HomeMy WebLinkAboutResolutions - 2012.05.17 - 20235MISCELLANEOUS RESOLUTION #12141 May 17, 2012
BY: PLANNING AND BUILDING COMMITTEE, DAVID W. POTTS, CHAIRPERSON
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS - COMMUNITY
AND HOME IMPROVEMENT DIVISION - FY2012 HOUSING COUNSELING PROGRAM GRANT-
(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 FY2012 Housing Counseling Program funding totaling $49,197.00 for the fiscal period
October 1,2011, through September 30. 2012; and
WHEREAS the total grant award of $49,197.00 includes $29,197.00 for Comprehensive Housing
Counseling Services and $20,000.00 for Reverse Mortgage Counseling Services; and
WHEREAS the grant award of $49,197.00 represents a 24% variance from the application of
$65,000; and
WHEREAS the grant provides funding to deliver a full range of housing counseling services to
help housing consumers improve housing conditions and meet the responsibilities of home ownership
and tenancy through home purchase counseling, mortgage default and foreclosure assistance, Home
Equity Conversion Mortgage Program (Reverse Mortgage) counseling, landlord/tenant responsibility
information, subsidized housing referral, home improvement resources and fair housing information; 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 Housing Counseling Program Grant 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 fifteen business day time frame (April 4, 2012 — April
18, 2012) 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 that the Oakland County Board of Commissioners
accepts the FY2012 Housing Counseling Program Grant Award of $49,197.00 including $29,197.00 for
Comprehensive Housing Counseling and $20,000.00 for Reverse Mortgage Counseling.
BE IT FURTHER RESOLVED that the FY2012 Housing Counseling Program Grant partially fund
one current (1) SR FTE Housing Counseling and Homeless Services Supervisor position (1090680-
03354) delivering housing counseling services.
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 & BUILDING COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Nuccio absent.
Pamela Worthington
From:
Sent:
To:
Subject:
Attachments:
IMPROMF,_,-41111,
Piir, Gaia <piirg@oakgov.com >
Wednesday, May 02, 2012 10:52 AM
Rieth, Karry: Williams, Kathy; Lambert, Gordon; 'Tinsley, Monica'
GRANT REVIEW SIGN OFF - Community & Home improvement Division- PY 2011/FY
2012 Housing Counseling Grant Acceptance
Grant Accept sign off pkg.pdf
GRANT REVIEW SIGN OFF — Community & Home improvement Division
GRANT NAME: PY 2011/FY 2012 Housing Counseling Grant
FUNDING AGENCY: U.S. Department of Housing and Urban Development
DEPARTMENT CONTACT PERSON: Karry Rieth 248 858 -5403
STATUS: Grant Acceptance
DATE: May 1, 2012
Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have completed internal grant
review. Below are the returned comments.
The captioned grant materials and grant acceptance package (which should include the Board of Commissioners' Liaison
Committee Resolution, the grant agreement/contract, Finance Committee Fiscal Note, and this Sign Off email containing
grant review comments) may be requested to be placed on the appropriate Board of Commissioners' committee(s) for
grant acceptance by Board resolution.
DEPARTMENT REVIEW
Department of Management and Budget:
Approved. — Laurie Van Pelt (4/18/2012)
Department of Human Resources:
Approved. — Karen Jones (4/18/2012)
Risk Management and Safety:
Approved by Risk Management. — Andrea Plotkowski (4/23/2012)
Corporation Counsel:
As a result of short turnaround time required, the above grant has already been signed by the County. At this point, a
review from our office is moot. Additionally, HUD has made it clear that the will not agree to language changes in these
grants.
If the County could request changes from HUD to the grant I would ask for limitations on the certifications in Section B 8
which are overbroad. These certifications listed below apply to "Grantee, and all Branches and Affiliates"
"(i) 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)
(j) 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 locai state, or federal level.
1
http:/iwww.ada.gov/pubs/ada.htm
HUD Nondiscrimination Based on Handicap in Federally Assisted Programs (24 CFR, Part 8 & 9)
http://www.access.gpo.gov/nara/cfr/waisidx 04/24cfr8 04.html
Federal Office of Management and Budget (OMB) Circular No. A -87, A-102, and A-133
http://www.whitehouse.gov/omb/circulars/index.html
Federal Funding Accountability and Transparency Act (FFATA) of 2006 (Public Law 109 -282)
http://www.gpo.gov/fdsvs/pkg/PLAW -109nuh1282/odf/PLAW -109pub1282.pdf
HUD Reform Act of 1989 (42 USC Part 3545)
HUD Reform Act (24 CFR Part 4)
http://www.access.gpo.gov/nara/cfrlwaisidx 04/24cfr4 04.html
Crimes and Criminal Procedure — Fraud and False Statements (18 U.S.C. Section 1001)
http://www.foodsafety.gov/—Ird/usofraud.html
HUD Nonprocurement Debarment and Suspension (2 CFR, Part 2424)
http://www.access.gpo.gov/na ra/cfr/wa isidx 08/2cfr2424 08, htm
HUD Government-Wide Requirements for a Drug Free Workplace (24 CFR, Part 21)
http://www.access.gpo.gov/nara/cfr/waisidx 04/24cfr23 04.html
Federal Anti-Lobbying Limitation on use of appropriated funds to influence certain Federal contracting and financial
transactions (31 USC 1352)
http://uscode.house.gov/uscode :
cgi/fastweb.exe?getdoc+uscview+t29t32+1811+0+4-%28Anti LobbyinF%29%20%20AND%20%28%2S31%29%20AD.13/420
USC%29%3ACITF.%20%20%20%20%20%20%20%20%20
HUD Restrictions on Lobbying (24 CFR, Part 87)
http://www.access.gpo.gov/narakfr/waisidx 04/24cfr87 04. html
Lobbying Disclosure Act of 1995. (2 USC 1601)
http://www.senate.gov/reference/resources/pdf/contacting10465.odf
The Education Amendments of 1972 (20 U.S.C., Sec 1681, 1 683, 1685-86)
http://www.usdoj.gov/crt/cor/coord/titleixstat.htm
American-made Equipment & Products
Gaia V. Piir
Grants Compliance and Programs Coordinator
Oakland County Fiscal Services bivision
Phone (248) 858-1037
Fax (248) 858-9724
piirg®oakgov.com
,ie .r3,,d-cvaellt e1110L,s1d,,-,: id.dci
:
Homeownership Center
The Wanamaker Building
100 Penn Square East
Philadelphia, Pennsylvania 19107-3389
April 4. 2012
Oakland County Housing Counseling
Kathy Williams
250 Elizabeth Lake Rd Ste 1900
Pontiac, MI 48341
Subject: FY2012 Housing Counseling Program Grant Award
Dear Kathy Williams:
I am pleased to inform you that Oakland County Housing Counseling has been
conditionally awarded a total grant of S49,197.00 to conduct a housing counseling program on
behalf of the Department of Housing and Urban Development (HUD). This award is in
accordance with the Housing Counseling Notice of Funding Availability (NOFA) posted on the
HUD Website December 1, 2011. and with the eligible activities in the work plan submitted in
your grant application. Funds will be obligated and made available upon execution of the Grant
Agreement and the timely submission of all the documents and information requested in this
letter. Please note that funds are subject to the availability of appropriations.
