HomeMy WebLinkAboutResolutions - 2011.10.05 - 18746October 5, 2011
REPORT (misc. #11236)
BY: Human Resources Committee, John Scott, Chairperson
RE: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS
—COMMUNITY AND HOME IMPROVEMENT DIVISION — FY 2010
MORTGAGE MODIFICATION AND MORTGAGE SCAMS ASSISTANCE
(MMMSA) HOUSING COUNSELING GRANT (FY 2010 REALLOCATED
HOUSING COUNSELING FUNDING — NATIONAL COMPETITIVE)
ACCEPTANCE
TO: Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Human Resources Committee having reviewed the above referenced
resolution on September 28, 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 Bosnic and Greimel absent
October 5, 2011
MISCELLANEOUS RESOLUTION # 11236
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 MORTGAGE MODIFICATION AND MORTGAGE
SCAMS ASSISTANCE (MMMSA) HOUSING COUNSELING GRANT (FY2010 REALLOCATED
HOUSING COUNSELING FUNDING - NATIONAL COMPETITIVE) 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 FY 2010 Mortgage Modification and Mortgage Scams Assistance (MMMSA) reallocated
Housing Counseling Assistance Program funding totaling $23,075.36 for the fiscal period October 1, 2011
through September 30, 2012; and
WHEREAS the grant award of $23,075.36 represents a 80% variance from the application of
$113,847.00; and
WHEREAS the grant supports the delivery of counseling services to homeowners to prevent or
resolve mortgage delinquency, default and foreclosure with the primary objective to preserve
homeownership; 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 one (1) SR FTE Housing Counseling and Homeless Services Supervisor position
(1090680-03354) will be supplemented by Housing and Urban Development (HUD) funding; and
WHEREAS County funding is not required for this grant continuation; and
WHEREAS due to the grantor's constrained five business day time frame (September 6, 2011 —
September 13, 2011) within which the executed grant agreements had to be returned to the U.S.
Department of Housing and Urban Development prior to start of the Agreement, the Agreement was 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;
and
WHEREAS since that time, the grant has been reviewed and approved through the County
Executive's Grant Review Process.
NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners accepts the
FY 2010 Mortgage Modification and Mortgage Scams Assistance Housing Counseling Grant in the
amount of $23,075.36.
BE IT FURTHER RESOLVED that the current position delivering housing counseling services be
partially funded by the MMMSA grant include one (1) SR FTE Housing Counseling and Homeless
Services Supervisor position (1090680-03354);
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 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 AND BUILDING COMMITTEE
Planning St Building Committee Vote:
Motion carried unanimously on a roll call vote
11111 II *
U.S. Department of Housing and Urban Development
Homeownership Center
The Wanamaker Building
100 Penn Square East
Philadelphia, Pennsylvania 1910'7-3389
September 6, 2011
Ms. Kathy Williams
OAKLAND COUNTY HOUSING COUNSELING
250 Elizabeth Lake Rd, Ste 1900
Pontiac, MI 48341
DUNS NUMBER: 136200362
Dear Ms. Williams:
I am pleased to inform you that OAKLAND COUNTY HOUSING COUNSELING has
been conditionally awarded a housing counseling grant on behalf of the Department of Housing
and Urban Development (HUD). This award is made in accordance with the Housing Counseling
Notice of Funding Availability (NOFA) posted on the HUD Website May 18, 2011, and with the
work plan submitted in your Mortgage Modification and Mortgage Scam Assistance (MMMSA)
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.
Grant Type:
Grant Award:
Mortgage Modification and Mortgage Scams Assistance
$23,075.36
Enclosed, you will find two copies of the Grant Agreement and two copies of Form
HUD-1044, Assistance Award/Amendment, for the category of funding approved under HUD's
Fiscal Year (FY) 2010 MMMSA Housing' Counseling NOFA, Please sign and date all copies of
the documents. Retain one copy of each document for your records, and return one copy of the
1044 and one copy of the Grant Agreement to William Morad, at the address above, within 5
business days of the date of this letter.
NOFA Requirements
Grantees are reminded that as per the Grant Agreement, Article TV, Statement of Work,
A2 Provision of Services, Local Housing Counseling Agencies (LHCAs) Grantees and their
funded branches, if applicable, must be located in one or more of the 100 Metropolitan Statistical
Areas (MSAs) with the highest rate of home foreclosures. Intermediaries, their branches and sub-
grantees must serve residents located in one or more of the 100 MSAs. Households assisted
under this grant agreement must reside in one of the 100 MSAs. The list of MSAs is attached to
the NOFA.
