time frame (January 13, 2011 — January
28, 2011) within which the executed grant agreements must be returned to the U.S. Department of
Housing and Urban Development prior to start of the Agreement, the Agreement has been sent to the
Board of Commissioners' Chairperson for signature prior to the completion of the County Executive's
Contract Review Process and the Board of Commissioners' Grant Acceptance Procedures.
NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners accepts the
FY 2010 Housing Counseling Grant in the amount of $93,769.08.
BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any
future commitment, and continuation of the special revenue positions in the grant is contingent upon
continued future levels of grant funding.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the
Board's Chairperson and the County Executive to execute the grant agreement and attached addendum
and to approve amendments and extensions up to a fifteen (15) percent variance from the award.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the
foregoing resolution.
PLANNING & BUILDING COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
G ' T REVIEW SIGN OFF Community & Home Improvement
Division
GRANT NAME: 2010 Housing Counseling Grant
FUNDING AGENCY: U.S. Department of Housing and Urban Development
DEPARTMENT CONTACT PERSON: Karr, Rieth 248 858 ,-5403
STATUS: Grant Acceptance
DATE: February 7, 2011
Pursuant to Misc. Resolution /01320, please be advised the captioned gain materials have completed
internal grant review. Below are the returned comments.
The captioned grant materials and grain acceptance package (which should include the Board of
Commissioners Liaison Committee Resolution, the grant agreement/contract, Finance Committee Fiscal
Note, and this Sign Off email containing grant review comments) may be requested to be placed. on the
appropriate Board of Commissioners' committee(S) for grant acceptance by Board resolution.
DEPARTMENT REV I EW
Department of Management and Budget:
Approved. ---- Laurie Van Pelt (1/26/2011)
Department of Human Resources:
approve -- Karen Jones (1/24/2011)
Risk Management and Safety:
Approved. — Andrea Plotkowski (1/26/2011)
Corporation Counsel:
The only legal concern I have with this grant agreement is the 3 following certifications in Section B 8 of the
Agreement (page 9)
"Grantee as an agency, and by incorporation, BUD program branches and affiliate as applicable, certifies:
h. That neither Grantee, nor any employee, board member, or partner has been suspended, debarred, or
otherwise restricted under the Department's or any other federal regulations (see CFR, Part 214).
i. That neither Grantee, nor any employee, board meniber , or partner, has been indicted of or, or convicted
of, a criminal offense that reflects upon the responsibility, integrity, or ability of the agency to participate in
housing counseling activities. An offense includes any criminal offense that can be prosecuted at a local,
state, or federal level.
That neither Grantee, nor any employee, board member, or partner, is subject to„ unresolved findings as a
result of HUD Or other governmental audit or investigations (see 24 CFR, Part 214)."
It is my understanding that the Housing Counseling Department is working with HUT) to get clarification on
how to comply with these certifications, --- Joel len Shortley Blaszczak (2/7/2011)
COMPLIANCE
The grant agreement references a number of specific federal and state regulations. Below is a list of these
specifically cited compliance related documents for this grant.
HUD Administrative Requirements for Grants (24 CFR, Part 85)
http://www.access.gno.gov/nara/cfr/waisidx_04/24cfr85_04,Ilfini
Single AiRlit At of 1984 (with amendments in 1996)
http://www.whitehouse.gov/ornb/linancialifin single audithind
FY 2010 HTJD NOFA published in the Federal Register
Section 106 of the Housing and Urban Development Act of 1968
Department of Housing and Urban Development Appropriations Act of 2010 (Public Law 111-117)
lift •://www.gpo .go v/fdsyslpkg/PLAW -1 Ilipub1117/pdf/PLAW-111publ I I 7.Rdf
"IUD Housing Counseling Program (24 CFR Part 214)
hftp://ecli-.oaccess.v,ov/e;iiititextllext-
idx?c==ecfr&sid=8e97e96e84e72c3e96c4619hf3 I 36ecic&rgn—divS&view—textiknode-24:2.1.1.2.10.2.157.2
Scidna-=24
HUD Handbook 7610.1
http://wwwuls.govioffices/admihudellosihandbooksihsah/7610.11index.c
Title VI of the Civil Rights Act of 1964 (42 U.S.0 Section 2000d)
littp://www .usdqi.gov/ertico r/coo rdltitlevi sta.t m
Title VIII of the Civil Rights Act of 1968 — Fair ...Housing Act (42 U.S.C. Section 3601, et seq.)
litt]?://www.usdoi.Rovicrtillousina/litle8.htni
HUD Nondiscrimination and Equal Opportunity in Housing Under Executive Order 11063 (24 CFR,
Part 107)
http://www.access.gpo.govinari/cfriwaisidx04/24cfr10T_04.1itml
The Rehabilitation Act of 1973, Section 504 (29 U.S.C. Section 794)
littp://w w.dol gov/oasamire taint es/sec504.1itm.
Age Discrimination Act of 1975 42 U.S.C. Sections 6101-6107
http ://www. do I „go v/o a s a TY I/Fe f.tS/Sla a C t .11t111
The Americans with Disabilities Act of 1990 (42 U.S.C., Sec 12101)
b (tp://viv,w.ad a. gov/pubs/ada.htm
Federal Office of Management and Budget (OMB) Circular No. A-87, A-102, and A-133
hirtn://www.whilehousc.gov/omblciroulars/index.html
HUD Reform Act of 1989 (42 USC Part 3545)
HUD Reform Act (24 CFR Part 4)
http://www.aecess.g pe.,c;ev/naraic fr/v;/ i s ictx_ 0,4/24cfr4 04.11trid.
Cost Principles for State, Local and Indian Tribal Governments (01V113 CIRCULAR A-87) (2 CFR
Part 225)
http:Liwww.access.g.ipo.govinclira/cfrilwaisidx _08/2cfr225 0 S .httul
Federal Funding Accountability and Transparency Act (FFATA) of 2006 (Public Law 109-282)
http://www.gpo.govifdsys/p14/PLA';\1-109pub1282/pdflPLAW -109pub1.282,pdf
Crimes and Criminal Procedure — Fraud and False Statements (18 'U.S.C. Section 1001)
hitp://www_tbocisafety..-a.ovi -lailu8cfraud,html
HUD Nonprocuremcnt Debarment and Suspension (2 CFR, Part 2424)
bitv//www.access.Qpo.gov/nara/Crtw uidx .0/2efr2424 OS U nil
HUD Government-Wide Requirements for a Drug Free Workplace (24 CFR, Part 21)
bItp://www .access .gp 0 go vinarale fr/w ai s idx_04/24efr21 04. hind
Federal Anti-Lobbying Limitation on use of appropriated funds to influence certain Federal
contracting and financial transactions (31 1.1SC 1352)
110:pi.quseo de $--zo 1/11S C 0 cle
cgi/fastweb .exe? 7ctdoc+uscview+t29132+18117-0++%28 Anti_Lobby 02%29%20°/020ANIP/020%28%2831
9/29%20ADJI,%20 U SC%29%3ACITE%20%20%20%20°/020/020%20%20°/020
HUD Restrictions on Lobbying (24 CFR, Part 87)
http: ltvvw w acc es s gpo govinara/cft-iwaisidx 04/24 c fr87 04.html
Lobbying Disclosure Act of 1995. (2 USC 1601)
htipliwww.senate.govireference/resources/ (If/contact:in 10465. df
The Education Amendments of '1972 (20 U.S.C., Sec 1681, 1683, 1685-86)
•latp://www sdoj ..s4ov/crikoricoordit itl st at. him
GRANT REVIEW FORM
TO: REVIEW DEPARTMENTS — Laurie Van Pelt — Karen Jones — Julie Secontine — Pat Davis
RE: GRANT CONTRACT REVIEW RESPONSE — Economic Development & Community Affairs
Dept., Community & Home Improvement Division
2010 Housing Counseling Grant Acceptance
U.S. Department of Housing and Urban Development
Attached to this email please find the grant document(s) to be reviewed. Please provide your review
stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting
comments, via reply (to all) of this email.
Time Frame for Returned Comments: January 28, 2011
GRANT INFORMATION
Date: January 18, 2011
Operating Department: Economic Development & Community Affairs - Community & Home
Improvement Division
Department Contact: Karry L. Rieth, Manager, Community & Home Improvement Division
Contact Phone: 248 858-5403
Document Identification Number:
REVIEW STATUS: Grant Acceptance, Resolution Required
Funding Period: October 1,2010 - September 30, 2011
New Facility / Additional Office Space Needs: N/A
IT Resources (New Computer Hardware / Software Needs or Purchases): N/A
M/VVBE Requirements: Yes required by: 24CFR85.36(e) and compliance with OMB Circular A-102
Funding Continuation/New: Annual National Competition Grant - 16 th year of funding
Application Total Project Amount: $449,215.00 ($108,117 Housing Counseling Grant Application
includes: $48,117 Comprehensive Housing Counseling Grant Funding; $35,000, Supplemental Mortgage
Modification & Mortgage Scam Assistance, and $25,000 Supplemental Reverse Mortgage Counseling
Funding). The Housing Counseling Grant totaling $108,117 will be supplemented with $144,668 of FY
2010 Community Development Block Grant (CDBG) funds, $112,430 of Neighborhood Stabilization
Program (NSP) Homebuyer Counseling funds, and $84,000.00 of Michigan State Housing Development
Authority (MSHDA) Housing Counseling funds for a total project budget of $449,215.00.
Prior Year Total Funding: $55,976 Housing Counseling Grant Award
New Grant Funded Positions Request: N/A
Changes to Current Positions: Existing Housing Counseling Program Positions: g 03354 Kathy
Williams; 406098 JoAnne Hill-Brookshear; #00730 Lon Shook; #10806 Margaret Harris; #01457
Shameka Davenport; #10998 Terri Guzzy
Grantor Funds: S93,769.08 Housing Counseling Grant ($42,374.36 for Comprehensive Counseling,
$16,394.72 for Reverse Mortgage Counseling and $35,000.00 for Mortgage Modification/Mortgage
Scams Assistance.) The Housing Counseling Grant totaling $93,769.08 will supplement $175,716.92 of
CDBG funds, $161,942.00 of NSP funds, estimated $84,000 of MSHDA funds and $84,000 of Oakland
County funds for a total $599,428.00 budget.
Total Budget: $599,428.00 (The total budget is adjusted from the $449,215.00 total original application
budget to reflect costs associated with 1 additional FTE position #10998 funded by Oakland County and
Division reorganization to increase Housing Counseling unit support staff time allocations for position
#06098.)
Match and Source: No match obligation
PROJECT SYNOPSIS
'the FY 2010 Housing Counseling (HC) Grant ($93,769.08) provides funding to provide a full range of
housing counseling services to help housing consumers improve housing conditions and meet the
responsibilities of home ownership and tenancy. Services include pre and post home purchase
counseling, mortgage default and foreclosure assistance, Home Equity Conversion Mortgage Program
(Reverse Mortgage) counseling, landlord/tenant responsibility information, subsidized housing
information, home improvement and rehabilitation resources, fair housing information and displacement
and relocation resources.
The annual competitive and variable HC grant award supplements primary Federal Community
Development Block Grant (CDBG), Federal Neighborhood Stabilization Program (NSP), Michigan State
Housing Development Authority (MSHDA) and Oakland County funds used to support housing
counseling costs. Once HC grant funds are awarded they are expended for salary and fringe benefit costs.
* a,
?'z, 11111111
U.S. Department of Housing and Urban Development
Homeownership Center
The Wanamaker Building
100 Penn Square East
Philadelphia, Pennsylvania 19107-3389
January 12, 2011
Kathy A. Williams
OAKLAND COUNTY HOUSING COUNSELING
250 Elizabeth Lake Road
Suite 1900
Pontiac, MI 48341-0414
DUNS NUMBER: 136200362
Dear Kathy A. Williams:
I am pleased to inform you that OAKLAND COUNTY HOUSING COUNSELING has
been conditionally awarded a total grant of $93,769.08 to conduct a housing counseling program
on behalf of the Department of Housing and Urban Development (HUD) in accordance with the
Housing Counseling Notice of Funding Availability (NOFA) posted on the HUD Website July
26, 2010, and with the work plan submitted in your application. Funds will be obligated and
made available upon execution of the Grant Agreement and the timely submission of all the
documents and information requested in this letter. Please note that funds are subject to the
availability of appropriations.