Funds for this grant award shall be used as follows:
Grant Type: COMPREHENSIVE COUNSELING
Grant Award: 529,197.00
Grant Type: REVERSE MORTGAGE COUNSELING
Grant Award: 5 70,000.00
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) 2012 Housing Counseling NOFA. Please sign and date all copies of the
documents including a signature on the last page of the Grant Agreement. Retain one copy of
each document for your records, and return one signed copy of the 1044 and one copy of the
signed Grant Agreement to William 1Vlorad, at the address above, within 15 business days of the
date of this letter.
NOITA Requirements
If your agency proposed Pre-Purchase and Home buying education activities you 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 Pre Purchase counseling
and homcbuyer education, the housing counselor must provide to the client(s) a copy of the
Fair Housing, It's Not An Option. It's The Law!
winp.Ini -()1, espanol.inuLgov
following materials: For Your Protection Get A Home Inspection Form 92564), and
"Ten Important Questions To Ask A Home Inspector." Grantee and sub-grantees, if applicable,
by and through a housing counselor, must document these activities.
HUD will not fund services proposed in the projected performance work plan(s) that are
not within the scope of eligible services. The projected performance work plan must be
consistent with the most current work plan on file with the appropriate HUD office, i.e., the
grantee cannot propose to provide services for which the grantee is not approved to provide.
Grantees are prohibited from using HUD housing counseling grand funds to reimburse
counseling activity costs for any counseling recipient for which the grantee received National
Foreclosure Mitigation Counseling (NFMC) reimbursement. For example. a grantee receiving
reimbursement from NFMC for counseling John Doe, cannot also bill the HUD housing
counseling grant for costs related to counseling John Doe that may have exceeded NFMC
reimbursement.
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(-4-md.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:
Indirect Cost Rate Documentation. See page 15 of the Housing Counseling NOFA
posted to the I-RJD Website December 1, 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.
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 5500,000 or more in Federal awards in the most recent
fiscal year must submit to MUD 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 30 of the General Section of the FY 2012 HUD NOFA,
published in the Federal Register on September 9, 2011.
An applicant who submitted an application during FY 2011 and included a copy of its
code of conduct will not be required to submit another copy IF the information has
not been revised and the applicant is listed on HUD's Website at
http:/%/www hud gov/o e s/adrulzr ants/co de ofe. onducti'c. onduct cfm
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. If you received multiple grant awards, submit a separate detailed
budget for each grant award. The budget should be a comprehensive budget listing
all proposed expenses under the Grant(s). 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, if applicable. The
budget must account for how every dollar being billed to the Grant will be spent.
Intermediaries, MS0s, and SHFAs reimbursing sub-grantees and/or branches at a
fixed rate per counseling/education activity and type are not exempt from this
requirement to provide an itemized budget for expenses. 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 the one that was submitted with the initial proposal
application, explain in detail to justify any changes. You may revise the form
ITUD-424-CB submitted with the application, or you may submit a budget in the
format of your choosing if the form HUD-424 CB does not provide enough detail.
The key is that all expenses are itemized. If usingform HLTD-424 CB, entries
relevant to the grant must be made in column 1, HUD share. If there are "other direct
costs" on line item h, please provide a breakdown of those costs on a separate page.
Intermediaries, Multi-State Organizations (MS0s) and State Housing Finance
Agencies (SHFAs) must also submit a detailed budget accounting for how all funds
not passed through to sub-grantees, or allocated to branches, will be spent. These are
funds used to administer the program, including training, travel, salaries, equipment,
and indirect costs, if allowed.
S. Revised Projections for Housing Counseling Grant Activities. In order for HUD to
effectively evaluate your performance on this award, and to ensure that our records
are accurate, please reconfirm or revise the proposed counseling activities and
outcome projections you described in Factors 3 and 5 of your FY12 Housing
Counseling Grant application(s) that will be funded.
The logic model form HUD-96010 will not be required. If the grant award amount
listed above is different from the amount requested in the grant application, you must
submit revised projections based on the actual award amount. Please use the
enclosed form HUD-9902 Housing Counseling Agency Activity Report to submit
your projections. Complete Sections 1,2, 6 (if applicable), 7, and 9 (Agency
Official). Enter data under the "Counseling and Education Activities Attributed
to HUD Housing Counseling Grant Funds" for the grant projections. If you
receive a Reverse Mortgage supplemental award please submit a separate HUD-9902
Report for those revised projections.
Revised projections should be consistent with the initial projections submitted with
the grant application and prorated to correspond to the actual award amount but
remain in the same proportion as initially submitted. Whether you are reconfirming
or revising figures already submitted, or submitting outcome projections for the -first
time, your response to this request, within 15 days of the date of this letter, is a
condition for your award. Applicants that have not submitted these figure S will not
be permitted to draw down funds.
Grantees will be required to submit actual achievements in the activities identified
above with each quarterly and final report in accordance with the reporting
requirements of the enclosed Grant Agreement. The information in the reports
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, IVISOs and SHFAs must
list sub-grantees and funded branches, and their corresponding sub-allocations, in
HCS.
7. Client Management System.. As a condition of award, the nrantee 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.
Intermediaries, MSOs and SHFAs must also list all relevant sub-grantees and the
CMS they utilize.
8. Return one sign copy of the 1044 and one copy of the signed Grant Agreement
(signature required on the last page of agreement).
Documents, projections, and information must be submitted to:
William Morad
U.S. Department of Housing and Urban Development
Single Family, Program Support Division
The Wanamaker Building
100 Penn Square East
Philadelphia, PA 19107-3380
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 .T. Bellisario
Director
Program Support Division
Enclosures: HUD-1044
Grant Agreement
HUD-9902
f), t't t
Signature & Title Date (mmidd/yyyyj
U.S. Depaitment of Housing
and Urban Development
Office of Administration
,,Istance Instrument 1 2. Type of Action ----,
Cooperative Agreement X Grant 7 Award I 1 Amendment
.;strument Number 4, Amendment Number 5. Effective Date of this Action 6. Control Number
i120321087 1 October 2011
Janne and Address at Recipient 8. HUD Administering Office
klarid County Housing Counseling Department of HUD, Program Support Dvision
0 Elizabeth Lake Rd Ste 1900 The Wanamaker Building
intiac, MI 48341 100 Penn Square East
Philadelphia, PA 19107-3389
NI NUMBER: 38-6004876 8a. Name of Administrator 8b. Telephone Number
JNS NUMBER: 136200362
• Recipient Project Manager G. HUD Government Technical Representative
William Morad 215-861-7686
. Assistance Arrangement 12. Payment Method 13. HUD Payment Office
1 Cost Reimbursement E Treasury Check Reimbursement CFO Accounting Center/HUD
] Cost Sharing • Advance Check PO Box 901013 I Fixed Price E Automated Clearinghouse
Fort Worth, -TX 76101
. Assistance Amount 15. HUD Accounting and Appropriation Data
Previous HUD Amount $ 15a. Appropriation Number 15b. Reservation number
HUD Amount this action $ 29,197.00 8612 0156 HC120321067
Total HUD Amount $ 29,197.00 Amount Previously Obligated $
Recipient Amount $ Obligation by this action $ 29,197.00
Total Instrument Amount $ 29,197.00 Total Obligation $ 29,197.00 _
5. Description
FY 2012- HOUSING COUNSELING GRANT VOUCHER UNDER LOCOS BUDGET LINE ITEM 9500.