Fair Housing, It's Not An Option. It's The Law!
)14,) hutt.I.Tov espanoLhuiLgov
Grantees are also reminded that as per the Grant Agreement, Article IV, Statement of
Work, A2 Provision of Services, to be considered eligible for reimbursement for one-on-one
counseling, Grantee and sub-grantees, by and through a housing counselor, must perform and
document certain activities, including the following. The housing counselor must ask the
following two questions of each client to whom they provide foreclosure prevention counseling
in order to help identify possible loan scams:
1. Did anyone contact you offering assistance to modify your mortgage, either directly by
telephone, or by other means such as by mail or a flyer?
2. 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?
Grantees and sub-grantees must report suspected cases of Loan Modification Scams with
the Loan Modification Scams Prevention Network: http://wwwpreventloanscams.org .
Suspected cases of loan scams should also be referred to the HUD Office of Inspector General
(OIG Hotline:
• toll-free at 800-347-3735
• fax 202-708-4829
• e-mail hotline@hudoig.gov ;
Points of Contact
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.
Direct questions to your assigned Government Technical Representative (GTR),
Tom Hardy, at 313-226-7900 Ext. 8219 or tom.hardy(iaud.gov .
Required Documentation
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:
1. Indirect Cost Rate Documentation. Submit documentation of indirect cost rate
approval. See page 9 of the MMMSA Housing Counseling NOFA posted to the
HUD Website May 18, 2011, 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.
2. Financial Management 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. 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 2010 or FY 2011 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
hitt, lAvww.hud.zov/offices/adm/grants/codeofronduct/cconduct.cfm
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, marketing and indirect costs. The budget must account for
bow every dollar being billed to the Grant will be spent. Intermediaries reimbursing
sub-grantees and branches at a fixed rate per counseling/education activity and type
are not exempt from this requirement to provide an itemized budget. All grantees and
sub-grantees must be able to demonstrate the actual cost of service provision. The
amount that will be billed to the grant cannot exceed the actual cost of providing the
service. 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
1-IUD-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, HUD share.
Intermediaries must 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
including training, travel, salaries, indirect costs and equipment.
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 model form electronically via email to William Morad at
William.R.Morad22hud .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.
6. Sub-allocation List. As a condition of award, Intermediaries 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 HUD's requirements and interfaces with
HUD's databases for the collection and submission of client-level data, form HUD-
9902, and agency profile information. List all relevant agencies and the CMS they
utilize.
Once all information has been reviewed and approved by my staff, we will process the
award and establish an account for your organization. Information about procedures for
submitting an initial voucher can be found in the Grant Agreement.
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
Amendment
1. Assistance Instrument
11 Cooperative Agreement Grant
2. of Action
X Award
15. HUD Accounting and Appropriation Data
15a. Appropriation Number I 15b. Reservation number
14. Assistance Amount
Previous HUD Amount
Total HUD Amount $23,075.36 Amount Previously Obligated
19. Recipient (By Name) 20, HUD (By Name)
Brenda J. Bellisario
Signature & Title
-
—)
[J : Director, Program Subport
Date (mmicid/yyyy)
/
form HUD-1044 (8/90)
ref. Handbook 22111 17
Jc`,`, L. Brooks Patterson,
7
-/c7 -7/
Assistance Award/Amendment U.S. Department of Housing
and Urban Development
Office of Administration
3. nstrument Number
HC0327051
4. Amenoment Number 5. Effective Date of this Action
1 October 2011
6. Control Number
7. Name and Address of Recipient
OAKLAND COUNTY HOUSING COUNSELING
250 Elizabeth Lake Rd, Ste 1900
Pontiac, MI 48341
B. HUD Administering Office
Department of HUD, Program Support Division
The Wanamaker Building
100 Penn Square East
Philadelphia, PA 19107-3389
• TIN NUMBER: 38-6004876
DUNS NUMBER: 136200362
Ba. Name of Administrator 8b. Telephone Number
10. Recipient Project Manager
11. Assistance Arrangement
IX Cost Reimbursement _J
0 Cost Sharing
Fixed Price
12. Payment Method
El Treasury Check Reimbursement
Advance Check
[8] Automated Clearinghouse
9. HUD Government Technical Representative
William Morad
13. HUD Payment Office
CFO Accounting Center/HUD
PO Box 901013
Fort Worth, TX 76101 .