Funds for this grant shall be used as follows:
$42,374.36 COMPREHENSIVE COUNSELING
$16,394.72 REVERSE MORTGAGE COUNSELING
835,000.00 MORTGAGE MODIFICATION/MORTGAGE SCAMS ASSISTANCE
Enclosed, you will find one copy of the Grant Agreement and three copies of Form HUD-
1044, Assistance Award/Amendment, for the category of funding approved under HUD's Fiscal
Year (FY) 2010 Housing Counseling NOFA. Please sign and date all copies of the 1044s, retain
one copy for your records, and return two copies to William Morad, at the address above, within
15 days of the date of this letter.
Also, please verify that HUD's Housing Counseling System (HCS) contains the correct
name and telephone number of the individual in your organization who will be the daily contact
person for HUD regarding your housing counseling program.
In addition, as a condition of award, the following documents and/or information, if
applicable, must be submitted within 15 days of the date of this letter:
Fair Housing, It's Not An Option. It's The Law.'
www.hud.gor esponol.hud.gov
COUNTY OF OAKLAND
Community & Home Improvement Division
Housing Counseling & Homeless Services Unit
2010 HOUSING COUNSELING GRANT
Detailed Budget
HUD Share HUD Share HUD Share Other HUD Funds State Share Local Share TOTALS
Comprehensive Mortgage Reverse Community Neighborhood Michigan State Oakland
llousing Modification Mortgage Development Stabilization Housing County
Counseling & Mortgage Counseling Block Grant Program (NSP) Development
Scam (CDBG) Grant Authority
Assistance Homeownership
Counseling
Personnel $26,348.36 $21,350.00 $10,329.72 $87,320.92 $96,580.00 $40,163.00 $58,655 $3 40,747.00
(direct labor)
Fringe Benefits $16,026.00 $13,650.00 $ 6,065.00 $53,053.00 $57,947.00 $24,097.00 $25,345 $196,183.00
Travel/Training
Local Private $ 1,100.00 $ 500.00 $ 1,600.00 Mileage
Training $ 2,000.00 $ 400.00 $ 2,400.00
Transportation $ 2,400.00 $ 480.00 S 2,880.00
Supplies
Consumable $ 1,918.00 $ 385.00 $ 2,303.00
Non- $11,323.00 $ 2,300.00 S 13,623.00 consumable
Other Direct $16,602,00 $ 3,350.00 $19,740.00 $ 39,692.00
Costs
* $42,374.36 * $35,000.00 * $16,394.72 $175,7 6 92 , S 61,942.00 $84,000.00 $84,000 $599,428
W The total Housing Counseling Grant "HUD Share" of $93,769.08 represents Comprehensive Housing Counseling funding ($42,374.36),
supplemental funding for Mortgage Modification & Scam Assistance ($35,000) and Reverse Mortgage Counseling ($16,394.72). The total $93,769.08
HUD Counseling Share is 16% of the total housing counseling budget.
The Detailed Budget of $599,428 varies from the original budget of $449,215 submitted due to the addition of two housing counseling staff funded
through a new Oakland County Local Share of $84,000 and the Neighborhood Stabilization Program Funds. Increased salaries, fringes and related
operations costs for the 2 positions are spread across the "Other HUD Funds" in CDBG and NSP and "Local Share".
1. Indirect Cost .Rate Documentation. See page 15 of the Housing Counseling NOFA
posted to the HUD Website July 26, 2010, for a detailed explanation of this
requirement. If your organization does not incur indirect costs, or will not apply them
to this grant, please state so in writing.
Financial Manaoement Systems. Grantees must submit documentation demonstrating
that the organization's financial management systems satisfy the requirements in the
applicable regulations at 24 CFR 84.21(b) and 85.20. Additionally, consistent with
the requirements of the Single Audit Act Amendments of 1996 (31 U.S.C. §§ 7501-
07), all grantees that expended $500,000 or more in Federal awards in the most recent
fiscal year must submit to HUD the audit documentation in accordance with OMB
requirements as established in 24 CFR part 84.
3. Code of Conduct. If not submitted as part of the relevant grant application, Grantees
must submit a written Code of Conduct that: prohibits real and apparent conflicts of
interest that may arise among officers, employees, or agents; prohibits the solicitation
and acceptance of gifts or gratuities by officers, employees and agents for their
personal benefit in excess of minimal value; and outlines administrative and
disciplinary actions available to remedy violations of such standards. The code of
conduct must be written on company letterhead that provides a mailing address,
authorized offiCial name, telephone number, and DUNS number, and must be signed
and dated by the executive director, or chair of the governing body of the
organization. Also, describe the methods used to ensure that all officers, employees,
and agents of the organization are aware of the Code of Conduct. A more detailed
description of the written Code of Conduct is located on page 26 of the General
Section of the FY 2010 HUD NOFA, published in the Federal Register on June 4,
2010.
An applicant who submitted an application during FY 2008 or FY 2009 and included
a copy of its code of conduct will not be required to submit another copy if the
applicant is listed on HUD's Web site at
http ://www.hud. gov/offices/adm/grants/codeofconduct/cconduct
and the information has not been revised. An agency not listed on the above website
must submit a copy of its code of conduct as a condition for award.
4. Award Budget. Submit a detailed, comprehensive budget listing all proposed
expenses under the grant. At a minimum, if applicable, the budget must include
salaries, fringe and other benefits, training, travel, rent, phone, postage, supplies,
technology/equipment, and indirect costs. The budget must account for how every
dollar being billed to the grant will be spent. If the budget differs from that submitted
with the application, explain in detail any changes. You may revise the form HUD-
424-CB submitted with the application, or you may submit a budget in the format of
your choosing if the form HUD-424 CB does not provide enough detail. The key is
that all expenses are itemized. If using form HUD-424 CB, entries relevant to the
grant must be made in column 1, HI-1D share.
Intermediaries, Multi-State Organizations (IVIS0s) and State Housing Finance
Agencies (SHFAs) n-tust also submit a detailed budget accounting for how all
administrative funds, in other words funds not passed through to sub-grantees or
allocated to branches but used to run the program, will be spent by the Intermediary,
MSO, or SHFA, including training, travel, salaries, indirect costs and equipment. A
separate budget must be submitted for each grant awarded,
5. Revised Form HUD-96010, Program Outcome Logic Model. If the grant award
amount listed above is different from the amount requested in the grant application,
grantees must submit an adjusted Form HUD-96010 based on the actual award
amount. Adjusted projections should be consistent with the initial projections
submitted with the application and prorated to correspond to the actual award amount
but remain in the same proportion as initially submitted. You must update the form
HUD-96010 that was submitted through grants.gov as part of the relevant application.
Submit the revised logic rnodel form electronically via email to William Morad at
William.R.Morad@hud.gov.
Grantees will be required to submit an updated HUD Form-96010, Program Outcome
Logic Model, reflecting actual achievements with each quarterly, midterm and final
report in accordance with the reporting requirements of the Grant Agreement. The
information in this form provides the primary means through which HUD will
monitor the ongoing performance of its grantees. A separate logic model must be
submitted for each grant awarded.
6. Sub-allocation List. As a condition of award, Intermediaries, MSOs and SHFAs must
list sub-grantees and funded branches, and their corresponding sub-allocations, in
HCS.
7. Client Management System. As a condition of award, all Grantees must certify that
they, and all sub-grantees and funded branches, if applicable, utilize a client
management system (CMS) that meets HLTD's requirements and interfaces with
HUD's databases for the collection and submission of client-level data, form 1-IUD-
9902, and agency profile information. List all relevant agencies and the CMS they
utilize.
Documents and information must be submitted to:
William Morad
Department of Housing and Urban Development
Program Support Division
The Wariamaker Building
100 Penn Square East
Philadelphia, PA 19107-3389
• Once all information has been reviewed and approved by my staff, we will process the
award and return a countersigned copy of Form HUD-1044, Assistance Award/Amendment to
you. We will then establish an account for your organization. Information about procedures for
submitting an initial voucher can be found in the Grant Agreement.
If you have any questions or concerns, please contact William Morad at 215-861-7684.
We look forward to a productive partnership with your organization in helping to expand
affordable housing opportunities.
Sincerely,
Brenda J. Bellisario
Director
Program Support Division
Enclosures
1. Assistance Instrument
Cooperative Ag reement
2. -/pe of Action
Award Amendment Grant 1 1
8a. Name of Administrator 8b. Telephone Number
9. HUD Government Technical Representative
William Morad 215-861-7684
1
Amount Previousl y Obligated
Obligation by this action $42,374.36
Total Oblig ation $42,374.36
8610 / 110156 HC100321-049
Assistance Award/Amendment U.S. Department of Housin g
and Urban Development
Office of Administration
3. Instrument Number
HC10032.1 -049
I 4. Amendment Number 5. Effective Date of this Action
10/1/2010
6. Control Number
7. Name and Address of Recipient
OAKLAND COUNTY HOUSING COUNSELING
250 Elizabeth Lake Road - Suite 1900
Pontiac, MI 48341-0414
8. HUD Administering Office
Department of HUD, Program Support Division
The Wanamaker Building
100 Penn Square East
Philadelphia, PA 19107-3389
TIN NUMBER: 38-6004876
10. Recipient Project Manager
Kathy A. Williams 248 -858-5402
Assistance Arrangement
Cost Reimbursement
0 Cost Sharing
El Fixed Price
14. Assistance Amount
Previous HUD Amount
12. Payment Method
El Treasury Check Reimbursement
El Advance Check
X Automated Clearinghouse
13. HUD Payment Office
CFO Accounting Center/HUD
PO Box 901013
Fort Worth, TX 76101
15. HUD Accounting and Appropriation Data
15a. Appropriation Number I 15b. Reservation number
HUD Amount this action $42,374.36
Total HUD Amount $42,374.36
Recipient Amount
Total Instrument Amount $42,374.36
16. Description
FY 2010 - HOUSING COUNSELING GRANT VOUCHER UNDER LOCCS BUDGET LINE ITEM 9500.
GRANT TYPE: LHCA Comprehensive
17. Recipient is required to sign and return three (3) copies
of this document to the HUD Administering Office
19. Recipient (By Name)
181 1 Recipient is not req uired to sig n this document.
20. HUD (By Name)
Brenda J. Bellisario
Signature & Title Date (mmicidiyyyy) Signature & Title Date (mmiddiyyyy)
Director, Prog ram Support
form HUD-1044 (8/90)
ref. Handbook 2210.17
1. Assistance Instrument
, Cooperative Agreement
2. pe of Acton
IX Award Amendment Grant
11, Assistance Arrangement
N Cost Reimbursement
0 Cost Sharing
LI Fixed Price
14. Assistance Amount
Previous HUD Amount
12. Payment Method
LI Treasury Check Reimbursement
LI Advance Check
Automated Clearinghouse
Obligation by this action $16,394.72 Recipient Amount
17.
9. Recipient (By Name) 20. HUD (By Name)
Brenda J. Bellisario
Assistance Award/Amendment U.S. Department of Housing
and Urban Development
Office of Administration
3. Instrument Number
HC100322 -005
4. Amendment Number 5. Effective Date of this Action
10/1/2010
6. Control Number
7. Name and Address of Recipient
OAKLAND COUNTY HOUSING COUNSELING
250 Elizabeth Lake Road - Suite 1900
Pontiac, MI 48341-0414
TIN NUMBER: 38-6004876
10. Recipient Project Manager
Kathy A. Williams 248 -858-5402
8. HUD Administering Office
Department of HUD, Program Support Division
The Wanamaker Building
100 Penn Square East
Philadelphia, PA 19107-3389
8a. Name of Administrator 8b. Telephone Number
9. HUD Government Technical Representative
William Morad 215-861 -7684
13. HUD Payment Office
CFO Accounting Center/HUD
PO Box 901013
Fort Worth, TX 76101
15. HUD Accounting and Appropriation Data
15a. Appropriation Number I 15b, Reservation number
HC100322-005 HUD Amount this action
Total HUD Amount
$16,394.72
$16,394.72
8610 / 110156
Amount Previously Obligated
Total Instrument Amount
16. Description
$16,394.72 Total Obligation $16,394.72
FY 2010 - HOUSING COUNSELING GRANT VOUCHER UNDER LOCCS BUDGET LINE ITEM 9500.
GRANT TYPE: LHCA HECM
Recipient is required to sign and return three (3) copies
of this document to the HUD Administering Office
18.1 1 Recipient is not required to sign this document.