GRANT TYPE: LHCA Comprehensive
17. >1 Recipient is required to sign and return three (3) copies
of this document to the HUD Administering Office
119. Recipient (By Name)
Kathy Williams.
Signature & Title
18. I Recipient is not required to sign this document.
20. HUD (By Name)
Brenda J. Bellisario
Date (rnm/ddiyyyy)
) 1 9 ))
Director, Procrem Support
form HUD-1042; (ST:):;)
ref. handbook 2210.17
1. Assistance instrument
Cooperative Agreement [71 Grant
2. Type of Action
Award Amendment
Date (mmiddlyyyj
Assistarice Awar6/1-kmandme tit and Urban Development
Office of Administration
3. instrument Number 4, Amendment Number 5. Effective Date of this Action 5. Control Number
H0120322007 1 October 2011
7. Name and Adare.ss of Recipient 8. HUD Administering Office
Oakland County Housing Counseling Department of HUD, Program Support Division
250 Elizabeth Lake Rd Ste 1900 The Wanamaker Building Pontiac, MI 48341 100 Penn Square East
Philadelphia, PA 19107-3389
TIN NUMBER: 38-6004876 8a. Name of Administrator 8b. T lephohe Number
DUNS NUMBER: 136200362 I
10. Recipient Project Manager 9. HUD Government Technical Representative
William Morad 215-861-7686
• 11. Assistance Arrangement 12. Payment Method 13. HUD Payment Office E Cost Reimbursement E Treasury Check Reimbursement CFO Accounting Center/HUD
[1] Cost Sharing D Advance Check PO Box 901013 E Fixed Price Z Automated Clearinghouse
Fort Worth, TX 76101
14. Assistance Amount 15 HUD Accounting and Appropriation Data
Previous HUD Amount 15a. Appropriation Number 15b. Reservation number
HUD Amount this action $ 20,000.00 8612 0156 HC120322007
Total HUD Amount $ 20,000.00 Amount Previously Obligated $
Recipient Amount S Obligation by this action $ 20,000.00
Total Instrument Amount $ 20.000.00 Total Obligation $ 20,000.00
16. Description
FY 2012- HOUSING COUNSELING GRANT VOUCHER UNDER LOCOS BUDGET LINE ITEM 9500.
GRANT TYPE: LHCA Reverse Mortgage Counseling
16 17. i./\f Recipient is required to sign and return three (3) copies
of this document to the HUD Administering Office
10. Recipient (By Name)
Kathy Williams
Signature & Title
Recipient is not required to sign this document.
20. HUD (By Name)
Brenda J. Bellisario
Signature & Title
Th
\
Director. Program Support
Date (rnmicielyyyy)
torn riUL...;-", U44 (".:;:f.„,
ref. Handbook 2210.17
UNITED STATES DEPARTMENT OF HOUSING AND URBAND DEVELOPMENT
HOUSING COUNSELING PROGRAM
2012 GRANT AGREEMENT
TABLE OF CONTENTS
ARTICLE 1-- GENERAL 1
ARTICLE II — DEFINITIONS 2
ARTICLE III -- PERIOD OF PERFORMANCE 4
ARTICLE IV — STATEMENT OF WORK 4
ARTICLE V —SUBCONTRACTS AND SUB-GRANTS 9
ARTICLE VI — ADMINISTRATIVE REQUIREMENTS 9
ARTICLE VII-- INSPECTION AND ACCEPTANCE 10
ARTICLE VIII CONDUCT OF WORK 10
ARTICLE IX — PRICE 10
ARTICLE X-- PAYMENT REQUESTS 12
ARTICLE XI—REPORTING 15
ARTICLE XII -- CONFLICTS OF INTEREST 18
ARTICLE XIII -- SECURITY OF CONFIDENTIAL INFORMATION 18
ARTICLE XIV -- DEFAULTS AND REMEDIES 18
ARTICLE XV — AMENDMENTS 19
ARTICLE XVI — RECORD KEEPING AND AUDITING 19
ARTICLE XVII — DISPUTES 20
ARTICLE XVIII -- AUDIT REQUIREMENTS 20
ARTICLE XIX -- DEBARMENT AND SUSPENSION 20
ARTICLE XX -- DRUG-FREE WORK PLACE REQUIREMENTS 20
ARTICLE XXI -- LOBBYING RESTRICTIONS 21
ARTICLE XXII -- NONDISCRIMINATION REQUIREMENTS 21
ARTICLE XXIII — MISCELLANEOUS 22
FY 2012 1-lousinL, Couns2iinc, Grant AnTearnent - LHCA
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, 2012 (Pub. L. No. 112-55). 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. Consolidated and Further Continuing Appropriations Act, 2012, Division C
Transportation, Housing and Urban Development, and Related Agencies
Appropriations Act, 2012 (Pub. L. No. 112-55);
5. Notice of HUD's Fiscal Year (FY) 2012 Notice of Funding Availability (NOFA)
Policy Requirements and the General Section to HUD's FY2012 NOFAs for
Discretionary Programs ("General Section"), available at:
http://portal.hud.gov/hudportal/documents/hud.doc?id-2012RensecNOFA.pdf .
6. Notice of Funding Availability (NOFA) for HUD's Fiscal Year 2012 Housing
Counseling Program ("Housing Counseling NOFA"), available at:
http://nortal.hud.gov/hudportal/documents/huddoc?id=2012hepnofa.pdf ;
7. HUD Handbook 7610.1-Rev. 5, Housing Counseling Program, as amended,
("Handbook 7610.1- Rev. 5"), available at:
http://www. h ud. gov/o ffi c es/admihudclips/handbo oks/hs di/7610.1/index. cfm;
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 NOEA, General Section, if
applicable, this Agreement, and HUD Handbook 7610.1-Rev. 5;
9. Form HUD-1044, Assistance Award/Amendment;
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 24 CFR § 214.3 and Handbook 7610.1-Rev. 5; and
11. Projected Performance Work Plan, The applicant's proposed plan and budget for
expending grant funds requested pursuant to the Housing Counseling NOFA.