215-861-7684
HUD Amount this action $23,075.36 8610/110156 HC0327051
Recipient Amount
Total Instrument Amount $23,075.36
16. Description
Obligation by this action $23,075.36 ........... ..... .........
Total Obligation $23,075.36
FY 2010 - HOUSING COUNSELING GRANT VOUCHER UNDER LOCOS BUDGET LINE ITEM 9500.
GRANT TYPE: LHCA Mortgage Modification and Mortgage Scams Assistance
17. IA, Recipient is required to sign and return three (3) copies
of this document to the HUD Administering Office
18. Hi Recipient is not required to sign this document.
ARTICLE I
ARTICLE H
ARTICLE I
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
TABI,i4 OF CONTENTS
DEFINITIONS . .2
PERIOD OF PERFORMANCE .4
STATEMENT OF WORK .5
SUBCONTRACTS AND SUB-GRANTS. .
ADMINISTRATIVE REQUIREMENTS 13
INSPECTION AND ACCEPTANCE 14
CONDUCT OF WORK 14
PRICE ..14
PAYMENT REQUESTS . 16
CONFLICTS OF INTEREST 24
SECURITY OF CONFIDENTIAL INFORMATION 24
DEFAULTS AND REMEDIES ..... ......... .......... . ........... ....................................................26
AMENDMENTS .25
RECORDKEEPING AND AUDITING............................................ ...... . ..... .......................27
DISPUTES 27
AUDIT REQUIREMENTS 26
DEBARMENT AND SUSPENSION 27
DRUG-FREE WORK PLACE
LOBBYING RESTRICTIONS. .27
NONDISCRIMINATION REQUIREMENTS .28
MISCELLANEOUS.. .30
FY 2010/2012 MMMSA 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 Transportation, 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://w-ww.hud.gov/offices/adm/grants/nofal0/gensec.pdf;
6. HUD's FY 2010 Mortgage Modification and Mortgage Scams Assistance Housing
Counseling Program Notice of Funding Availability ("Housing Counseling NOFA")
posted on the grants.gov website, with an opening date of May 18, 2011;
7. HUD Handbook 7610.1-Rev. 5, Housing Counseling Program, as amended and
posted on HUD's website, available at:
http://www.hud.gov/offices/adm/hudclips/handbooks/hsgh/7610.1/index.cfm (HUD
Handbook 7610.1- Rev. 5);
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-Rev. 5;
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;
11. Projected Performance Work Plan — applicant's plan for how they proposed to spend
grant monies they are requesting pursuant to the Housing Counseling NOFA.
Grantee agrees to carry out its eligible activities (See Article IV A.) under this
FY 2010/2012 MMMSA Housing Counseling Grant 1 Grant Agreement
Agreement. The provisions of this Agreement shall apply to the Grantee, and where
applicable, Sub-grantees that will assist with carrying out this Agreement.
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 clients 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, national intermediary or state housing finance agency.
The affiliate organization is incorporated separately from the regional or national
intermediwy 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, or regional or national intermediary not separately incorporated or
organized, that participates in Emus 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 Sub-grantee, affiliate
or applicant.
D. Client means 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 sub-grantees must maintain files in accordance with
HUD Handbook 7610.1-Rev. 5.
F. Government Technical Monitor (GTM) The GTM is the 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 the HUD staff person that
monitors the activities of housing counseling grantees. This individual is responsible for
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.
FY 2010/2012 MMMSA Housing Counseling Grant 2 Grant Agreement
Grantee means the HUD-approved counseling agency that receives housing counseling
funds from HUD under this Agreement. In the case of an LI ICA, Grantee includes the
Branches or Branch Offices identified in the Grantee's Housing Counseling NOFA
Application. In the case of an Inter. c,_diary, 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 mean 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 24 CFR, 214.3 and Handbook
7610.1-Rey. 5.
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) National Intermediary. A national intermediary is an organization which operates
in multiple regions of the United States, which provides: (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.
(2) Regional Intermediary. A regional intermediary is an organization which
operates in a generally recognized region within the United States, such as the
Southwest, Mid-Atlantic, New England, which provides: (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.
N. Local Housing Counseling Agency (LHCA) 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.
0. 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.
FY 2010/2012 MMMSA Housing Counseling Grant 3 Grant Agreement
ARTICLE III -- PERIOD OF PERFO ANCE
P. 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 for
purposes of the Housing Counseling NOFA. In the case of an Intermediary, 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 grant document. The
list of Sub-grantees may be amended, pursuant to Article V, section (B)(2) of this
Agreement.