Signature & Title Date (mm/dd/yyyy) Signature & Title Date (mmicld/yyyy)
Director, Program Support
form HUD-1044 (8/90)
ref. Handbook 2210.17
Grant
4. Amendment Number
Amend men
8a. Name of Administrator 8b. Telephone Number
9. HUD Government Technical Representative
William Morad 215-861 -7684
15. HUD Accounting and Appropriation Data
15a. Appropriation Number I 15b. Reservation number
14. Assistance Amount
Previous HUD Amount
Assistance Award/Amendment
1. Assistance lnstrumen
Cooperative Agreement
3. Instrument Number
HC100326-013
7. Name and Address of Recipient
OAKLAND COUNTY HOUSING COUNSELING
250 Elizabeth Lake Road - Suite 1900
Pontiac, MI 48341-0414
U.S. Department of Housing
and Urban Development
Office of Administration
2. Type of Action
rci Award
5. Effective Date of this Action 6. Control Number
10/1/2010
8. HUD Administering Office
Department of HUD, Program Support Division
The Wanamaker Building
100 Penn Square East
Philadelphia, PA 19107-3389
TIN NUMBER: 38-6004876
10. Recipient Project Manager
Kathy A. Williams 248 -858-5402
11. Assistance Arrangement
Cost Reimbursement
LI Cost Sharing El Fixed Price
12. Payment Method
Li Treasury Check Reimbursement El Advance Check
E/1 Automated Clearinghouse
13. HUD Payment Office
CFO Accounting Center/HUD
PO Box 901013
Fort Worth, TX 76101
HUD Amount this action
Total HUD Amount
Recipient Amount
Total Instrument Amount
16. Description
$35,000.00
$35,000.00
$35,000.00
8610 / 110156
Amount Previously Obligated
Obligation by this action
Total Obligation
HC100326-013
$35,000.00
$35,000.00
FY 2010- HOUSING COUNSELING GRANT VOUCHER UNDER LOCCS BUDGET LINE ITEM 9500.
GRANT TYPE: LHCA Mortgage Modification/Scam Assistance
17. IN Recipient is required to sign and return three (3) copies
of this document to the HUD Administering Office
19. Recipient (By Name)
Date (mmiddlyyyy)
18. I I Recipient is not required to sign this document.
20. HUD (By Name)
Brenda J. Bellisario
Signature & Title Signature & Titie Date (mm/ddlyyyy)
Director, Program Support
form HUD-1044 (8/90)
ref. Handbook 2210.17
TABLE OF CONTENTS
ARTICLE
ARTICLE II
ARTICLE III
ARTICLE IV
ARTICLE V
ARTICLE VI
ARTICLE VII
ARTICLE VIII
ARTICLE IX
ARTICLE X
ARTICLE XI
ARTICLE XII
ARTICLE XIII
ARTICLE XIV
ARTICLE XV
ARTICLE XVI
ARTICLE XVII
ARTICLE XVIII
ARTICLE XIX
ARTICLE XX
ARTICLE XXI
ARTICLE XXII
ARTICLE XXIII
DEFINITIONS 2
PERIOD OF PERFORMANCE. 4
STATEMENT OF WORK 5
SUBCONTRACTS AND SUB-GRANTS 10
ADMINISTRATIVE REQUIREMENTS 13
INSPECTION AND ACCEPTANCE...... ........ . ...... ........ .................. .......... .......... ...... 14
CONDUCT OF WORK 14
PRICE................................. ......... ......,................. ....... ....... ..... ........... ....... ..................... ..... 14
REPORTING 18
CONFLICTS OF INTEREST
SECURITY OF CONFIDENTIAL INFORMATION ................... .............. ...................... 24
DEFAULTS AND REMEDIES 25
AMENDMENTS
RECORDKEEPING AND AUDITING ............................ .............. ........ ...... . ..... ................ 26
DISPUTES...... . ......... .................... ...... . ............ .............................. .......... ........ ..... ........ 26
AUDIT REQUIREMENTS . . 26
DEBARMENT AND SUSPENSION 27
DRUG-FREE WORK PLACE REQUIREMENTS 27
LOBBYING RESTRICTIONS ........ ..... ..................................... .......... ................................ 27
NONDISCRIMINATION REQUIREMENTS 28
MISCELLANEOUS..... ................................. ..... ..... ................... ..... ............... ......... 29
FY 2010/2011 Housing Counseling Grant Grant Agreement
THIS GRANT AGREEMENT (Agreement) is made between the United States
Department of Housing and Urban Development (HUD or Grantor) and the organization
specified in block seven (7) of the attached Form HUD-1044 (Grantee).
ARTICLE I -- GENERAL
This Agreement is authorized by Section 106 of the Housing and Urban Development
Act of 1968 (12 U.S.C. 1701x) (the Act) and the Tiansportation, Housing and Urban
Development, and Related Agencies Appropriations Act, 2010 (P.L. 111-117). The purpose of
this Agreement is to set forth the terms and conditions under which HUD will provide federal
financial assistance to Grantees to carry out a HUD-approved housing counseling program under
the Act.
This Agreement is governed and controlled by the following documents, which are
incorporated by reference, as they may be amended from time to time:
1. 24 CFR, Part 214, Housing Counseling Program;
2. Section 106 of the Housing and Urban Development Act of 1968;
3. Applicable Federal Laws and Regulations;
4. Transportation, Housing and Urban Development, and Related Agencies
Appropriations Act, 2010 (P.L. 111-117);
5. Policy Requirements and the General Section of HUD's FY2010 Notice of
Funding Availability (General Section) for HUD's Discretionary Programs which
was published on June 4, 2010, and is posted on the HUD website, available at:
http://www.hud.gov/offices/adm/grants/nofal0/gensec.pdf
6. HUD's FY 2010 Housing Counseling Program Notice of Funding Availability
(Housing Counseling NOFA) posted on the grants.gov website, with an opening
date of July 27, 2010
7. HUD Handbook 7610.1, REV-5, Housing Counseling Program, as amended and
posted on HUD's website, available at:
http://vv-ww.hud.gov/offices/adm/hudclips/handbooks/hsgh/7610.1/index.cfm
(HUD Handbook 7610.1);
8. Grantee's application submission, including the application, the projected
performance work plan certifications, assurances, and documentation, to the
extent consistent with applicable laws, the Housing Counseling NOFA, General
Section, if applicable, this Agreement, and HUD Handbook 7610.1;
9. Form HUD-1044, Assistance Award/Amendment; and
10. Grantee's current HUD-approved Housing Counseling Work Plan. A participating
agency's plan to provide specified housing counseling activities and services in a
specified geographic area to resolve or mitigate identified community needs and
problems as defined in 24CFR, 214.3 and Handbook 7610.1 REV 5, 1-4.
FY 2010/2011 Housing Counseling 1 Grant Agreement
Projected Performance Work Plan — applicant's plan for how they proposed to
spend grant monies they are requesting pursuant to the NOFA. Grantee agrees to
carry out its eligible activities (See Article IV A.) under this Agreement. The
provisions of this Agreement shall apply to the Grantee, and where applicable,
Sub-grantees that will assist with carrying out this Agreement. Applicants that
applied for supplemental funds must have included a projected performance work
plan for each supplemental grant that they applied for.
ARTICLE II— DEFINITIONS
A. Action Plan means the plan that outlines what the housing counseling agency and the
client will do in order to meet the client's housing goals and, when appropriate, addresses
the client's housing problem.
B. Affiliate means a nonprofit organization participating in the HUD-related Housing
Counseling program of a regional or national intermediary, or state housing finance
agency. The affiliate organization is incorporated separately from the regional or national
intermediary or state housing finance agency. An affiliate is: (1) Duly organized and
existing as a tax-exempt nonprofit organization; (2) In good standing under the laws of
the state of the organization; and (3) Authorized to do business in the states where it
proposes to provide housing counseling services.
C. Branch or Branch Office means an organizational and subordinate unit of a local housing
counseling agency, multi-state organization, regional or national intermediary, or state
housing finance agency not separately incorporated or organized, that participates in
HUD's Housing Counseling program. A branch or branch office must be in good
standing under the laws of the state where it proposes to provide housing counseling
services. A branch or branch office cannot be a subgrantee, affiliate or applicant.
D. Clients Individuals or households who seek the assistance of an agency participating in
HUD's Housing Counseling program to meet a housing need or resolve a housing
problem.
E. Client Counseling File means a separate file maintained by the housing counseling
agency for each counseling client that documents the action plan and the services
provided to the client. Grantees and subgrantees must maintain files in accordance with
HUD Handbook 7601.1-Rev. 5, 5-7 and 5-8.
F. Government Technical Monitor (GTM) The GTM is HUD staff person that monitors the
activities of housing counseling grantees. This individual may be appointed to assist the
Government Technical Representative (GTR). The GTR may delegate duties to the
GTM.
G. Government Technical Representative (GTR) The GTR is HUD staff person that
monitors the activities of housing counseling grantees. This individual is responsible for
1 1.
FY 2010/2011 Housing Counseling 2 Grant Agreement
technical and financial oversight and evaluation of the Grantee's performance under this
Agreement. The GTR reviews and monitors the Grantee's work performance, payment
requests, and reports. The GTR is identified in block nine (9) of the attached Form HUD-
1044,
H. Grant Agreement means this Agreement.
I. Grantee means the HUD-approved counseling agency or housing finance agency that
receives housing counseling funds from HUD under this Grant Agreement. In the case of
an LHCA or MSO, Grantee includes the Branches or Branch Offices identified in
Grantee's Housing Counseling NOFA Application. In the case of an Intermediary,
Grantee includes the Branches or Branch Offices listed by the intermediary using the sub-
allocation tool in HUD's Housing Counseling System as a requirement of execution of
this grant document. Branches and Branch Offices of intermediaries may be amended,
pursuant to Article V, section (B)(2) of this Agreement.
J. Grant or Grant Funds means the federal funds provided by HUD for the purposes
outlined in this Agreement.
K. Grant Officer means the official authorized by HUD to execute and administer this
Agreement. The Grant Officer is identified in block twenty (20) of the attached form
HUD-1044.
L. Housing Counseling Work Plan means a participating agency's plan to provide housing
counseling activities and services in a specified geographic area to resolve or mitigate
identified community needs and problems as defined in 24CFR, 214.3 and Handbook
7610.1 REV 5, 1-4.
M. Intermediary means a HUD-approved organization that provides housing counseling
services indirectly through its Branches, or Affiliates, for whom it exercises control over
the quality and types of housing counseling services. As used in this Agreement, the
term Intermediary refers to any of the following entities:
(1) State Housing Finance Agency (SHFA) that provides housing counseling services
through its Affiliates or Sub-grantees;
(2) National Intermediary. A national intermediary provides in multiple regions of
the United States; (i) Housing counseling services through its branches or
affiliates or both; and (ii) Administrative and supportive services to its network of
affiliates or branches, including but not limited to, pass —through funding training,
and technical assistance.
Regional Intermediary. A regional intermediary provides in a generally
recognized region within the United States, such as the Southwest, Mid-Atlantic,
New England: (i) Housing counseling services through its branches or affiliates or
both; and (ii) Administrative and supportive services to its network of affiliates or
branches, including but not limited to, pass-through funding, training, and
technical assistance.
(3)
FY 2010/2011 Housing Counseling 3 Grant Agreement
N. Local Housing Counseling Agency (LIICA) means a housing counseling agency that
directly provides housing counseling services. An LHCA may have a main office, and
one or more branch offices, in no more than two contiguous states.
C.
Multi-state Organization (MS0) means a multi-state organization provides housing
counseling services through a main office and branches in two or more states.
P. Projected Performance Work Plan means the applicant's plan for how they proposed to
spend grant monies they are requesting in the NOFA. This includes a detailed budget
explaining how all requested grant funds will be spent.
State Housing Finance Agency (SHFA) means any public body, or agency, or
instrumentality created by a specific act of a State legislature empowered to finance
activities designed to provide housing and related facilities, through land acquisition,
construction or rehabilitation throughout an entire State. SHFAs may provide direct
counseling services or sub-grant housing counseling funds, or both, to affiliated housing
counseling agencies within the SHFA's state. The term State includes the several states,
Puerto Rico, the District of Columbia, Guam, the Commonwealth of the Northern
Mariana Islands, American Samoa, and the Virgin Islands.