FY 2012 Housing Counseling Grant Agreement - LHCAs Page 1 of 23
Grantee agrees to carry out eligible activities under this Agreement. The provisions
of this Agreement shall apply to the Grantee, and, where applicable, Sub-grantees
that will assist with carrying out this Agreement.
ARTICLE II— DEFINITIONS
A. Action Plan means the plan that outlines what the housing counseling agency and the
client will do in order to meet the client's housing goals and, when appropriate, addresses
the client's housing problem.
B. Affiliate means a nonprofit organization participating in the HUD-related Housing
Counseling Program of a regional or national Intermediary, or state housing finance
agency. 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; (3)
Authorized to do business in the states where it proposes to provide housing counseling
services and (4) incorporated separately from the regional or national Intermediary, or
state housing finance agency.
C. Branch or Branch Office means an organizational unit or subordinate unit of a local
housing counseling agency, regional Intermediary or national intermediary, not
separately incorporated or organized, that participates in HUD's Housing Counseling
Program. A branch or branch office must be in good standing under the laws of the state
where it proposes to provide housing counseling services. A branch or branch office
cannot be a 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 fide 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 Client Counseling 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-
i044.
H. Grant Agreement means this Agreement.
Grantee means the HUD-approved counseling agency that receives housing counseling
funds from HUD under this Agreement. In the case of a local housing counseling
agency, Grantee includes the Branches or Branch Offices identified in the Grantee's
Housing Counseling NOFA Application. In the case of an Intermediary, Grantee includes
the Branches or Branch Offices listed by the intermediary using the sub-allocation tool in
HUD's Housing Counseling System as a requirement of execution of this grant
document. Branches and Branch Offices of intermediaries may he amended, pursuant to
Article V.B.2 of this Agreement.
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-Rev. 5.
M. Intermediary means a HUD-approved organization that provides housing counseling
services indirectly through its Branches, or Affiliates, and exercises control over the
quality and types of housing counseling services provided by its Branches and Affiliates.
As used in this Agreement, the term Intermediary refers to any of the following entities:
(1) National Intermediary. A National Intermediary is an organization that operates
in multiple regions of the United States and provides: (i) Housing counseling
services through its Branches or Affiliates, or both; and (ii) Administrative and
supportive services to it 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 that operates
in a generally recognized region within the United States, such as the Southwest,
Mid-Atlantic, New England, and 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 proposed plan and detailed
budget for expending all grant funds requested pursuant to Housing Counseling NOFA.
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 is connected with an Intermediary for
purposes of the Housing Counseling NOFA. In the case of an Intermediary, Sub-
grantees, if any, are required by this Agreement to be listed by the Grantee using the sub-
FY 2012 Housing Counseling Grant Agreement - HHCAs Page 3 of 23
allocation tool in HUD's Housing Counseling System. The list of Sub-grantees may be
amended, pursuant to Article V".B.2 of this Agreement.
Other pertinent definitions located in the Housing Counseling NOFA, 24 CFR Part 214,
and Handbook 7610.1-Rev. 5, as amended, are applicable to this Agreement.
ARTICLE III -- PERIOD OF PERFORMANCE
A. Period of Performance. The Period of PerfOrmance shall begin on October 1, 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 prior written approval of HUD. 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 justify and explain the necessity of the requested extension,
the specific time frame of the proposed extension, and 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
of the Period of Performance.
ARTICLE IV -- STATEMENT OF WORK
A. Housing Counselina Services.
I. 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, with approval from the GTR, if the amount of grant funds actually awarded
were less than requested in the application. Grant funds shall be used only 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 LUG scope o f eligible os,t
A Grantee must receive approval from the GTR before implementing any changes in
the Projected Performance Work Plan(s) proposed in its application. A grant awarded
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 BUD.
Grantee, and its Sub-grantees, if any shall furnish the necessary personnel, materials,
services, facilities (except as otherwise specified herein), and otherwise do all things
necessary for, or incidental to the performance of the work set forth in this
Agreement. When there is a change in the management staff or housing counselors
responsible for the Grantee's housing counseling program, the Grantee must notify
GTR in writing within -fifteen (15) days of the change. . Grantee and its Sub-grantees,
if any, must be knowledgeable about HUD housing programs, including Federal
Housing Administration (FHA) programs, housing programs available in the
community and the local housing market in which the Grantee and Sub-grantees
operate, and discuss these programs with clients, along with other viable alternatives,
when applicable and appropriate.
Provision of Services.
To be considered eligible for reimbursement for one-on-one counseling conducted by
an employed-housing counselor, the Grantee, and Sub-grantee and Branches, if
applicable, must perform and document these activities through the participating
agency's HUD compliant client management system:
• Third Party Authorization/Privacy Policy Statement — The 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. The date that the
third party authorization/ privacy policy statement was verbally provided to
the client during telephone counseling must be documented in the file.
• Budget / Financial Analysis — The housing counselor must conduct an
analysis of the client's unique financial situation that includes a review of
client's income, expenses, spending habit's, 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
housing goals and, when appropriate, addresses the client's housing
problem(s).
• Discuss Alternatives — The housing counselor must discuss options and
alternatives available to the client. If the counselor provides information
about a specific service, program, feature or product, he/she must also provide
information on relevant alternatives. If available, at least three reasonable and
comparable alternative sources must be provided. FHA products, features or
programs must be discussed as one of the three available mortgage
alternatives, if applicable. The housing counselor must document the
FY 2012 Housing Counselinu Grant Agreement - L,FiCAs Page 5 of 23
discussion of alternatives, including the specific programs, services, features
or products discussed, in the client's counseling file.
0 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 ensure that the client is progressing toward his or her housing goal,
to modify or terminate housing counseling, and to learn and report outcomes.
Home Inspection Materials - During the course of pre-purchase counseling
and homebuyer education the client(s) must be provided a copy of the
following materials: "For Your Protection Get a Home Inspection", (HUD
Form 92564), and "Ten Important Questions to Ask A Home Inspector."
Both documents can be found at:
http://portal.hud.gov/hudportal/HUD?src—ii want to/buy a home
To be considered eligible for reimbursement for group education, Grantee, and Sub-
grantee or Branch, must provide formal classes (in person, or remote) with
established curriculum and instructional goals.
When providing the eligible housing counseling services, Grantee, and its Sub-
grantees where applicable, shall:
Coordinate with HUD, mortgagees, and public and private community
organizations that are also working with the client in order to provide
maximum service to the client.
(ii) Refer clients, as appropriate, to other community service organizations.
(iii) Provide housing counselingservices 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 Prop-ram, 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.
(vii) 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, in which the Grantee or Sub-
grantee is unavailable, does not have expertise, lacks sufficient resources, or does not
have a counseling sessions available during the time period sought by the individual.
B. Requirements.
(i)
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 Handbook 7610.1-Rev. 5.
2, Client Management System (CMS). Grantee and Sub-grantees, if applicable, must
utilize a client management system that meets HUD's requirements as listed in
Handbook 7610.1 — Rev. 5, 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 AR1VI version 3.0 in FY 2012. ARM 3.1 will
be accepted for a brief period, so long as the CMS is in the process of upgrading to be
ARM 4.0 compliant.