Other pertinent definitions are located in the Housing Counseling NOFA, 24 CFR, Part
214, and HUD Handbook 7610.1-Rev. 5, as amended, are applicable to this Agreement.
Q.
A. Period of Performance. The Period of Performance shall begin on October 1, 2011 and
expires at midnight on September 30, 2012.
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 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, on a case-by-case basis. Only the GTR is
authorized to approve extensions.
ARTICLE IV -- STATEMENT OF WO
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 NOFA. HUD will not fund
services proposed in the projected performance work plan(s) that are not within the
scope of eligible services.
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
FY 2010/2012 MMMSA Housing Counseling Grant 4 Grant Agreement
under the Housing Counseling NOFA is not intended to cover the total cost of
carrying out a 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, nvir1.e applicable, shall furnish the necessary
personnel, materials, services, facilities (except as otherwise specified herein), and
otherwise do all things necessmy 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 lne.n1 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, and
sub-grantee and funded branches, if applicable, by and through a housing counselor,
must perform and document these activities through the participating agency's HUD
compliant client management system:
• Third Party Authorization / Privacy Policy Statement — housing counselor
must secure third party authorization from prospective counseling recipients
that allow the Grantee and/or Sub-grantees to submit to HUD client level data
related to grant activity, and if applicable, allow access to counseling files for
purposes of grant oversight and Housing Counseling Program compliance.
The housing counselor must also communicate to prospective counseling
recipients a privacy policy statement that clearly defines the intended uses and
discloses HUD's access to protected information for oversight purposes in the
Housing Counseling Program. A copy of the signed acknowledgment of
receipt of this policy from clients counseled in a face-to-face setting must be
maintained in each client file. A notation of the date that the third party
authorization/privacy policy statement was verbally provided to the client
during must be documented for telephone counseling.
• Budget / Financial Analysis — housing 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
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
FY 2010/2012 MMMSA Housing Counseling Grant 5 Grant Agreement
housing goals and, when appropriate, addresses the client's housing
problem(s).
• Discuss Alternatives — housing counselor must discuss alternatives and
options available to th, qt. 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. Housing counselor must document the discussion
of alternatives, including specific programs, services, features or products, in
the client's counseling file.
• Follow-up — housing counselor must make a reasonable effort to have follow-
up communication with the client, as required by HUD Handbook 7610.1-
Rev. 5, 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.
• Mandatory Questions — housing counselor must ask the following two
questions of each client to whom they provide foreclosure prevention
counseling in order to help identify possible loan scams:
1. Did anyone contact you offering assistance to modify your mortgage,
either directly by telephone, or by other means such as by mail or a
flyer?
2. 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?
• Reporting Scams — Grantees and/or Sub-grantees, if applicable, must report
suspected cases of Loan Modification Scams with the Loan Modification
Scams Prevention Network: http://www.preventloanscams.org . Suspected
cases of loan scams should also be referred to the HUD Office of Inspector
General (OIG Hotline:
• toll-free at 800-347-3735
• fax 202-708-4829
• e-mail hotline@hudoig.gov;
To be considered eligible for reimbursement for group education, Grantee, and sub-
grantee or funded branch, if applicable, by and through an employed housing
counselor, must provide formal classes with established 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.
FY 2010/2012 MMMSA Housing Counseling Grant 6 Grant Agreement
(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.
(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.
Assist clients with locating suitable housing within Grantee's, and/or Sub-
grantee's, community, target area, or metropolitan areas as defined by
Grantee.
3. Mandatory Referrals. Grantee, and its 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.
4. High Foreclosure Metropolitan Statistical Areas (MSA). Local Housing Counseling
Agencies (LHCAs) Grantees and their funded branches, if applicable, must be located
in one or more of the 100 MSAs with the highest rate of home foreclosures.
Intermediaries, their branches and/or sub-grantees must serve residents located in one
or more of the 100 MSAs. Households assisted under this grant agreement must
reside in one of the 100 MSAs. The list of MSAs is attached to the NOFA.
B. Requirements.
1. Programmatic Requirements. Grantees and Sub-grantees, if applicable, must comply
with programmatic requirements found in Housing Counseling Program regulations
codified at 24 CFR, Part 214, and the Housing Counseling Program Handbook (HUD
Handbook 7610.1-Rev. 5).
2. Client Management System CCMS). Grantee and Sub-grantees, if applicable, must
utilize a client management system that meets HUD's requirements as listed in HUD
Handbook 7610.1 — Rev. 5. and interfaces with HUD's databases for the collection
- and submission of client-level data, form HUD-9902, and agency profile information.