R. Sub-grantee means an eligible organization to which the Grantee awards a sub-grant, and
which is accountable to the Grantee for the use of the funds provided. A Sub-grantee
may be separately incorporated or organized, but connected with an Intermediary or
SHFA for purposes of the Housing Counseling NOFA. In the case of an Intermediary or
SHFA that is a Grantee, Sub-grantees, if applicable, are listed by the Grantee using the
sub-allocation tool in HUD's Housing Counseling System as a requirement of execution
of this punt document. The list of Sub-grantees may be amended, pursuant to Article V,
section (B)(2) of this Agreement.
S. Other pertinent definitions are located in the Housing Counseling NOFA, 24 CFR, Part
214, and HUD Handbook 7610.1, as amended, are applicable to this Agreement.
ARTICLE III -- PERIOD OF PERFORMANCE
A. Period of Performance. The Period of Performance shall begin on October 1, 2010 and
expires at midnight on September 30, 2011,
B. Extensions. The Grantee does not have the authority to extend the period of performance
without the written approval of the Department. Grantee shall advise the GTR in writing
as early as possible, but no later than thirty (30) calendar days prior to the scheduled
expiration of the Period of Performance if an extension of the Period of Performance is
requested. This request must include the reasons, besides simply using any un-obligated
balance, why an extension is necessary and justified, the specific time frame of the
proposed extension, and an explanation of how the funds will be effectively spent within
the proposed extension period. HUD may approve a one-time extension, for good cause,
Q.
FY 2010/2011 Housing Counseling 4 Grant Agreement
on a case-by-case basis. Extensions, which are not routinely granted, will not he
exercised merely for the purpose of using un-obligated balances. Only the GTR is
authorized to approve extensions.
ARTICLE IV -- STATEMENT OF WORK
A Housing Counseling Services.
1. Scope of Services. The housing counseling services proposed in the Grantee's
projected performance work plan(s) represents the scope of services under this award,
The projected outputs in the projected performance work plan may be modified, if
agreed to by the GTR, if the amount of grant funds actually awarded were less than
requested in the application. Grant funds shall only be used for one or more of the
eligible services described in the Housing Counseling Notice of Funding Availability
(NOFA), HUD will not fund services proposed in the projected performance work
plan(s) that are not within the scope of eligible services.
Applicants that applied for supplemental funds must have included a projected
performance work plan for each supplemental grant that they applied for.
A Grantee must receive approval from the GTR before implementing any changes in
the projected performance work plan proposed in its application. A grant awarded
under the Housing Counseling NOFA is not intended to cover the total cost of
carrying out Grantee's counseling program, and Grantee shall obtain funds from
sources other than HUD to cover that portion of the program not funded by HUD.
Grantee, and its Sub-grantees, where applicable, shall furnish the necessary
personnel, materials, services, facilities (except as otherwise specified herein), and
otherwise do all things necessary for, or incidental to the performance of the work set
forth in this Agreement. Grantee must notify GTR in writing within fifteen (15) days
when there is a change in the management staff or housing counselors responsible for
the Grantee's housing counseling program. Grantee, and its Sub-grantees where
applicable, must be knowledgeable about HUD housing programs, including Federal
Housing Administration (FHA) programs, housing programs available in the
community and the local housing market, and discuss these programs with clients,
along with other viable alternatives, when applicable and appropriate.
2. Provision of Services.
To be considered eligible for reimbursement for one-on-one counseling, Grantee, by
and through an employed housing counselor, must perform and document these
activities:
• Budget / Financial Analysis — counselor must conduct an analysis of the
client's unique financial situation that includes a review of client's income,
expenses, spending habits, home values and use of credit; a comparative
analysis of the client's spending habits to determine if the clients habits are
FY 2010/2011 Housing Counseling 5 Grant Agreement
more suitable for renting than owning; and the establishment of a household
budget that the client can afford.
• Action Plan - Except for reverse mortgage counseling, the housing counselor,
together with the client, must establish an action plan that outlines what the
housing counseling agency and the client will do in order to meet the client's
housing goals and, when appropriate, addresses the client's housing
problem(s).
• Discuss Alternatives — counselor must discuss alternatives and options
available to the client. If the counselor provides information about a specific
service, program, feature or prOduct, he/she must also provide information on
relevant alternatives. If available, at least three reasonable and comparable
alternative sources must be provided. FHA products, features or programs
must be discussed as one of the three available mortgage alternatives, if
applicable. Counselor must document the discussion of alternatives, including
specific programs, services, features or products, in the client's counseling
file.
• Follow-up — counselor must make a reasonable effort to have follow-up
communication with the client, as required by HUD Handbook 7610.1-Rev. 5,
Section 3-5 (F), to assure that the client is progressing toward his or her
housing goal, to modify or terminate housing counseling, and to learn and
report outcomes.
To be considered eligible for reimbursement for group education, Grantee, by and
through an employed housing counselor, must provide formal classes with establish
curriculum and instructional goals.
When providing the eligible housing counseling services, Grantee, and its Sub-
grantees where applicable, shall:
(i) Coordinate with HUD, mortgagees, and public and private
community organizations that are also working with the client in
order to provide maximum service to the client.
(ii) Refer clients, as appropriate, to other community service
organizations.
(iii) Provide housing counseling services on a priority basis to low and
moderate income clients.
(iv) Contact and work with the appropriate mortgagee and HUD Office
to assist clients who are (i) in default on their monthly mortgage
payments, (ii) being considered under the Loss Mitigation
Program, or (iii) in financial difficulty or in default under a
forbearance agreement.
FY 2010/2011 Housing Counseling 6 Grant Agreement
(v) Provide specialized counseling on shared housing or referrals to
organizations providing such counseling and information on
available housing for sharing.
(vi) Provide counseling offices and services that are accessible to
persons with a wide range of disabilities.
(vii) Assist clients with locating suitable housing within Grantee's or
Sub-grantee's community, target area, or metropolitan areas as
defined by Grantee.
For those grantees receiving supplemental funding for Mortgage Modification and
Mortgage Scam assistance:
* The housing counseling agency must be located in the top 100 metropolitan
statistical areas with the highest rate of home foreclosures (as listed in HUD's
FY 2010 Housing Counseling Program Notice of Funding Availability
(Housing Counseling NOFA) posted on the grants.gov website, with an
opening date of July 27, 2010); {Counselors must ask and document the
following two questions of each homeowner to whom they provide
foreclosure prevention counseling in order to help identify possible loan
scams:
o Did anyone offer to help modify your mortgage, either directly,
through advertising, or by any other means such as a flyer?
o Were you guaranteed a loan modification or asked to do any of
the following: pay a fee, sign a contract, redirect mortgage
payments, sign over title to your property, or stop making loan
payments?
3. Mandatory Referrals. Grantee, and its Affiliates or Sub-grantees, where applicable,
agrees to serve all individuals referred to them by HUD or other participating
agencies, unless the individual seeks assistance in an area, or in a format, that Grantee
or Sub-grantee does not have expertise in, sufficient resources are unavailable, or
Grantee or Sub-grantee does not have counseling sessions available for the time
period sought by the individual.
B. Requirements.
1. Client Management System (CMS). Grantee and Sub-grantees, if applicable, must
utilize a client management system that meets HUD's requirements as listed in HUD
Handbook 7601.1 — Rev 5, 5-3. and interfaces with HUD's databases for the
collection and submission of client-level data, form HUD-9902, and agency profile
information. Additionally, Grantee must capture all mandatory data elements and
complete all required data fields as defined by HUD Handbook 7601-1 Rev-5, 5-3
(A) so HUD can access a complete electronic file for monitoring and other purposes.
FY 2010/2011 Housing Counseling 7 Grant Agreement
2. Housing Counseling System. Contact information for Grantee, funded Branches, and
Sub-grantees, where applicable, that directly provide services, is maintained on
HUD's list of housing counseling agencies and toll-free hotline, including separate
contact information for each Sub-grantee or Branch. That information is dependent
upon the input of data by the Grantee and where applicable Sub-grantees. Grantee,
and where applicable, its Sub-grantees must ensure that all agency profile data, and
any sub-allocation data recorded in HUD's Housing Counseling System (HCS) is
correct and current, and updated in a timely manner when changes occur.
3. HUD-funded Housing Counseling Program Evaluation. Grantee and all Sub-grantees
are required to cooperate with HUD staff in research or evaluative studies, or both,
related to the Housing Counseling Program and Grant.
4. Housing Counselor and Housing Counseling Program Manager Salaries. The Grantee
may not pay compensation to any employee that involves a commission or any other
financial or other incentives tied to any specific counseling outcome, loan product,
property, service or program.
5. No Obstacles to Alternative Counseling. Grantee and all Sub-grantees are prohibited
from taking any action, entering any agreements, or otherwise creating a situation that
inhibits a client/counseling recipient from seeking and/or receiving housing
counseling or other housing related services from any other source at any time.
6. HUD Oversight. Grantee and all sub-grantees must cooperate with all HUD
oversight activities, requests for information, requests for access to facilities, requests
for access to agency's Client Management System, complete client counseling files,
client level data, etc. Oversight may include, but is not limited to: remote inspection
of client counseling files, on-site performance reviews by HUD staff or designate, or
mystery shopping. If grantee or Sub-grantees has other obligations that require client
information to be kept confidential, Grantee or subgrantees must take measures to
ensure that HUD has access to client files and infon -nation for audit and oversight
purposes that demonstrates to the satisfaction of HUD that the Grantee is in
compliance with 24 CFR, Part 214, HUD Handbook 7601.1-Rev. 5, and the
requirements of this Grant Agreement.
7. Payment to Grantee from Lender. HUD Housing Counseling Program Regulations at
24 CFR Part 214.313 permit housing counseling agencies to receive payments from a
lender for housing counseling services (with the exception of reverse mortgage
counseling services) provided the level of payment received does not exceed a level
that is commensurate with the services provided, and does not violate RESP.A.
Payments received by a housing counseling agency from a lender cannot be based on
a customer closing on a loan, on loan size, and may not be based on the amount of
business referred from a particular lender.
8. Assurances and Certifications, By signing form HUD-1044, the cover to this Grant
Agreement, Grantee renews the assurances and certifications made with its
application for Housing Counseling approval, form HUD-9900 available at
FY 201012011 Housing Counseling 8 Grant Agreement
http://www.hud.gov/offices/admihudclips/forms/hud9a.cfm4group4 . Specifically,
Grantee assures that it, and HUD program branches and affiliates, if applicable, will:
a. Administer the housing counseling in accordance with Title_VI of the Civil Rights
Act of 1964. Title VIII of the Civil Rights Act of 1968, Executive Order 11063,
Section 504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of
1975.
b. Provide housing counseling services without sub-agreements (with the exception
of intermediaries and SHFAs) with other agencies for the delivery of all or any
part of the services in our proposed Projected Performance Work Plan as
approved by HUD. Represent clients without any conflict of interest by our
agency, paid and volunteer staff, or board members which might compromise our
ability to represent fully in the best interests of the client in accordance with HUD
Handbook 7610.1.
c. Meet all local, State, and Federal requirements necessary to provide our agency's
housing counseling services, including the management and liquidation services if
your agency provides such services.
d. Comply with the fee guidelines set forth in Handbook 7610.1, if they plan to
charge counseling fees.
e. Accept all clients that the agency has the capacity to serve.
Additionally, Grantee as an agency, and by incorporation, HUD program branches and
affiliates, if applicable, certifies:
f. That it is acting on its own behalf and is not under the influence, control, or
direction of any outside party such as a landowner, real estate broker, contractor,
builder, lender, or consultant seeking to derive a profit or gain from our housing
counseling program clients.
g. That it meets the applicable accessibility requirements of Section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794), 24 CFR, Parts 8 and 9, and the
Americans with Disabilities Act (42 U.S.C. 12101 et seq). That Grantee's
facilities provide accessibility features for persons with disabilities and elderly
persons, or we will arrange to meet with such persons at an alternative accessible
location or format.
h. That neither Grantee, nor any employee, board member, or partner has been
suspended, debarred, or otherwise restricted under the Department's or any other
federal regulations (see 24 CFR, Part 214).
i. That neither Grantee, nor any employee, board member, or partner, has been
indicted for, or convicted of, a criminal offense that reflects upon the
responsibility, integrity, or ability of the agency to participate in housing
counseling activities. An offense includes any criminal offense that can be
prosecuted at a local state, or federal level.
j. That neither Grantee, nor any employee, board member, or partner, is subject to
unresolved findings as a result of HUD or other government audit or
investigations (see 24 CFR, Part 214).