Additionally, Grantee must capture all mandatory data elements and provision of
services outlined in Article IV.A.2, and complete all required data fields as defined by
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, Branches and Sub-
grantees, where applicable, that provide direct services will be maintained on HUD's
list of housing counseling agencies and toll-free hotline. This list will include
separate contact information for each Sub-grantee or Branch. Grantee, and where
applicable its Sub-grantees, must ensure that all agency profile data, and any sub-
allocation data recorded in HUD's Housing Counseling System (HCS) is correct and
current, and updated in a timely manner when changes occur.
4. HUD-funded Housing Counseling Program Evaluation. Grantee and all Sub-grantees
are required to cooperate with HUD staff in research and evaluative studies related to
the Housing Counseling Program and Grant Funds,
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 access to facilities, requests for access to agency's
Client Management System, and requests for information, including, but not limited
to, complete client counseling files and client level data,. Oversight may include, but
is not limited to remote inspection of client counseling files, on-site performance
reviews by HUD staff or designate, and mystery shopping. If Grantee, or Sub-
grantees, has other obligations that require client information to be kept confidential,
Grantee or Sub-grantees 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 § 214.313 permit housing counseling agencies to receive payments from a
lender for housing counseling services (with the exception of reverse mortgage
FY 2012 Housing Counseling Grant Agreement - LHCAs Paso 7 of 23
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-104, the cover to this Grant
Agreement, Grantee renews the assurances and certifications made with its
application for Housing Counseling approval, form HUD-9900 available at
http://www.bud.gov/officesiadin/hudclinsiforms/hud9a.efrriftgroub4 . Specifically,
Grantee assures that it, and HUD program Branches and Affiliates, if applicable, will:
a. Administer the housing counseling in accordance with Title VI of the Civil Rights
Act of 1964, Title VIII of the Civil gights 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 other agencies
(with the exception of education provided through web-based technology) for the
delivery of all or any part of the services in our proposed Projected Performance
Work Plan as approved by HUD.
c. Represent clients without any conflict of interest by Grantee, paid and volunteer
staff, or board members that may compromise the Grantee's ability to represent
fully in the best interests of the client in accordance with HUD Handbook 7610.1-
Rev. 5.
d: Meet all local, State, and Federal requirements necessary to provide housing
counseling services, including the management and liquidation services, if
applicable.
e. Comply with the fee guidelines set forth in Handbook 7610.1-Rev. 5.
f. Accept all clients that the agency has the capacity to serve.
Additionally, Grantee, and all Branches and Affiliates by incorporation, certifies:
g. 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.
h. 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.
i. 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 regulation. (Set 24 CFR Part 214).
j. 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.
k. 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).
1. That Grantee and all employees, board members, and partners, meet all HUD
Housing Counseling Program approval requirements as outlined in HUD
Handbook 7610.1-Rev. 5 and 24 CPR Part 214.
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) and 85.30(d)(4), a Grantee that is subject to 24 CFR Part 84 shall not sub-
grant, transfer, or contract any of 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 that are central to the purposes of this Grant. Notwithstanding
this general prohibition, a Grantee may sub-grant, transfer, or contract if any of the
following exceptions apply:
I. For a Grantee that is subject to 24 CFR Part 84, the sub-grant, transfer, or contract
was described in Grantee's grant application and approved and funded in the
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 web-based education services.
4. 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 and 24 CFR,§§ 84.84 or 85.36.
B. Salary Limitation for Consultants. FY 2012 Grant 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 FY2012 is $129,517. The hourly
rate is $62.06.
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. Grants and Agreements with Institutions of Higher Education, Hospitals and other
Non-Profit Organizations, 24 CFR Part 84, as applicable; and
2. Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals and Other Non-Profit Organizations, 2
CFR Part 215, as amended.
-71110 rnimc,plincr nrant A aroprnpnt - 1 ,f-Ir A c Pare 9 of 23
B. An agreement with a State, local or federally recognized Indian Tribal government shall
he subject to the following administrative requirements as they may be amended:
Administrative Requirements for Grants and Cooperative Agreements to State,
Local and Federally Recognized Indian Tribal Governments, 24 CFR. Part 85; and
2. OMB Circular A-102, Grants and Cooperative Agreements with State and local
Governments.
C. Mergers, acquisitions, or other changes in form or organizational structure must be
reported to the GTR. 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
may be eligible to receive grant funding made to the original Grantee, provided that 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, work plan, target
community, and personnel 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 GTR or GTM shall inspect and accept the services and deliverables provided under
this Agreement.
ARTICLE VIII -- CONDUCT OF' WORK
The GTR shall be Grantee's first and primary point of contact with HUD on all matters of
a technical nature. Grantee shall submit all reports or other materials to the GTR. The GTR may
issue written or oral instructions to Grantee to supplement the Statement of Work described in
this Grant. Such instructions must be within the Scope of Work set forth in this Grant, and may
not be of such a nature as to affect price, Period of Performance, or any other provisions of this
Agreement. The GTR may designate a GTM to assist with grant management and the GTR shall
notify Grantee in writing of the appointment of any GTM.
ARTICLE IX — PRICE
A. Maximum Grant Amount. Grantee shall be paid according to the terms of this
Agreement for all work required, performed, and accepted under the Agreement in an
amount not to exceed the amount shown in block fourteen (14) of the attached Form
HUD-1044 (Maximum Grant Amount). Grantee shall bear the burden of all costs in
excess of the Maximum Grant Amount.
B. Desianation of Assistance Arranacment. 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-1014 All Grants, sub-grants, contracts and allocations
under this Agreement shall be made on a cost reimbursement basis.
C. Prior Approval Required for Revisions to Projected Performance Work Plan and Buhet.
Grantee shall report and request prior approval from HUD for deviations from Projected
Performance Work Plan and Budget in accordance with the applicable regulations in 24
CFR §§84.25, 84.82, or 85.10.
D. Cost Reimbursement. Grantee shall comply with the applicable regulations in 24 CFR
Part 84, Subparts A through D, or 24 CFR Part 85.
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 any part of this Grant to satisfy a 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 Cost Principles for Non-
Profit Organizations (OMB Circular A-122), 2 CFR Part 230, Cost
Principles for State, local and Indian Tribal Governments (OMB Circular
A-87), 2 CFR Part 225, and Cost Principles for Educational Institutions
(OMB Circular A-21), 2 CFR Part 220. If these circulars are revised
during the period of performance of this Agreement the most recent
revision shall apply.
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 (I) 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 for audit.
Indirect cost rates must be applied to the proper base.
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.