Beginning fiscal year 2012, all agencies are required to use a CMS compliant with
ARM 4.0 version. HUD will not accept ARM version 3.0 in FY12. ARM 3.1 will be
FY 2010/2012 MMMSA Housing Counseling Grant 7 Grant Agreement
accepted for a brief period, so long as the CMS is in the process of upgrading to ARM
4.0 compliant.
Additionally, Grantee must captu,i'e all mandatory data elements and complete all
required data fields as defined by HUD Handbook 7610.1-Rev.5 so HUD can access
a complete electronic file for monitoring and other purposes.
3. 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
correcrand current, and updated in a timely manner when changes occur.
4. HUD-funded Housing Counseling Prop-am 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.
5. Disclose Investigations. Grantees are required to promptly report to HUD if Grantee
or Sub-grantees are subject to unresolved findings as a result of HUD or other
government audit or investigations (see 24 CFR, Part 214).
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 information 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 7610.1-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 RESPA.
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, foul' HUD-9900 available at
http://ww-w.hud.gov/offices/adm/hudclips/forms/hud9a.cfm#g-roup4. Specifically,
Grantee assures that it, and I-RJD program branches and affiliates, if applicable, will:
FY 2010/2012 MMMSA Housing Counseling Grant 8 Grant Agreement
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 inteimediaries) 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 OUT 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-Rev. 5.
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-Rev. 5, 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 2010/2012 MMMSA Housing Counseling Grant 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-Rev. 5 and 24 CFR, Part 24.
C. Intermediary.
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 Inteinaediaries 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 funded 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(c)(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 2010/2012 MMMSA Housing Counseling Grant 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 Gm:ace's grant application and fimded 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.
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 funded 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-Rev. 5 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 meet
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 and
this 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.
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.
FY 2010/2012 MMMSA Housing Counseling Grant 11 Grant Agreement
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. Funding
agreements with affiliates for the direct provision of counseling services must
make clear that the recipient organization is a sub-grantee, not a sub-contractor.
Sub-contracting to affiliates for the direct provision of counseling services is
prohibited.
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 MID Reform
Act of 1989(42 U.S.C. § 3545(a)) and 24 CFR, 4.5(b), Grantee shall comply with the
following requirements where HTJD 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-grant 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.
1. 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
amount of assistance in excess of $200,000 during the Federal fiscal year in which
the application is submitted, disclose at the time of application other government
FY 2010/2012 MMMSA Housing Counseling Grant 12 Grant Agreement
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 ly 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
withThe 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. 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
2. OMB Circular A-102, Grants and Cooperative Agreements with State and local
Governments.
C. Mergers, acquisitions, or other changes in foul' or organizational structure must be
reported to the GTR. In the case of a simple name change, HUD may make the award in
the name of the newly named entity. In the case of a merger, the new, or merged entity,
FY 201012012 MMMSA Housing Counseling Grant 13 Grant Agreement
may be eligible to receive grant funding made to the original Grantee, provided they
meet certain conditions, including but not necessarily limited to:
• The new, or merged entity, receives HUD approval as a housing counseling agency;
• The new, or merged entity, demonstrates that its application and work plan, target
community, and personnel involved are substantially similar to that of the original
Grantee.
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 GIR 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 WO
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.
A.71T7CLE 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 Form
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 MMMSA NOFA competitive housing counseling
funds shall be made on a cost reimbursement basis.
RE
FY 2010/2012 MMMSA Housing Counseling Grant 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. Grantees must require Sub-
grantees to submit invoices based on actual expenses.
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 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. Indirect cost rates
must be negotiated and approved by the Grantee's cognizant agency. Indirect cost
rates must be applied to the proper base. If applicable, Grantees can only apply
approved indirect cost rate to the first $25,000 of a sub-grant.
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 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
FY 2010/2012 MNIMSA Housing Counseling Grant 15 Grant Agreement
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
services for which the Grantee does, ieit receive reimbursement from any other funding
source. For oversight purposes, for example to verify that HUD is not reimbursing
Grantees for activities being billed to another source of funding, HUD reserves the right
to request from Grantee, and other stakeholders if applicable, grant reporting data and
information related to non-HUD sources of funding.
F. Burden of Proof. The burden of proof fbr 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 punt application as approved
by HUD, and may be farther 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.gov/offices/adtn/hudclins/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, to
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
FY 2010/2012 MMMSA Housing Counseling Grant 16 Grant Agreement
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.