FY 2010/2011 Housing Counseling 9 Grant Agreement
k. That Grantee, and any employee, board member, or partner, meets all HUD
Housing Counseling program approval requirements outlined in HUD Handbook
7610.1 and 24 CFR, Part 24.
C. Intermediary, MSO and SHFA Functions
1. Responsibility for Grant Administration. Grantee shall have wide discretion to
implement use of its Grant through its Sub-grantees, if applicable, and is
responsible for managing the daily operations of its program. The use of Sub-
grantees, however, does not relieve Grantee of its responsibility for complying with
this Agreement and other applicable laws. Grantee agrees to accept responsibility
for its Sub-grantees' compliance with the applicable provisions of this Agreement.
Grantee shall monitor the performance of its Sub-grantees, and take appropriate
action to resolve problems to ensure compliance with this Agreement, Sub-grant
agreements, and other applicable laws. Grantee must have in place a quality control
plan that specifically outlines how Grantee monitors the performance of its Sub-
grantees. This quality control plan shall be available to HUD upon request.
2. Sub-grants to Affiliates and Allocation of Funds to Branches. Grantee shall
maintain copies of all sub-agreements and a written record explaining how it sub-
granted funds to its Sub-grantees. Grantee shall also maintain a written record of
funds allocated to its Branches. These sub-agreements and records shall be
available to HUD and the Grantee's Sub-grantees. As a condition of award,
Grantees acting as Intermediaries must list Sub-grantees and funded Branches, and
their corresponding sub-allocations, in HCS. See Article V, B.2. of this Agreement
regarding changes in the list of Sub-grantees or fimded branches, or both, as well as
to sub-allocation amounts.
3. Single Audit Act Grantee Responsibilities. Grantee shall fulfill its responsibilities
as a pass-through entity under the Single Audit Act, 31 U.S.C. § 7502(0(2), and
OMB Circular A-133, §400(d). These responsibilities include, but are not limited
to; sharing information with Sub-grantees, monitoring the activities and finances of
Sub-grantees, ensuring that Sub-grantees satisfy the single audit requirements,
reviewing Sub-grantees' audits, and ensuring that corrective action is taken to
resolve audit findings.
ARTICLE V — SUBCONTRACTS AND SUB-GRANTS
A. General Prohibition. As prescribed by HUD's regulations at 24 CFR, 84.25(0(8),
84.82(d)(3)(iii), or 85.30(d)(4), a Grantee that is subject to 24 CFR, Part 84 shall not sub-
grant, transfer, or contract any of the work under this Agreement. A Grantee that is
subject to 24 CFR, Part 85 shall not sub-grant, contract, or otherwise obtain the services
of a third party to perform activities which are central to the purposes of this Grant.
FY 2010/2011 Housing Counseling 10 Grant Agreement
Notwithstanding this general prohibition, a Grantee may sub grant transfer, or contract if
any of the following exceptions apply:
1. For a Grantee that is subject to 24 CFR, Part 84, the sub-grant, transfer, or
contract was described in Grantee's grant application and funded in the approved
Grant. HUD will indicate in block sixteen (16) of the attached HUD-1044 if any
sub-grant, transfer, or contract is not funded. Notwithstanding the Grantee's grant
application and any statement, or lack of any statement, in the attached HUD-
1044, a Grantee that is a SFIFA, when not acting as an Intermediary or a LFICA
shall not make sub-grants for the performance of any part of this Agreement.
2. HUD approves the sub-grant, transfer, or subcontract.
3. The sub-grant, transfer, or subcontract is for the purchase of supplies, material,
equipment, or general support services. If this exception to the general
prohibition applies, Grantee shall comply with the applicable procurement
standards in 24 CFR, 84.41 through 84.48; 24 CFR, 84.84 or 24 CFR, 85.36.
B. Requirements Applicable to Sub-grants by Grantees. This paragraph only applies to a
Grantee which provides funding to Sub-grantees or Branches.
1. Eligible Sub-grantees/Branches. A Grantee may make sub-grants to Affiliates
that are not HUD-approved, and fund Branches, provided that the quality of
services provided by the Affiliate/Branch meets or exceeds the standards for
HUD-approved LHCAs in HUD Handbook 7610.1 and 24 CFR, Part 214. This
Agreement serves as the Grantee's certification that the quality of services
provided by Sub-grantees that are not HUD-approved, or by Branches, shall met
or exceed the standards for HUD-approved LHCAs. HUD does, however, reserve
the right to request that Grantee provide HUD documentation that supports
Grantee's certification that Sub-grantees, which are not HUD-approved, or
Branches, meet or exceed the standards for HUD-approved LHCAs.
2. Changes to the Composition of Sub-grantees and funded Branches. To amend the
list of Sub-grantees or funded Branches, or corresponding sub-grant amounts, or
both, after the execution of the grant award document, Grantee must request in
writing to HUD to amend the list of funded Branches or Sub-grantees, or both,
identified in HCS through the sub-allocation tool. Upon HUD's approval of such
request, the sub-allocation tool in HCS must be amended by the Intermediary or
SHFA, and this Grant Agreement shall be deemed amended accordingly. HUD,
however, may require a Grantee to execute an amendment to this Agreement
amending the Grant amount where a change in the composition of Sub-grantees or
Branches providing counseling services changes a Grantee's classification as a
National or Regional Intermediary and reduces the applicable Housing
Counseling NOFA award limits under which Grantee's grant application was
evaluated.
FY 2010/2011 Housing Counseling 11 Grant Agreement
3. Funding Agreements between Grantee and Sub-grantees. Grantee shall execute a
written sub-grant agreement with each Sub-grantee before disbursing funds to the
Sub-grantee. All sub-grant agreements shall contain such terms as required by
this Agreement, any terms to carry out the purposes of this Agreement, and any
additional terms consistent with this Agreement as the Grantee deems proper.
The sub-grant agreement must clearly delineate the mutual responsibilities for
program management, including appropriate time frames for reporting results to
HUD. State, local, or federally recognized Indian tribal governments shall also
include in their sub-grants those clauses required by 24 CFR, 85.37. Grantee shall
include the following certification in each sub-grant agreement:
4. Lobbying. Grantee shall include without modification, the certification
language in the HUD-50071 in all sub-grant agreements.
C.
Documentation of Funding Decisions. As required by section 102(a) of the HUD Reform
Act of 1989 (42 U.S.C. § 3545(a)) and 24 CFR, 4.5(b), Grantee shall comply with the
following requirements where HUD awarded this Agreement to Grantee through a
competition such as the Housing Counseling NOFA and Grantee makes the grant funds
available on a competitive basis to Affiliates or Branches, or both:
1. Grantee shall ensure that it creates sufficient documentation regarding each
application to indicate the basis upon which assistance was provided or denied;
and
2. Subject to the requirements of State and local law, Grantee shall make the
material required by subparagraph C.1 of this Article available for public
inspection for at least five (5) years beginning no later than thirty (30) calendar
days after Grantee executes the Sub-grant agreement.
D. Notice of Funding Decisions. As required by Section 102(a)(4)(C)(i) of the HUD
Reform Act of 1989 (42 U.S.C. § 3545(a)(4)(C)(i)), a Grantee that is a State or unit of
general local government shall notify the public at least every six (6) months of sub-
grants under this Agreement where HUD awarded this Agreement to Grantee through a
competition such as the Housing Counseling NOFA and Grantee makes this assistance
available on a competitive basis to Affiliates or Sub-grantees. The notification shall
contain the elements required by 42 U.S.C. § 3545(a)(4)(C)(i). This notification may be
by any method conducive to providing information to the public.
E. Sub-2rant Applicant Disclosures. As required by Section 102(b) of the HUD Reform Act
of 1989 (42 U.S.C. § 3545(b)), a Grantee that is a State or unit of general or local
government shall not execute any sub-grant agreement until the Affiliate or Sub-grantee
makes the disclosures required by this section of the HUD Reform Act of 1989.
I. Disclosure Reports. A Grantee that is a State or unit of general local government
shall ensure that Affiliates or Sub-grantees that submit applications to receive
assistance and receive, or can reasonably be expected to receive, an aggregate
FY 2010/2011 Housing Counseling 12 Grant Aareernent
amount of assistance in excess of S200,000 during the Federal fiscal year in which
the application is submitted, disclose at the time of application other government
assistance to be used with respect to the activities to be carried out with the
assistance, the name and pecuniary interest of any person with a pecuniary
interest in the activities for which assistance is sought, and the expected sources
and uses of funds that are to be made available for the activities.
2. Updates to Disclosure Reports. As required by 42 U.S.C. § 3545(c) and 24 CFR,
4.11, Affiliates and/or Sub-grantees shall update their Disclosure Reports to
reflect substantial changes in their disclosures. The period during which these
updates are required begins when the application is submitted and ends when the
Applicant discharges all obligations under the terms of the assistance.
3. Access to Reports. Subject to the requirements of State and local law, Grantee
shall make all Disclosure Reports available for public inspection for five (5) years
in the case of applications for competitive assistance and for three (3) years in the
case of other applications. Updated Disclosure Reports shall be available along
with the Original Disclosure Reports, but in no case for a period of less than three
(3) years.
F. Salary Limitation for Consultants. FY2010 funds may not be used to pay or to provide
reimbursement for payment of the salary of a consultant, whether retained by the federal
government or the Grantee, at a rate more than the equivalent of General Schedule 15,
Step 10 base pay rate for which the annual rate for FY2009 is $127,604. The hourly rate
is $61.14.
ARTICLE VI-- ADMINISTRATIVE REQUIREMENTS
A. An agreement with a non-profit organization, institution of higher education, or hospital
shall be subject to the following administrative requirements as they may be amended:
1. 24 CFR, Part 84, Grants and Agreements with Institutions of Higher Education,
Hospitals and other Non-Profit Organizations, as applicable; and
2 CFR, Part 215, Uniform Administrative Requirements for Grants and other
Agreements with Institutions of Higher Education, Hospitals and other Non-Profit
Organizations, as amended.
B. An agreement with a State, local or federally recognized Indian Tribal government shall
be subject to the following administrative requirements as they may be amended:
1. 24 CFR, Part 85, Administrative Requirements for Grants and Cooperative
Agreements to State, local and Federally Recognized Indian Tribal Governments;
and
FY 2010/2011 Housing Counseling 13 Grant Agreement
OMB Circular A-102, Grants and Cooperative Agreements with State and local
Governments.
C.
Mergers, acquisitions, or other changes in form or organizational structure must be
reported to the GTR and receive IIUD's prior written approval.
ARTICLE VII-- INSPECTION AND ACCEPTANCE
Inspection, review, correction, and acceptance of all products of work of this Agreement
shall be the responsibility of the GTR. The GTR may receive recommendations from assigned
GTMs, but final acceptance of all products shall be the responsibility of the GTR.
The GTR or GTM shall inspect and accept the services and deliverables provided under
this Agreement. Grantee shall inspect and accept the services and deliverables provided to it by
its Sub-grantees.
ARTICLE VIII-- CONDUCT OF WORK
The GTR shall be Grantee's first and primary point of contact with HUD on all matters of
a technical nature. Grantee shall submit all reports or other materials to the GTR. The GTR may
issue written or oral instructions to Grantee to supplement the Statement of Work described in
this Grant. Such instructions must be within the Scope of Work set forth in this Grant, and may
not be of such a nature as to affect price, period of performance, or any other provisions of this
Agreement. The GTR may designate a GTM to assist with grant management and the GTR shall
notify Grantee in writing of the appointment of any GTM.
ARTICLE IX — PRICE
A. Maximum Grant Amount. Grantee shall be paid according to the terms of this
Agreement for all work required, performed, and accepted under the Agreement in an
amount not to exceed the amount shown in block fourteen (14) of the attached Foini
HUD-1044 (Maximum Grant Amount). Grantee shall bear the burden of all costs in
excess of the Maximum Grant Amount.
B. Designation of Assistance Arrangement. Grantee shall be paid for its performance of this
Agreement according to the type of assistance arrangement designated in block eleven
(11) of the attached Form HUD-1044. All Grants, sub-grants and allocations funded by
Fiscal Year 2010 Housing Counseling NOFA competitive housing counseling funds shall
be made on a cost reimbursement basis.