E. Grantees with Multiple Sources of Funding. Grantee shall not be reimbursed by HUD
under this Afireement for time sbent providing services that are directly or indirectly
FY 2012 Housing Counseling Grant Agreement - LHCAs PactP II of 23
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 not receive reimbursement from any other funding source. For oversight purposes,
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 (to verify
that HUD is not reimbursing Grantees for activities being billed to another source of
funding, for example).
a. Grantees are prohibited from using Grant Funds to reimburse counseling activity
costs for any counseling recipient for which the grantee received National
Foreclosure Mitigation Counseling (NFMC) Program reimbursement. For
example, a grantee receiving reimbursement from NFMC for counseling John
Doe, cannot also bill the Grant, which is the subject of this Agreement, for costs
related to counseling John Doe that may have exceeded NFMC reimbursement.
F. Burden of Proof. The burden of proof for services rendered rests with the Grantee. All
supporting records are subject to inspection and audit by HUD at any time during and
after the expiration of the Period of Performance as specified in Article XVI.
G. Restrictions on Use of the Grant Award. The Grant Funds awarded under this Agreement
shall be used in accordance with the terms of this Agreement, the Grantee's grant
application as approved by HUD, the Housing Counseling NOFA, the General Section,
Handbook 7610.1-Rev. 5, applicable Federal laws and regulations, and may be further
restricted in block sixteen (16) of the attached Form HUD-1044. Such restrictions may
include, but are not limited to the, special award conditions described in 24 CFR §§ 84.14
and 85.12.
ARTICLE X -- PAYMENT REQUESTS
A. General Payment Procedures. The forms referred to in this paragraph are available from
HUD's website at httn://www.hud.govloffices/adm/hudclipsiindex.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.
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.
Each individual in Grantee's organization who will be authorized to access the Voice
Response System/Line of Credit Control System (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 whose
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-270 s 4.
4. It is Grantee's responsibility to immediately notify the LOCCS Security Office at
HUD when any individual with current access to VRS/LOCCS is no longer employed
by the Grantee and/or should be denied access to Grant funds for any reason. The
LOCCS Security Office may be reached at (202) 708-0764 or toll free at (877) 705-
7504. The GTR or GTM, or both, must- be notified of the Grantee's actions.
5. The GTR may provide additional instructions on accessing and using the
VRS/LOCCS.
6. All vouchers for Grant payments must be submitted to HUD on the Form HUD-
27053, LOCCS/VRS Request Voucher for Grant Payment, utilizing the
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) ri;lys of receiving the funds from HUD. Grantee's payments to
Sub-grantees and contractors, if applicable, shall substantially match these ,standards.
The GTR or GTM will process the final voucher only upon receipt of an acceptable final
report.
D. Documentation for Draw Downs Not Done in Conjunction with Quarterly Reports.
Grantees that draw down funds on a schedule that does not coincide with quarterly, mid-
term and final reports, must, in conjunction with each draw, submit a written
justification that includes a detailed budget, the number of clients served through
individual counselinv, 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 Ex -.)enses. Grantee must maintain source documentation of direct
costs, such as invoices, receipts, cancelled checks, and personnel activity 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.
FY 2012 Eousing Counseling Grant Agreement - RCAs Page 13 of 23
All 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.
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 maintained Per all staff members (professionals and
nonprofessionals) whose compensation is charged, in whole or in part, directly to
awards.
The reports must reflect an after-the-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 and 85.20.
H. Withholding of Funds. HUD may withhold payment to a Grantee if any project
objective; term or condition of this Agreement; or Federal reporting requirement as
established by the applicable regulations in 24 CFR § 84.22 (h)(I), is 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 HUD-9902 data
reflecting counseling activities attributable to all sources offunding. 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.
HUD may also withhold payment to Grantee if Grantee is suspended or terminated from
any other HUD Program, voluntarily or involuntarily placed on inactive status, or
suspended or terminated from HUD's Housing Counseling Program.
Overdue Reports. No payment requests shall be approved for a Grantee who has an
overdue or incomplete report until a complete report has been submitted by the Grantee
and approved by HUD.
Funds Recapture. HUD may recapture any unspent funds. Grantees are required to
cooperate with recapture requests, including any paperwork requests. HUD may utilize
recaptured funds in subsequent Housing Counseling NOFAs or in other ways authorized
by the Housing Counseling Program's appropriation.
ARTICLE XI—REPORTING
A. Quarterly Performance Reports Given that Grant Funds will be awarded mid-way
through the period of performance, the first quarterly report will be due to the GTR or
GTM not later than thirty (30) days from the end of Quarter 3 (by July 31, 2012). This
report must satisfy all requirements described below for both the reporting period and
cumulative period.
I. Grantee's name, address, and grant number as they appear on the grant document;
2. Start and end dates of the report period;'
3. Hourly rate. Identify each counselor or other employee whose time/activity is being
billed to the Grant, each counselor or other employee's title, and the hourly billing
rate used to calculate reimbursement from HUD or a parent agency for that each
counselor or other employee's time/activity; or, in the event of fixed-price
reimbursement, document actual expenses. Explain exactly how hourly rates are
calculated;
4. Client List. List all counseling client file numbers group file numbers, and group
education file numbers attributed to the Grant in alpha or numeric order. This list
should indicate the activity attributed to the relevant quarter, and the cumulative total
for the entire Grant year. Indicate for each the relevant counseling or education type.
The electronic submission of client level data may satisfy this requirement if
households served under the grant are identified. The client list must identify the
branch or main office that served the client;
5. Staff hours. Indicate for each relevant counselor and other employee the total number
of hours being billed to the Grant cumulatively and for the quarter. For each
individual whose work time will be reimbursed from the Grant, multiply the relevant
hours by the relevant hourly rate (see Hourly Rate) and indicate the cumulative total
and total for the quarter; .
6. Budget. Submit a detailed, comprehensive budget listing expenses for each distinct
quarter, and the Grant period to date, under the Grant. At a minimum, the budget
must include the following as applicable: salaries, fringe and other benefits, training,
travel, rent, phone, postage, supplies, technology/equipment, marketing, and indirect
costs. The budget must account for the expenditure of each dollar being billed to the
Grant. If reimbursement is being requested for activity attributable to the Grant that
occurred in the first or second quarter, the third quarter budget submission must
include an itemized accounting/budget reflecting expenses incurred during the correct
time period.
7. 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:
8. Authorization. Include the signature and title of a person authorized by the Grantee to
sign the report;
FY 2012 Housina Counselin<z Grant Aueenicut - LIACAs Page 15 of 23
9. Form HUD-9902. Update the Form HUD-9902 electronically through the Housing
Counseling System (MS) so that the right hand column, or HUD Housing
Counseling Grant Activity column, reflects activity funded with HUD housing
.counseling grant funds.
To be counted under the Grant, HUD housing counseling grant funding must
represent 50% or more of the cost of providing the counseling service. If multiple
funding sources covered the actual costs, the activity is attributable to the Grant only
if HUD housing counseling grant funding covered 50% or more of the actual costs. If
the activity cannot be attributed to the HUD Housing Counseling Grant using this
criterion, the Housing Counseling Grant can cover the documented costs, but the
activity cannot be recorded on the Form HUD-9902.