6. All vouchers for Grant payments must be submitted to HUD on the Form HUD-
27053, LOCCSNRS 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 Con - unction with 0 uarterl Resorts.
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. All Grantees and Sub-
grantees must be able to demonstrate and document the actual cost of service provision.
The amount billed to the grant cannot exceed the actual cost of providing the service.
FY 2010/2012 MMMSA Housing Counseling Grant 17 Grant Agreement
F. Personnel Activity Reports. The distribution of salaries and wages to awards must be
supported by personnel activity reports. Reports reflecting the distribution of activity of
each employee must be maintainc ,! for all staff members (professionals and
nonprofessionals) whose compel, is charged, in whole or in part directly to awards.
The reports must reflect an after-We-fact determination of the actual activity of each
employee. Budget estimates (i.e., estimates determined before the services are
performed) do not qualify as support for charges to awards.
Each report must account for the total activity for which employees are compensated.
G. 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.
H. Withholding of Funds. HUD may withhold payment to a Grantee if any project
objectives, telins, 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)
submitting quarterly client-level data; and (4) submitting form 1-IUD-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.
I. 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.
J. 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..
ARTICLE XI—REPORTING
A. Quarterly Performance Reports – For LIICAs that do not issue sub-grants under their
award, a performance report is due to the GTR or GTM not later than 30 days from the
end of each performance period for Quarters 1, 2 and 3, with a final report (Quarter 4)
due by December 31, 2012. 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;
FY 2010/2012 MMMSA Housing Counseling Grant 18 Grant Agreement
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 rc it -ibtu-sement 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. Of
these, indicate how many resulted in complaints that were submitted, on behalf of the
clients listed, to the Loan Modification Scam Prevention Network at:
www.preventloanscams.org and/or the HUD Office of Inspector General. 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. 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, total actual cost for services provided, and total
amount of funds charged 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, marketing and indirect costs. The budget must
account for how every dollar being billed to the Grant was spent;
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 a.nd 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.
FY 2010/2012 MMMSA Housing Counseling Grant 19 Grant Agreement
11. Form HUD-9902. Update the form HUD-9902 electronically through the Housing
Counseling System (HCS) so that the right hand column, or HUD Housing
Counseling Grant Activity column, reflects activity funded with HUD housing
counseling grant funds. The vaLti2s entered in this form must be consistent with the
relevant outputs and outcomes reported on the logic model.
12. Federal Financial Report. Complete and submit the form SF 425, summarizing
financial data, including program income, for each quarter. The form can be accessed
at: http://www.forms.gov/bgfPortal/main.do
B. Quarterly Performance Reports — For intermediaries that issue sub-grants or fund
Branches under their award., a performance report is due to the GTR or GTM not later
than 30 days from the end of each performance period for Quarters 1, 2 and 3, with a
final report (Quarter 4) due by December 31, 2012 These reports must include
informatidi on, and satisfy the following, both for the reporting period and cumulative:
Submit, for each Sub-grantee and funded Branch, a separate report containing the
following:
1. Sub-Grantee's name and address;
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 Grantee. Explain exactly how
hourly rates are calculated. Sub-grantees and Branches reimbursed by Intermediaries
at a fixed rate per counseling/education activity and type are not exempt from this
requirement;
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. Of
these, indicate how many resulted in complaints that were submitted, on behalf of the
clients listed, to the Loan Modification Scam Prevention Network at:
www.preventloan.scams.org and/or the HUD Office of Inspector General. 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 and/or group education session, the relevant
counselor that provided service, amount of time spent — total and time billed to the
HUD sub-grant, total actual cost for services provided, and total amount of funds
charged to the HUD sub-grant. The electronic submission of client level data may
satisfy this requirement;
FY 2010/2012 MMMSA Housing Counseling Grant 20 Grant Agreement
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, cornphensive 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, marketing, 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 at a fixed rate per counseling/education
activity and type are not exempt from this requirement to provide an itemized budget.
All grantees and sub-grantees must be able to demonstrate the actual cost of services
provided. The amount billed to the grant cannot exceed the actual cost of providing
the service;
8. Form HUD-9902. Update the form HUD-9902 electronically through the Housing
Counseling System (HCS) so that the right hand column, or HUD Housing
Counseling Grant Activity column, reflects activity funded with HUD housing
counseling grant funds. The values entered in this form, when aggregated at the
intermediary level, must be consistent with the relevant outputs and outcomes
reported by the intermediary on the logic model.