FY 2010/2011 Housing Counseling 14 Grant Agreement
C. Prior Approval Required for Revisions to Projected Performance Work Plan and Budget.
Grantee shall report and request prior HUD approval for deviations from Projected
Performance Work Plan and Budget in accordance with the applicable regulations in 24
CFR, 84.25, 84.82, or 85.30.
D. Cost Reimbursement. Grantee shall comply with the applicable regulations in 24 CFR,
Part 84 subparts A through D or 24 CFR, Part 85. Grantee shall ensure that all Sub-
grantees comply with the provisions of this paragraph.
1. Allowable Costs. HUD shall pay Grantee, up to the Maximum Grant Amount as
stated in the Housing Counseling NOFA for Allowable Costs. Grantee is prohibited
from using all or part of Grant to satisfy delinquent Federal debt. Allowable Costs
are costs incurred in the performance of this Grant Agreement that are determined by
HUD to be allowable, allocable, and reasonable in accordance with the:
(A) provisions of this Agreement, and
(B) applicable Federal cost principles as outlined in 2 CFR, Part 230, Cost
Principles for Non-Profit Organizations, (Dated May 10, 2004 ), 2 CFR,
Part 225, Cost Principles for State, local and Indian Tribal Governments,
(Dated May 4, 1995, further revised May 10, 2004), or 2 CFR, Part 220,
Cost Principles for Educational Institutions (Dated August, 8, 2000,
further revised May 10, 2004). If these circulars are revised during the
period of performance of this Agreement the most recent revision shall
apply.
2. Indirect Cost Rates. The allowable indirect cost rate is stipulated in block sixteen
(16) of the attached Form HUD-1044 or a separate written agreement with Grantee.
(If block 16 indicates an indirect cost rate of zero, then Grantee will be reimbursed
only for direct costs.) This separate written agreement is hereby incorporated into
this Grant Agreement. Adjustments may be made from a provisional rate to the final
rate provided that (1) such adjustments together with all other amounts paid to the
Grantee under this Agreement shall not exceed the Maximum Grant Amount, and (2)
the final rate is established within ninety (90) calendar days of the expiration or
termination of the Grant and the adjustment is made within this same time period.
3. Period of Availability of Funds. Grantee may charge to the Grant only Allowable
Costs resulting from obligations incurred during the Period of Performance.
4. Profits. No fee, profit, or other increment above allowable costs shall be paid to
Grantee or any Affiliate or Sub-grantee.
E. Grantees with Multiple Sources of Funding. Grantee shall not be reimbursed by HUD
under this Agreement for services that are directly or indirectly reimbursed from any
other source, including fees. Grantee shall not reimburse Sub-grantee for services that
are directly or indirectly reimbursed from any other source, including fees. Grantee shall
include in its vouchers under this Agreement only the portion of those counseling
FY 2010/2011 Housing Counseling Grant Agreement
services for which the Grantee does not receive reimbursement from any other funding
source.
F. Burden of Proof. The burden of proof for services rendered rests with the Grantee. All
supporting records are subject to inspection and audit by HUD at any time during and
after the expiration of the period of performance as specified in Article XVI.
G. Restrictions on Use of the Grant Award. The funds awarded under this Agreement shall
be used in accordance with this Agreement, the Grantee's grant application as approved
by HUD, and as may be further restricted in block sixteen (16) of the attached Form
HUD-1044. Such restrictions may include, but are not limited to the, special award
conditions described in 24 CFR, 84.14 and 85.12.
ARTICLE X -- PAYMENT REQUESTS
A. General Payment Procedures. The forms referred to in this paragraph are available from
HUD's website at http://www.hud.govioffices/admihudclips/index.cfm under the forms
section and, upon request, from HUD by contacting the GTR. The SF-1199A form is
also available at local banking institutions.
1. A Grantee that is not currently signed up to receive payments via direct deposit from
HUD must submit a completed SF-1199A, Direct Deposit Sign-Up Form. Grantee
must submit the SF-1199A to the GTR and, in the case of an Intermediary Grantee,
the Cash Management Reporting Division, Room 3118, at HUD Headquarters.
2. Each individual in Grantee's organization who will be authorized to access
VRS/LOCCS to request funds under this Agreement must request access
authorization from HUD by submitting a Form HUD-27054, LOCCS Voice Response
Access Authorization. A new Form HUD-27054 is not required for any individual
who currently has access to VRS/LOCCS for prior year grant funds for the same
Grantee. Grantees for whom LOCCS access was suspended or terminated, for
example due to non-use, must also submit Form HUD-27054 to reset their password
or reinstate a user, or establish a new user.
3. Grantees are responsible for changing their LOCCS password once every sixty (60)
days. Termination of access due to password expiration will require resubmission of
Form HUD-27054.
4. It is Grantee's responsibility to immediately notify the LOCCS Security Office at
HUD when any individual with current access to VRS/LOCCS is no longer employed
by the Grantee and/or should be denied access to Grant funds for any reason. The
LOCCS Security Office may be reached at (202) 708-0764 or toll free at (877) 705-
7504. The GTR or GTM, or both, must be notified of the Grantee's actions.
5. The GTR may provide additional instructions on accessing and using the
VRS/LOCCS.
FY 2010/2011 Housing Counseling 16 Grant Agreement
6. All vouchers for Grant payments must be submitted to HUD on the Form HUD-
27053, LOCCS/VRS Request Voucher for Grant Payment, utilizing the Voice
Response System/Line of Credit Control System (VRS/LOCCS), or electronically
through form HUD-50080-CHC-a, eLOCCS payment voucher. The budget Line
Item for this grant is 9500. For LOCCS purposes, the "Program Area" is "CHC". A
record of each payment request must be maintained in Grantee's files and be
available for review by HUD upon request.
B. Payment Procedures for Cost Reimbursement Grants. Grantee shall comply with the
applicable payment procedures in 24 CFR, 84.21 through 84.22 and 85.20 through
85.21.
C. Timing and Amount of Payment Requests. HUD strongly encourages Grantees to draw-
down funds in conjunction with quarterly reports. However, there is no minimum or
maximum number of payment requests. As required by 2 CFR, Part 215, and 24 CFR,
84.22(b)(2) and 85.20(b)(7), Grantee shall only draw down that amount of cash
necessary to meet its actual, immediate cash needs. The requirement to only request
actual, immediate cash needs means that Grantee shall disburse funds for allowable
costs within three (3) days of receiving the funds from HUD. Grantee's payments to
Sub-grantees shall substantially match these standards. The GTR or GTM will process
the final voucher only upon receipt of an acceptable final report.
D. Documentation for Draw Downs Not Done in Conjunction with Quarterly Reports.
Grantees that draw down funds on a schedule that does not coincide with quarterly, mid-
term and final reports, must in conjunction with each draw submit a written justification
that includes a detailed budget, the number of clients served through individual
counseling and the number of individuals served through group education. The
justification must also include the type of counseling or education, i.e. pre-purchase
counseling.
E. Documentation of Expenses. Grantee must maintain source documentation of direct
costs, such as invoices, receipts, cancelled checks, and salary reports, to support all
LOCCS draw requests for payment. This information must be made available to HUD
upon request and maintained for a period of at least three (3) years after the expiration of
the Grant period or date of last payment, whichever occurs first.
F. Standards for Financial Management Systems. Grantee shall maintain and operate
financial management systems that meet or exceed the Federal requirements for funds
control and accountability as established by the applicable regulations in 24 CFR, 84.21
or 24 CFR, 85.20.
G. Withholdimi of Funds. HUD may withhold payment to a Grantee if any project
objectives, terms, conditions or Federal reporting requirements are not being satisfied,
as established by the applicable regulations in 24 CFR, 84.22 (h)(1), including reporting
requirements such as: (1) completing grant-specific quarterly, midterm and final
.reports; (2) updating agency profile data in a timely manner if changes occur; (3)
FY 2010/2011 Housing Counseling 17 Grant Agreement
submitting quarterly client-level data; and (4) submitting form HUD-9902 data
reflecting counseling activities attributable to all sources of funding. These reporting
requirements may be satisfied through the Housing Counseling System and/or a client
management system that interfaces with HUD's databases, in which case the GTR or
GTM will verify submission through HCS.
H. Overdue Reports. No payment requests shall be approved for a Grantee who has an
overdue or incomplete report until a complete report has been submitted by the Grantee
and approved by HUD.
Funds Recapture. HUD may recapture any unspent funds. Grantees are required to
cooperate with recapture requests, including any paperwork requests. HUD may utilize
recaptured funds in subsequent Housing Counseling NOFAs or in other ways authorized
by the Program's appropriation. Recaptured funds will be awarded on a competitive
basis.
ARTICLE XI—REPORTING
A. Quarterly Performance Reports – LHCAs and SHFAs that do not issue sub-grants under
their award. A performance report is due to the GTR or GTM not later than March 2,
2011 for the three month period ending December 31, 2010. For Quarters 2 and 3, the
report shall be due not later than 30 days from the end of each performance period, with a
final report (Quarter 4) due by December 31, 2011. These reports must include
information on, and satisfy the following, both for the reporting period and cumulative:
1. Grantee's name, address_and grant number as they appear on the grant document;
2. Start and end dates of the report period;
3. Hourly rate. Identify each counselor or other employee, and their title, for whom
time/activity is being billed under the Grant, and indicate the hourly billing rate
for that individual used to calculate reimbursement from HUD or a parent agency.
Explain exactly how hourly rates are calculated;
4. Client List. List all counseling client file numbers, group or group education file
numbers, or both if applicable, attributed to the Grant in alpha or numeric order.
This list should indicate the activity attributed to the relevant quarter, and the
cumulative total for the entire Grant year. Indicate for each the relevant
counseling or education type. The electronic submission of client level data may
satisfy this requirement if households served under the grant or sub-grant are
identified. For those Grantees receiving Mortgage Modification and Mortgage
Scam Assistance supplemental funding the client list must identify the branch or
main office that served the client;
5. Cost Per Client. Itemize for each client and/or group education session, the
relevant counselor and/or other employee that provided service, amount of time
spent — total and time billed to the HUD Grant, and total amount of funds charged
18 Grant Agreement FY 2010/2011 Housing Counseling
to the HUD Grant. The electronic submission of client level data may satisfy this
requirement;
6. Staff hours, Indicate for each relevant counselor or other employee the total
number of hours, for the quarter and cumulative, being billed to the Grant, and
itemize that total by the types of counseling, education, or other activities
performed;
7. Budget. Submit a detailed, comprehensive budget listing expenses for each
distinct quarter, and cumulative, under the Grant. At a minimum, if applicable,
the budget must include salaries, fringe and other benefits, training, travel, rent,
phone, postage, supplies, technology/equipment, and indirect costs. The budget
must account for how every dollar being billed to the Grant was spent. Sub-
grantees and Branches reimbursed by Intermediaries and SHFAs at a fixed rate
per counseling/education activity and type are not exempt from this requirement
to provide an itemized budget;
: 8. Achievement of Goals. If applicable, explain why established goals were not met,
or why they were exceeded. Explain what, if any, new strategies and work plan
adjustments will be made during the next quarter in order to better meet projected
outputs and outcomes;
9. Authorization. Signature and title of person authorized by the Grantee to sign the
report;
10. Logic Model, Form HUD-96010. A comparison of the actual, cumulative
accomplishments with the relevant outputs and outcomes projections. Update
the form HUD-96010 logic model that was submitted with your Housing
Counseling NOFA application or amended with HUD's approval subsequently.
E-mail an electronic copy to the GTM/GTR. If applicable, report and explain any
deviations from logic model goals on the reporting tab of the final logic model.
11. Federal Financial Report. Complete and submit the form SF 425, summarizing
financial data for each quarter. The form can be accessed at
http://vv-ww.forms.gov/bgfPortallmain.do
B. Quarterly Performance Reports — Intermediaries, SHFAs and MSOs that issue sub-grants
or fund Branches under their award. A performance report is due to the GTR or GTM
not later than March 2, 2011 for the three month period ending December 31, 2010. For
Quarters 2 and 3, the report shall be due not later than 30 days from the end of each
performance period, with a final report (Quarter 4) due by December 31, 2011. These
reports must include information on, and satisfy the following, both for the reporting
period and cumulative:
For each Sub-grantee and funded Branch:
FY 2010/2011 Housing Counseling 19 Grant Agreement
I. Grantee's name, address, and grant number as they appear on the grant
document;
2. Start and end dates of the report period;
3. Hourly rate. Identify each counselor or other employee, and their title, for whom
time/activity is being billed under the Grant, and indicate the hourly billing rate
for that individual used to calculate reimbursement from HUD or a Parent
agency. Explain exactly how hourly rates are calculated;
4. Client List. List all counseling client file numbers, group or group education file
numbers, or both if applicable, attributed to the Grant in alpha or numeric order.