At the time the third quarter reporting is due, HCS should be updated to provide a
separate HUD Grant activity reporting column for each individual award during this
Period of Performance (for example, 2012 Comprehensive, 2012 HECM
Supplemental, and/or 2010 MMMSA, if applicable). HCS will list the relevant
columns for each reporting agency. Grant activity should be reported in the
, appropriate column, according to specific grant under which the activity occurred.
Currently, grant activity data submitted via Form HUD-9902 through HCS must be
entered manually. The system does not contain functionality that will accept this data
submission via a client management system (CMS).
Should HCS not be updated in time to reflect multiple columns for multiple grants
during the Period of Performance, grantees must report all activity attributable to all
HUD Housing Counseling Grants in this single column. Grantees must also indicate
in the quarterly report narrative the total quantity of activity attributable to this Grant, •
itemized by counseling and education type as they appear on Form HUD-9902.
Although the first report under this Grant does not occur until the third quarter,
Grantees must, at that time, enter activity attributable to the Grant in the quarter
during which it occurred. For example, if activity attributable to the grant occurred in
the first two quarters, the Form HUD-9902 for those first two quarters must be
updated at the time of the third quarter report to accurately reflect the timing of
activity under the Grant. BUD will not consider retroactive entries of first and second
quarter Grant activity data as late.
B. Final Re ort — LFICAs. A final report for the 12 month period ending September 30,
2012 is due when the Grantee has completed all Grant activities that will be funded under
the Grant, but not later than December 31, 2012. The final report must cover all activity
conducted under the Grant. In addition the Grantee must submit 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. Items such 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 should be
included in this narrative report. The final report shall also describe any action taken or
contemplated, and any assistance needed to resolve the situation. The GTR or GTM will
process the final voucher only upon receipt of an acceptable final report.
C. Federal Sub-award Reportino, System. Grantees are required to report first tier sub-grant
award and executive compensation information in the Federal Funding Accountability
and Transparency Act's (FTATA) Federal Sub-award Reporting System (FSRS), in cases
where either 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 one month after
the end of the month in which 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 of the Grantee or Sub-grantee if:
* More than 80% of annual gross revenues are received 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.
Sub-awards of less than $25,000 made to individuals or to an entity whose annual
expenditures are less than $300,000 are exempt from this repotting requirement.
D. Delinquent Reports. Submission of any reports required in this Article beyond the stated
due dates will be considered delinquent unless HUD grants a written extension.
FY 2012 Housing Counseling Grant Agreement - LHCAs Page 17 of 23
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 ervices 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 satisfy this requirement, Grantee shall
complete the Form HUD-2880, Applicant/Recipient Disclosure Update Report, and this
completed Form is hereby incorporated into this Agreement. Grantee shall update the
Form HUD-2880 as required by the HUD Reform Act of 1989 and 24 CFR § 4.11.
ARTICLE XIII -- SECURITY OF CONFIDENTIAL INFORMATION
A. Security. Grantee shall secure 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 hot disclose such information 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, including credit reports, regardless of whether the information is
received from the client or from another source, or is collected electronically or on paper.
Grantee and Sub-grantees must ensure that neither they nor their CMS vendor discloses
the information in the client's individual counseling file to anyone except for authorized
agency personnel and HUD, Any disclosure of client information requires the express
permission of the counseling recipient whose information is to be shared.
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 an a Grantee, subject to 24 CFR
Part 84, who demonstrates the characteristics or behavior specified in 24 CFR § 84.14.
Q
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, certifications,
application, or notice of award, (2) the failure to expend Grant funds in a timely manner
if a cost reimbursement grant, (3) where applicable, Grantee's failure to maintain HUD-
approved status during the Term of this Agreement, and (4) any misrepresentation in the
application that, if known by HUD, would have resulted in this Grant not being awarded.
C. Notice of Default. If any Event of Default occurs, the Grant Officer shall give Grantee
written notice of the occurrence of the Event of Default and a reasonable opportunity to
take corrective action. The Notice shall identify (1) the Event of Default, (2) the required
corrective action by to be taken by the 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 Grant, terminate the Grant for cause, or take other remedies that may
be legally available. The applicable regulations at 24 CFR §§ 84.60 through 84.62,
84.86, and 85.43 through 85.44, discuss some of these available remedies.
ARTICLE XV — AMENDMENTS
This Agreement may be amended at any time by a written amendment. Grantee shall
submit requests for amendments to the Grant Officer with a copy of the request to the
GTR. Amendments that affect 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 unilaterally amend any provision of this Agreement.
ARTICLE XVI — RECORD KEEPING AND AUDITING
A. Record Keening 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. Grantees may use any record keeping system provided
that the system chosen interfaces with HUD's database system for reporting purposes,
FY 2012 Housing Counseling Grant Agreement - LHCAs Page 19 of 23
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.
ARTICLE 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.
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.
ARTICLE XX -- DRUG-FREE WORK PLACE REQUIREMENTS
Grantee will comply with HUD's requirements for recipients of financial assistance at 24
CFR Part 21, which requires Grantee to maintain a drug-free workplace and to take such
actions as publishing a drug-free workplace statement, establishing a drug-free awareness
program, and taking actions concerning employees convicted of violating drug statutes in the
workplace.
ARTICLE XXI -- LOBBYING RESTRICTIONS
A. General Restrictions. Consistent with the Byrd Amendment (31 U.S.C. §1352) and
HUD's implementing regulations, 24 CFR Part 87, neither the Grantee nor its 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,
or 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 a Sub-grantee shall submit its certification to the
next tier above. The Form HUD-50071 is hereby incorporated into this Agreement.
C. Disclosures. As required by 24 CFR § 87.110, a Grantee or Sub-grantee that receives
grant funds exceeding $100,000 shall.disclose using SF-LLL, Disclosure of Lobbying
Activities, any payments made or any agreement to make any payment from non-
appropriated funds that would be prohibited under 24 CFR § 87.100(a) if paid for with
appropriated funds. These disclosures shall be updated as required by section 87.110(c).
A Sub-grantee shall submit its disclosures to 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.
A 1-v-rri--,r iT v-vrr INr yyvniccorrar A T. i (AM REQUIREMENTS !All 1 I i 1 1 ifi lli n-.1\11V.1-1. 1:1. A
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
FY 2012 1-lousing Counseling Grant Agreement - LHCAs Page 21i of 23
11
Assisted Programs of the Department of Ilousing 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. §§ 168 1-
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. §§ 3601-619) and implementing regulations at
24 CFR Part 100, Discriminatory Conduct Under the Fair Housing Act;
5. Executive Order 11063, as amended by Executive Order 12259, and
implementing regulations at 24 CFR Part 107, Nondiscrimination and Equal
Opportunity in Housing Under Executive Order 11063; and
6. Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-107) 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.