9. 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;
10. Authorization. Signature and title of person authorized by the Grantee to sign the
report;
Intermediaries must also submit the following HUD housing counseling Grant network-
wide information, for both the reporting period and cumulative:
11. 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;
12. 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 including training, travel,
salaries, and equipment, for each quarter and cumulative;
FY 2010/2012 MMMSA Housing Counseling Grant 21 Grant Agreement
13. Billing Methodology. 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 undeT 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. Indicate the
process used to ensure that the fixed cost reimbursement rate does not exceed the
actual cost of providing the housing counseling services for which sub-grantees and
branches request reimbursement; .
14. Logic Model, Form HUD-96010. A comparison of the actual, cumulative
accomplishments with the relevant outputs and outcomes projections. Update the
form 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;
15. Form HUD-9902. Intermediaries must ensure that Sub-grantees and funded Branches
update the form HUD-9902 electronically through the Housing Counseling System
(HCS) so that the right hand column, or HUD Housing Counseling Grant Activity
column, reflects activity funded with HUD housing counseling grant or sub-grant
funds. The values entered in this form, when aggregated at the intermediary level,
must be consistent with the relevant outputs and outcomes reported by the
intermediary on the logic model.
16. 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.
17. Federal Financial Report. Complete and submit the form SF 425, summarizing
financial data, including program income, for each quarter. The form can be accessed
at: http://www.forms.gov/b2fPortal/main.do.
C. Mid-Tel in Performance Report — LHCAs, 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, 2012 for the six (6) month period ending March
31, 2012. 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 the
items requested for the quarterly report (items Al — 12), as well as the following
additional information:
1. Narrative. In addition to the above infoimation, 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
FY 2010/2012 MMMSA Housing Counseling Grant 22 Grant Agreement
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 significant impact on the award supported
activities, such as delays or aJverse 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 – LHCAs that do not issue sub-grants under their Grant award. 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,
2012 for the 12 month period ending September 30, 2012. The final report must be in the
same format as the mid-term report but cover all activity —.der 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-960 ft) 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 http://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 Re sort – Intermediaries that issue sub-.rants 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 paragraph B (1-10) of this Article, and
forward same to the GTR or GTM. Intermediaries must also report on items B 11-16 for
the Grantee as a whole. 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
significant 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.
For both the mid-term and the final report, submit the logic model form electronically via
email to the assigned GTR/GTM. Update the foi iii HUD-96010 that was submitted with
your Housing 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, 2012 for the six (6) month period ending March 31, 2012.
FY 2010/2012 MMMSA Housing Counseling Grant 23 Grant Agreement
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, 2012 for the 12 month period ending September 30, 2012.
The GTR or GTM will proce3s 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-tenn and final report. The form can be accessed at:
http://www.forms.gov/bgfPortal/main.do
E. Federal Sub-award Reporting System. Grantees are required to report first tier sub-grant
award and executive compensation information in the Federal Funding Accountability
and Transparency Act (FFATA) Federal Sub-award Reporting System (FSRS), in cases
where eitha the sub-award initial amount is $25,000 or greater, or the sub-award has an
initial amount of less than $25,000 but will have a cumulative amount of $25,000 or
greater. The FSRS and corresponding frequently asked questions can be found at:
www.fsrs.gov .
Grantees must report first tier sub-awards no later than at the end of the month plus one
additional month after an award or sub-award is obligated to fulfill the reporting
requirement. Sub-awards include grants or cooperative agreements, pass-through awards,
contracts issued under a grant, loans and awards to vendors. FFATA 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 for
primes)
FFATA also requires the reporting of the Total Compensation and Names of the top five
executives in either the Grantee or Sub-grantee if:
• More than 80% of annual gross revenues are from the Federal government, and
those revenues are greater than $25 million annually
AND;
• Compensation information is not already available through reporting to the SEC.
FY 2010/2012 MMMSA Housing Counseling Grant 24 Grant Agreement
ARTICLE XIII -- SECURITY OF CONFIDENTIAL INFO A TION
Sub-awards less than $25,000 made to individuals or to an entity whose annual
expenditures are less than $300,000 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 Requirements. 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 7610.1-Rev. 5. 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.
A. Security. 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 infounation to anyone other than HUD or other parties to whom the client consents
release of the information.
B. Confidentiality. 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
FY 2010/2012 MMMSA Housing Counseling Grant 25 Grant Agreement
MiE NTS
HUD. The only exception to this requirement is when the counseling recipient expressly
grants permission, for Cxainple 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 gr-ant, (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 (I) 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.