This list should indicate the activity attributed to the relevant quarter, and the
cumulative total for the entire Grant year. Indicate for each the relevant
counseling or education type. The electronic submission of client level data may
satisfy this requirement if households served under the Grant or sub-grant are
identified;
5. Cost Per Client. Itemize for each client andlor group education session, the
relevant counselor and/or other employee that provided service, amount of time
spent — total and time billed to the HUD subgrant, and total amount of funds
charged to the HUD subgrant. The electronic submission of client level data may
satisfy this requirement;
6. Staff hours. Indicate for each relevant counselor or other employee the total
number of hours, for the quarter and cumulative, being billed to the Grant, and
itemize that total by the types of counseling, education, or other activities
performed;
7. Budget. Submit a detailed, comprehensive budget listing expenses for each
distinct quarter, and cumulative, under the Grant. At a minimum, if applicable,
the budget must include salaries, fringe and other benefits, training, travel, rent,
phone, postage, supplies, technology/equipment, and indirect costs. The budget
must account for how every dollar being billed to the Grant was spent. Sub-
grantees and Branches reimbursed by Intermediaries and SHFAs at a fixed rate
per counseling/education activity and type are not exempt from this requirement
to provide an itemized budget;
8. Achievement of Goals. If applicable, explain why established goals were not
met, or why they were exceeded. Explain what, if any, new strategies and work
plan adjustments will be made during the next quarter in order to better meet
projected outputs and outcomes;
9. Authorization. Signature and title of person authorized by the Grantee to sign the
report;
HUD housing counseling Grant network-wide information, for both the reporting period
and cumulative:
FY 2010/2011 Housing Counseling 20 Grant Agreement
10. Sub-allocations. A listing of: (a) the Sub-grantees and funded Branches and
corresponding HUD housing counseling sub-grant amount and allocations, for
each quarter and cumulative; and (b) a DUN and Bradstreet Universal (DUNS)
Identifier number for each. This data is required by a final Notice published by
the Office of Management and Budget (OMB) on June 6, 2008 to assure
compliance with the Transparency Act requirements. Should additional
requirements become applicable, HUD reserves the right to amend this Grant
Agreement;
11. Administrative Cost. A detailed budget accounting for how all administrative
funds, in other words funds not passed through to Sub-grantees or allocated to
branches but used to run the program, were spent by the Intermediary, MSO or
SHFA, including training, travel, salaries, and equipment, for each quarter and
cumulative.
12. Billing Methodolosy. Explain clearly the methodology employed to reimburse
Sub-grantees or fund Branches. For example, indicate if an hourly rate is
calculated for each counselor or other employee and then multiplied by the
number of hours attributed to that individual under the Grant. Another example
is reimbursement at a fixed cost per counseling/education activity and type. In .
this case, indicate the amount of each relevant fixed cost and explain how each is
calculated;
13. Logic Model, Form HUD-96010. A comparison of the actual, cumulative
accomplishments with the relevant outputs and outcomes projections. Update
the forrn HUD-96010 that was submitted with your Housing Counseling NOFA
application or amended with HUD's approval subsequently. E-mail an electronic
copy to the GTM/GTR;
14. Achievement of Goals. If applicable, explain why established goals were not
met, or why they were exceeded. Explain what, if any, new strategies and work
plan adjustments will be made during the next quarter in order to better meet
projected outputs and outcomes.
15. Federal Financial Report. Complete and submit the form SF 425, summarizing
financial data for each quarter. The form can be accessed at
http://www.forms.gov/bgfPortal/main.do.
C. Mid-Term Performance Report — LHCAs, SHFAs and agencies that do not issue sub-
grants under their Grant award. Unless the Grant has been fully expended and a final
report as described in Section D of this Article has been submitted to close out the Grant,
a mid-term report is due not later than April 30, 2011 for the six (6) month period ending
March 31, 2011. For the mid-term report, submit the mid-year cumulative logic model
form electronically via email to the assigned GTR/GTM. The report must also contain
FY 20 10/2011 Housing Counseling Grant Agreement
the items requested for the quarterly report (items Al --- 11), as well as the following
additional information:
Narrative. In addition to the above information, a narrative report of not more than five
(5) single-spaced letter-sized pages using a font size of no smaller than 12 or larger than
14. Include such items as: problems encountered by the Grantee; items for which the
Grantee needs additional guidance; unusual client needs or problems for which the
Grantee provided counseling; recommendations to HUD; and developments having a
sig,ni ficant impact on the award supported activities, such as delays or adverse
conditions which materially impair the ability to meet the objectives of the awards.
Describe any action taken or contemplated, and any assistance needed to resolve the
situation.
D. Final Report — LFICAs and SHFAs that do not issue sub-grants under their Grant award.
The final report is due to the GTR or GTM when the Grantee has completed all Grant
activities that will be funded under the Grant, or not later than ninety (90) calendar days
after the expiration of the Period of Performance of the Grant. The final report must be in
the same format as the mid-term report but cover all activity under the grant. For the
final report, submit the final logic model form (including Management Questions under
the Reporting Tab) electronically via e-mail to the assigned GTR/GTM. Update the form
HUD-96010 that was submitted with your Housing Counseling NOFA application, or
amended with HUD's approval subsequently. The narrative report must cover the entire
period during which Grant activity occurred and may not exceed five (5) single-spaced
letter-sized pages using a font size of no smaller than 12 or larger than 14. Grantee must
also submit the SF 425, Federal Financial Report form with the final report. The form can
be accessed at httn://www.forms.gov/bgfPortal/main.do The GTR or GTM will process
the final voucher only upon receipt of an acceptable final report.
E. Mid-Term and Final Report — Intermediaries, State Housing Finance Agencies, or MSOs
that issue sub-grants or fund branches under their award. These organizations shall
receive a mid-term and final report from each Sub-grantee or funded Branch, as described
under paragraphs C and D of this Article, and forward same to the GTR or GTM.
Additionally, the items requested in paragraph B of this article, must be submitted with
both the mid-term and final reports. For both the mid-term and the final report, submit
the logic model form electronically via email to the assigned GTR/GTM. Update the
form HUD-96010 that was submitted with your 1-lousing Counseling NOFA application,
or amended with HUD's approval subsequently. Each logic model submission should
reflect quarterly as well as cumulative year to date data. Moreover:
1. The mid-term performance report is due to the GTR or GTM not later than April
30, 2011 for the six (6) month period ending March 31, 2011.
2. A final report in the same format as the mid-term report is due when the Grantee
has completed all Grant activities that will be funded under the Grant or not later
than December 31, 2011 for the twelve (12) month period ending September 30,
FY 2010/2011 Housing Counseling 22 Grant Agreement
2011. The GTR or GTM will process the final voucher only upon receipt of an
acceptable report.
3. The SF 425, Federal Financial Report must be completed and submitted with the
mid-term and final report. The form can be accessed at
http://www.forms.govibglPortal/main.do
F. Subaward Reporting System (FSRS). Grantees are required to report first tier sub-grant
award and executive compensation information in the Federal Funding Accountability
and Transparency Act (FFATA) Subaward Reporting System (FSRS), where both the
subaward initial amount is $25,000 or greater, or the subaward has an initial amount of
less than $25,000 but will have a cumulative amount of $25,000 or greater. The FSRS
System and corresponding frequently asked questions can be found at www.fsrs.gov .
Grantees must report first tier subawards no later than at the end of the month plus one
additional month after an award or subaward is obligated to fulfill the reporting
requirement. Subawards include grants or cooperative agreements, pass-through awards,
contracts issued under a grant, loans and awards to vendors. The Federal Funding
Accountability and Transparency Act (FFATA) of 2006) (Public Law 109-282), requires
the reporting of the following data for first-tier sub-grants of $25,000 or more:
1. Name of entity receiving award
2. Amount of award
3. Funding agency
4. NAICS code for contracts / CFDA program number for grants
5. Program source
6. Award title descriptive of the purpose of the funding action
7. Location of the entity (including congressional district)
8. Place of performance (including congressional district)
9. Unique identifier of the entity and its parent; and
10. Total compensation and names of top five executives (same thresholds as
primes)
The Transparency Act also requires the reporting of the Total Compensation and Names
of the top five executives in either the prime awardee or a sub-awardees' organization if:
e More than 80% of annual gross revenues are from the Federal
government, and those revenues are greater than $25M annually; and
• Compensation information is not already available through reporting
to the SEC.
FY 2010/2011 Housing Counseling 23 Gram Agreement
Sub-awards less than S25,000 made to individuals or to an entity whose annual
expenditures are less than S300,000 are exempt from the reporting requirement.
F. Delinquent Reports. Submission of any reports required in this Article beyond the stated
due dates will be considered delinquent unless extended, in writing, by HUD.
ARTICLE XII -- CONFLICTS OF INTEREST
A. General Reauirements. Grantee, and its Sub-grantees where applicable, shall comply
with all programmatic disclosure and conflict of interest requirements provided in the
Housing Counseling regulations at 24 CFR, Part 214, as well as those in 24 CFR, Parts
84 and 85, and HUD Handbook 7601.1-Rev. 5, Ch 6-2.Grantee, and its Sub-grantees
where applicable, must provide to all clients a disclosure statement that explicitly
describes the various types of services provided by the agency and any financial
relationships between this agency and any other industry partners. The disclosure must
clearly state that the client is not obligated to receive any other services offered by the
organization or its exclusive partners.
B. HUD Reform Disclosures. Grantee shall comply with the disclosure requirements of
Section 102(b) of the HUD Reform Act of 1989 (42 U.S.C. § 3545(b)) and its
implementing regulations, 24 CFR, Part 4. To initially satisfy this requirement, Grantee
shall complete the Form HUD-2880, Applicant/Recipient Disclosure Update Report, and
this completed Form is hereby incorporated into this Agreement. Grantee shall update
the Form HUD-2880 as required by the HUD Reform Act of 1989 and 24 CFR, § 4.11.
ARTICLE XIII -- SECURITY OF CONFIDENTIAL INFORMATION
Grantee, and Sub-grantees, if applicable, shall secure under lock and key all information
regarding counseling of clients, whether such information is generated by the agency itself or
received from outside sources. This includes securing credit reports, information on current
financial status, notes on counseling sessions, and any other information regarding individual
clients. Grantee and Sub-grantees shall not disclose such information to anyone other than HUD
or other parties to whom the client consents release of the information.
Grantee, and Sub-grantees, if applicable, must ensure their client management systems
(CMSs) protect the confidentiality of each client's personal and financial information, both
electronic and paper, including credit reports, whether the information is received from the client
or from another source. Grantee and Sub-grantees must ensure that neither they nor their CMS
vendor discloses the information in the client's individual counseling file to anyone except for
authorized agency personnel and HUD. The only exception to this requirement is when the
FY 2010/2011 Housing Counseling 24 Grant Agreement
counseling recipient expressly grants permission, for example in the case of, through a CMS, the
automatic creation of a loan application or loss mitigation request and submission to a lender.
ARTICLE XIV -- DEFAULTS AND REMEDIES
A. Special Conditions. In addition to the criteria provided in 24 CFR, Part 214, HUD may
impose additional requirements or special conditions on a Grantee, subject to 24 CFR,
Part 84, who demonstrates the characteristics or behavior specified in 24 CFR, 84.14.
B. Events of Default. Each of the following shall be deemed an Event of Default under this
Agreement: (1) any material failure by Grantee to comply with the terms and conditions
of this Grant Agreement, whether stated in a Federal statute, regulation, the General
Section, the Housing Counseling NOFA, HUD Handbook, assurance, application, or
notice of award, (2) the failure to expend Grant funds in a timely manner if a cost
reimbursement grant, (3) where applicable, Grantee's failure to maintain HUD-approved
status during the Term of this Agreement, or (4) any misrepresentation in the application
submissions which, if known by HUD, would have resulted in this Agreement not being
awarded.
C. Notice of Default. If any Event of Default occurs, the Grant Officer shall give Grantee
written notice of the occurrence of the Event of Default and a reasonable opportunity to
take corrective action. The notice shall identify (1) the Event of Default, (2) the required
corrective action by Grantee, (3) the date by which the corrective action must be taken,
and (4) the consequences for failing to take corrective action.