TICLE XV — AMEND
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 2010/2012 MMMSA Housing Counseling Grant 26 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-Rev.5.
Each client must be assigned an identification number to be used for reporting on housing
counseling activities to HUD.
TICLE XVII — DISPUTES
A. Disputes. 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. LHCAs
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 2010/2012 MMMSA Housing Counseling Grant 27 Grant Agreement
ARTICLE XX. — DRUG-FREE WO PLACE REQUIREMENTS
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, 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.
'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.
TICLE -- LC L`BYING 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 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,
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 Sub-grantee shall submit its certification
to the next tier above. The Form 1-IUD-50071 is hereby incorporated into this
Agreement.
.
FY 2010/2012 MMMSA Housing Counseling Grant 28 Grant Agreement
C. Disclosures. As required by 24 CFR, 87.110, a Grantee or Sub-grantee that receives
grant funds exceeding $100,000 shall disclose using S F-LLL, Disclosure of Lobbying
Activities, any payments made, or any agreement to make any payment, from non-
appropriated funds which would be prchibited under 24 CFR, 87.100(a) if paid for with
appropriated funds. These disclosures shall be updated as required by 87.110(c). A Sub-
grantee shall submit its disclosureslo the next tier above. Grantee shall submit its
disclosures and the disclosures by its 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;
2. 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;
FY 2010/2012 MMMSA Housing Counseling Grant 29 Grant Agreement
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.
C.
Requirements Applicable to Religious 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.
TICL1E 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-Rev. 5.
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
R
FY 2010/2012 IvIMMSA Housing Counseling Grant 30 Grant Agreement
with its obligations hereunder shall impair any such right or remedy or constitute a
waiver of HUD'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.
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.
F. 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.
GRANTEE:
OAKLAND COUNTY HOUSING COUNSELING
HUD:
UNITED STATES DEPARTMENT
OF HOUSING AND URBAN
DEVELOPMENT
By:
2.2 -
By:
Name: Brenda J. Bellisario
Title: Director
Program Support Division
FY 2010/2012 MMMSA Housing Counselina, Grant 31 Grant Agreement
FISCAL NOTE (MISC. #11236) October 5, 2011
BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY
AFFAIRS- COMMUNITY AND HOME IMPROVEMENT DIVISION — FY 2010
MORTGAGE MODIFICATION AND MORTGAGE SCAMS ASSISTANCE (MMMSA)
HOUSING COUNSELING GRANT (FY 2010 REALLOCATED HOUSING
COUNSELING FUNDING — NATIONAL COMPETITIVE) 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:
The resolution accepts the FY 2010 Mortgage Modification and Mortgage Scams
Assistance (MMMSA) Housing Counseling Grant from the U.S. Department of
Housing and Urban Development (HUD) in the amount of $23,075 for the fiscal
period of October 1,2011 through September 30, 2012.
2. This competitive and variable grant award has been issued as supplemental
funding by the Federal Community Development Block Grant (CDBG), Michigan
State Housing Development Authority (MSHDA) and Oakland County funds to
support counseling services to homeowners to help prevent or resolve mortgage
delinquency, default, and foreclosure, with the primary objective to preserve
home ownership.
3. The County will use the grant award of $23,075 to supplement the personnel
costs of one (1) SR FTE Housing Counseling and Homeless Services Supervisor
position (1090680-03354).
4, No new staff positions will be required to implement or administer this grant.
5. The FY 2012 Budget is amended as follows:
Housing Counseling Grant Fund #29706 GR#0000000588
Revenue
1090680-132210-610313 Comm & Home Impr Hsg-Grants—Fed $23,075
Total Grant Revenue $23,075
Expenditure
1090680-132210-702010 Comm & Home Impr Hsg-Grants-Sal $13,845
1090680-132210-722740 Comm & Home lmpr Hsg-Grants-FB $ 9,230
Total Grant Expenditure $23,075
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Woodward, Potts, Greimel and Quarles
absent,
Resolution #11236 October 5, 2011
Moved by Potts supported by McGillivray the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Covey, Crawford, Dwyer, Gershenson, Gingen, Gosselin, Greimel, Hatchett, Hoffman,
Jackson, Long, Matis, McGillivray, Middleton, Nash, Potts, Quarles, Runestad, Scott, Weipert,
Zack, Bosnic. (22)
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).
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 October 5,
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 5 th day of October, 2011.
E,LOIL Rt_1)-a-e-,) 094,
Bill Bullard Jr., Oakland County