D. Remedies. If Grantee fails to achieve compliance within the period specified in the
Notice of Default, HUD may take one or more of the following actions: recover misspent
funds, suspend the award, terminate the award for cause, or take other remedies that may
be legally available. The applicable regulations at 24 CFR, §§ 84.60 through 84.62,
84.86, and 85.43 through 85.44 discuss some of these available remedies.
ARTICLE XV — AMENDMENTS
This Agreement may be amended at any time by a written amendment. Grantee shall
submit requests for amendments to the Grant Officer with a copy of the request to the GTR.
Amendments that reflect the rights and obligations of either party shall be executed by both the
Grant Officer and the Grantee. Notwithstanding the foregoing, the Grant Officer may
unilaterally execute administrative amendments, such as changes in the GTR or appropriation
data, or amendments that result from signed requests from the Grantee where the Department
adopts the requested amendment without any changes. GTRs and GTMs are not authorized to
amend any provision of the grant agreement.
FY 2010/2011 Housing Counseling 25 Grant Agreement
ARTICLE XVI — RECORD KEEPING AND AUDITING
A. Record Keeping Requirements. Grantee shall comply with the requirements for record
retention and access to records specified in the applicable regulations at 24 CFR,
214.315, 84.53, 84.85, and 85.42. Notwithstanding the record retention periods specified
in 24 CFR, Parts 84, 85 and 214, the HUD Reform Act, as specified in paragraphs C and
E of Article V, may require Grantee to retain certain records for a longer period. Grantee
may also be subject to record retention requirements under other applicable laws and
regulations, including but not limited to, the nondiscrimination regulations cited in
Article XXII.
B. Type of Record Keeping System. Any record keeping system may be used provided that
the system chosen by the Grantee interfaces with HUD's database system for reporting
purposes; and lends itself to easy monitoring by HUD when conducting a performance
review of the Grantee's housing counseling activities.
C. Maintenance of Counseling Files. Client Counseling Files (including files on group
education Clients) must be maintained in accordance with HUD Handbook 7610.1. Each
client must be assigned an identification number to be used for reporting on housing
counseling activities to HUD.
ARTICLE XVII — DISPUTES
A. During performance of this Agreement, disagreements may arise between the Grantee
and HUD on various issues. If a dispute concerning a question of fact arises and cannot
be resolved through negotiation, the GTR shall prepare a written decision, taking into
account all facts and documentation presented. The decision shall be mailed by return
receipt requested to the Grantee. Grantee may appeal the decision within thirty (30)
calendar days of receipt of HUD's decision by submitting a written appeal. SHFAs and
I,HCAs shall submit their appeal to the HUD Homeownership Center within their
respective jurisdiction. Intermediaries shall submit their appeal to the Program Support
Division at HUD Headquarters, Washington, DC,
B. False Statements. A false statement in the Grant application or Grant related documents
and reports, may be grounds for denial or termination of the Grant and punishable as
provided in 18 U.S.C. §1001.
FY 2010/2011 Housing Counseling 26 Grant Agreement
ARTICLE XVIII -- AUDIT REQUIREMENTS
Grantee shall comply with the audit requirements of the Single Audit Act (31 U.S.C. §§
7501-07) and OMB Circular A-133, Audits of States, Local Governments, and Non-Profit
Organizations (Revised June 27, 2003), as amended. The requirements of the Single Audit Act
and OMB Circular A-133 shall supersede the requirements in HUD Handbook 7610.1, REV-5,
dated May, 2010, paragraph 6-1.M, for an audit every two years.
ARTICLE XIX -- DEBARMENT AND SUSPENSION
Grantee will comply with HUD's requirements for participants at 2 CFR, Part 2424, that
include prohibiting Grantee from doing business to undertake the activities under this Grant
Agreement with persons who are excluded or disqualified from Federal programs.
ARTICLE XX -- DRUG-FREE WORK PLACE REQUIREMENTS
Grantee will comply with HUD's requirements for recipients of financial assistance at 24
CFR, Part 21 which requires Grantee to maintain a drug-free workplace and to take such actions
as publishing a drug-free workplace statement, establishing a drug-free awareness program, and
taking actions concerning employees convicted of violating drug statutes in the workplace.
ARTICLE XXI -- LOBBYING RESTRICTIONS
A. General Restrictions. Consistent with the Byrd Amendment (31 U.S.C. §1352) and
HUD's implementing regulations, 24 CFR, Part 87, neither the Grantee nor its Affiliates
or Sub-grantees shall use these Grant funds to attempt to influence Federal Executive or
Legislative officers or employees in connection with obtaining this Grant, or with its
extension, continuation, renewal, amendment, or modification.
B. Certifications. As a precondition to receiving grant funds exceeding $100,000, a Grantee,
Affiliate/Sub-grantee, shall certify using the Form HUD-50071, Certification of
Payments to Influence Federal Transactions, that it will comply with 24 CFR, Part 87. A
Grantee shall submit its certification to the GTR, and an Affiliate/Sub-grantee shall
submit its certification to the next tier above. The Form HUD-50071 is hereby
incorporated into this Agreement.
C. Disclosures. As required by 24 CFR, 87.110, a Grantee or Affiliate/Sub-grantee that
receives grant funds exceeding $100,000 shall disclose using SF-LLL, Disclosure of
Lobbying Activities, any payments made, or any agreement to make any payment, from
non-appropriated funds which would be prohibited under 24 CFR, 87.100(a) if paid for
with appropriated funds. These disclosures shall be updated as required by 87.110(c).
An Affiliate/Sub-grantee or Branch shall submit its disclosures to the next tier above.
FY 2010/2011 Housing Counseling 27 Grant Agreement
Grantee shall submit its disclosures and the disclosures by its Affiliates or Sub-grantees
to the GTR. These disclosures and updates are hereby incorporated into this Agreement.
D. Lobbyist Registration and Reporting. Grantee shall comply with the Lobbying
Disclosure Act of 1995 (2 U.S.C. § 1601 et seq.) which requires all persons and entities
who lobby covered Executive or Legislative Branch officials to register with the
Secretary of the Senate and the Clerk of the House of Representatives and file reports
concerning their lobbying activities,
ARTICLE XXII — NONDISCRIMINATION REQUIREMENTS
A. General. Notwithstanding the permissibility of applications that serve target areas or
populations, Grantee shall comply with these requirements for nondiscrimination on the
basis of race, color, religion, sex, national origin, age, familial status, and disability. The
Standard Form 424B, Assurances for Non-Construction Programs, is hereby incorporated
into this Agreement.
B. Nondiscrimination Requirements. Grantee shall comply with the following requirements
as they may be amended from time to time.
1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d-2000d-4) and
implementing regulations at 24 CFR, Part 1, Nondiscrimination in Federally
Assisted Programs of the Department of Housing and Urban Development -
Effectuation of Title VI of the Civil Rights Act of 1964;
Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-
88) and implementing regulations at 24 CFR, Part 3, Nondiscrimination on the
Basis of Sex in Education Programs or Activities Receiving Federal Financial
Assistance;
3. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794) and
implementing regulations at 24 CFR, Part 8, Nondiscrimination Based on
Handicap in Federally Assisted Programs and Activities of the Department of
Housing and Urban Development;
4. The Fair Housing Act (42 U.S.C. §§ 3601-19) and implementing regulations at 24
CFR, Part 100, Discriminatory Conduct Under the Fair Housing Act;
5. Executive Order 11063, as amended by Executive Order 12259, and
implementing regulations at 24 CFR, Part 107, Nondiscrimination and Equal
Opportunity in Housing Under Executive Order 11063; and
6. Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07) and implementing
regulations at 24 CFR, Part 146, Nondiscrimination on the Basis of Age in HUD
Programs or Activities Receiving Federal Financial Assistance.
FY 2010/2011 Housing Counseling 28 Grant Agreement
C.
Requirements Applicable to RC1i2i0US Organizations. Where Grantee is, or Grantee
proposes to make sub-grants or an allocation of funds to, a primarily religious
organization, or a wholly secular organization established by a primarily religious
organization, to provide, manage, or operate a housing counseling program, Grantee and
its Sub-grantees must undertake their responsibilities in accordance with the following
principles:
1. Grantee and its Sub-grantees shall not discriminate on behalf of or against any
segment of the population in the provision of services or in outreach, including
those of other religious affiliations.,
2. Grantee and its Sub-grantees shall not engage in inherently religious activities,
such as worship, religious instruction, or proselytization, as part of the programs
or services funded under this Grant. If an organization conducts such activities,
these activities must be offered separately, in time or location, from the activities
funded under this Grant Agreement, and participation must be voluntary for the
clients receiving services covered, either completely or in part, by HUD funds.
ARTICLE XXIII — MISCELLANEOUS
A. Order of Precedence. In the event of any inconsistency among any provisions of this
Agreement, the following order of precedence shall apply:
1. Section 106 of the Housing and Urban Development Act of 1968 and other
applicable Federal laws;
2. Applicable Federal regulations, including 24 CFR, Part 214;
3. The Housing Counseling NOFA;
4. This Grant Agreement; and
5. HUD Handbook 7610.1.
B. American-made Equipment & Products. As required by HUD's Appropriations Act, to
the greatest extent practicable, all equipment and products purchased with Grants funds
should be American-made.
C. No waiver. No delay or omission by HUD to exercise any right or remedy available to it
under this Agreement or applicable law or to insist upon strict compliance by the Grantee
with its obligations hereunder shall impair any such right or remedy or constitute a
waiver of 1-IUD's right to demand exact compliance with the terms of this Agreement.
D. Applicable Law. This Agreement shall be construed, and the rights and obligations of the
parties determined, in accordance with Federal law.
Grant Agreement FY 2010/2011 Housing Counseling
E. Relationship of the Parties Neither of the parties is an agent of the other party and
neither party has the authority to represent or bind the other party to anyone else as to any
matter.
Survival. Any provisions of this Agreement that expressly or by their operation should
reasonably continue to apply to a party after the termination or suspension (in whole or in
part) of this Agreement shall continue in full force and effect for such time as is
necessary to fully carry out the intent of such provisions. The applicable regulations at
24 CFR, 84.72, 84.87, and 85.51 describe Grantee's continuing responsibilities after the
closeout of this Grant.
FY 2010/2011 Housing Counseling 30 Grant Agreement
FISCAL NOTE (MISC. #11039) February 17, 2011
BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS —
COMMUNITY AND HOME IMPROVEMENT DIVISION — FY 2010 HOUSING COUNSELING
GRANT ACCEPTANCE
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above
referenced resolution and finds:
1. The U.S. Department of Housing and Urban Development has awarded Federal
FY 2010 Housing Counseling Grant funding in the amount of $93,769.08 to the
Community & Home Improvement Division.
2. The grant will supplement Community Development Block Grant funds allocated
to deliver housing counseling services in accordance with Federal
Comprehensive Housing Counseling Program guidelines.
3. The award includes $42,374.36 for Comprehensive Housing Counseling,
$16,394.72 for Reverse Mortgage Counseling and $35,000 for Mortgage
Modification/Mortgage Scams Assistance.
4. This is the sixteenth (16th ) year of the grant.
5. The County performance period for the grant is from October 1, 2010 through
September 30, 2011.
6. The award is $14,347.92 less than the application amount of $108,117 and
$37,793.08 more than the FY 2009 award of $55,976.
7. No County match is required for this grant continuation.
8. Indirect costs are not paid for this grant due to administrative and planning limits.
9. The FY 2011 — FY 2013 Special Revenue Fund Budget for the Housing
Counseling Grant Fund is amended as follows:
Revenue
29706-1090680-132210-610313 Grants — Federal $ 37,793.08
Expenditure
29706-1090680-132210-702010 Salaries — Reg. $ 26,784.76
29706-1090680-132210-722740 Fringe Benefits 11,008.32
$ 37,793.08
$ -0-
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote.
Resolution #11039 February 17, 2011
Moved by Middleton supported by Gershenson the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Crawford, Dwyer, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Hoffman, Jackson,
Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub,
Weipert, Zack, Bosnic, Covey. (24)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted (with accompanying reports being accepted).
7( APPROVE THE FOREGOING RESOI
ACTING PURSUANT TO 1973 PA 139
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Bill Bullard Jr., Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true
and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on February
17, 2011, with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac, Michigan this 17th day of February, 2011.
Bill Bullard Jr., Oakland County
IT I("N