ARTICLE XXIII — MISCELLANEOUS
A. Order of Precedence. In the event of any inconsistency among any provisions of this
Agreement, the following order of precedence shall apply:
1. Section 106 of the Housing and Urban Development Act of 1968 and other
applicable Federal laws;
\ By: By:
Name:
Title:
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
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. No party to this Agreement 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
COUNSELLNG
HUD:
UNITED STATES DEPARTMENT
OF HOUSING AND URBAN
DEVELOPMENT
Brenda J. Bellisario
Program Support Division
COUNTY OF OAKLAND
Community & Home Improvement Division
Housing Counseling & Homeless Services Unit
Federal Fiscal Year 2012 HOUSING COUNSELING GRANT
Detailed Budget
-----1 HUD Share HUD Share Other HUD Funds State Share Local TOTALS
Comprehensive Reverse Community Neighborhood Mortgage Modifi- Michigan State Share
Housing Mortgage Development Stabilization cation & Mortgage Housing Oakland
Counseling Counseling Block Grant Program (NSP) Scams Assistance Development County
(CDBG) Grant (MMMSA) Grant Authority
Homeownership
- Counseling
Pcscsonnel $18,197 $12,500 $106,920 $23,651 $14,815 $21,855 $ 53,500 $251,438
( * labor)
Fri nge Benefits $11,000 $ 7,500 $61,008 $13,419 $ 8,260 $14 145 , $ 30,500 $145,832
Travel/Training
Private $ 1,100 $ 1,100
Mileage
L.Illing $ 2,000 $_ 2,000
.:aisportation 2,400 $ 2,400
• lies
Consumable $ 2,000 $ 2,000
\Jion- $ 11,325 $ 11,325
consumable
Oi her Direct $ 25,725 $ 25,725
-osts
Sub-total $29,197 $20,000 $212,478 $37,070 $23,075 $36,000 $ 84,000 $441,820
-kind Service $ 49,005 $ 49,005
* $29,197 * $20,000 $196,675 $37,070 $23,075 $36,000 $133,005 $490,825
The total Housing Counseling Grant "HUD Share" of $49,197 represents Comprehensive Housing Counseling funding ($29,197) and supplemental
canding for Reverse Mortgage Counseling ($20,000). The total $49,197 HTJD Counseling Share is 10% of the total housing counseling budget.
Read the instructions and Public Reporting Statement on the back of this form.
2. Reporting Period and Budget 1. Counseling Agency Name
gency Name
•Oakland County Housing . Counseling
Ac,::2ricy 0):
LHCA
250. Elizaeth Loi Pc1,,
MI 49341 -0414
Parent Agency Name. Of ic)
iAgiiriincy
Agency Type:
1 (/01P011
09/30/2012
•Date -I-• •ii . Submitted: • . , ...•
Total Annual Housing Counseling Program Budget, All Sources:
$ 441,820
-IUD-Funded Act:Nifty:Ratio:
: 05
From:
To:
Counseling and Education
Activities Attributed to
HUD Housing Counseling
Grant Funds
All Counseling and
Education Activities
Ste 1900
Section 3 Total:
sian
Black or African American
d. 'Native Hawaiian or Other Pacific Islander
e.'White
4. Race of Clients
Single Race
a. American Indian/Alaskan Native
b.
,M..iti-Race
f. lAmerican Indian or Alaska Native and White
Asian and White
Black or African American and White
I.!American Indian or Alaska Native and Black or African
'American
Other multiple race -
Flousino Counseling
Agency
Activity Report
U.S. Department of Housing and Urban
Development
Office of Housing
Federal Housing Commissioner
01\d3 Approval No. 2502-0261
(Exp. 09/30/2012)
3. Ethnicity of Clients
a.i Hispanic
[b. Not Hispanic
Chose not to respond
hose not to respond
Section 4 Total:
5. Income Level
50 - 79% of AMI
SO - 100% of AMI
> 100% AMI
Chose not to respond
Pace 1 Of 7 ref. Handbook 76 I 0.1 form HUD-9902 (10/2006) Previous editions are obsolete.
1Counseling and Education
Ali Counseling and Activities Attributed to
Education Activities HUD Housing Counseling
Grant Funds _
Section 5 Total: I
- -
6. Clients Receivin Education/Grouw Worksho s
La . ompletecl pre-purchase homebuyer education workshop
O. Completed financial literacy workshop, including home
financing, budgeting and/or credit repair
. Completed resolving or preventing mortgage delinquency
workshop
. Completed non-delinquency post-purchase workshop,
including home maintenance and/or financial
management for homeowners
e. Completed fair housing workshop
Completed predatory lending workshop
. Completed rental workshop
h. Other workshop
Section 6 Total:
7. Numbers of Clients Counseled b Pur.ose of Visit and Results -- --
a. Seekin Pre-Purchase Homebu er Counselin :—
1.) Purchased housing
Client will be Mortgage Ready within 90 days
Client will be Mortgage Ready after 90 <= 180 days;
entered debt management plan or some other type of
long-term financial plan to prepare for homeownership i
4) Receiving long term (> 180 days) pre-purchase
counselin
5) Entered lease purchase program
6) Decided not to purchase housing; no further effort to
prepare needed
\ Withdrew from counseling
Other
Section 7a Total: o
b. Seekins Hel with Resolvins o Preventin Mort a e Delin uenc .
1) Brought mortgage current
'2) Mortgage refinanced
3) Mortgage modified :). •
4) Received second mortgage
'5) Initiated forbearance agreement/repayment plan
6) Executed a deed-in-lieu
7) Sold property/chose alternative housing solution
8) Pre-foreclosure sale
9) Mortgage foreclosed 14
10) Counseled and referred to another social service or
emergency assistance agency
11) Obtained partial claim loan from FHA lender
Page 2 of 7 ref. Handbook 7610.1 form HUD-9902 (10/2006) Previous editions are obsolete.
All Counseling and
Education Activities
Counseling arid Education
Activities Attributed to
HUD Housing Counseling
Grant Funds
13) Entered debt management plan
1 15) _Currently receiving foreclosure prevention/budget
counseling
14) Counseled and referred for legal assistance Counseled and referred for legal assistance
12) Bankruptcy Bankruptcy
16) 'Withdrew from counseling
Other
Section 7b Total:
c. Seeking Hel• with Home Maintenance and Financial Management for Homeowners
Counseled on HECM; decided not to obtain mortgage
Obtained a non-FHA reverse mortgage
Received home equity or home improvement loan or
other home repair assistance
Mortgage refinanced
ounseled and referred to other social service agency
Sold house/chose alternative housing solution
Completed financial management/budget counseling
ounseled and utilities brought current
12) 'Counseled and referred for legal assistance
13) 'Currently receiving counseling
Withdrew from counseling
15) 'Other
Section 7c Total:
LEL Seekin g Help in Locating,
:1) Received housing search assistance
2) Obtained temporary rental relief Obtained temporary rental relief
Counseled and referred to agency with rental assistance
program
Advised on recertification for HUD/other subsidy program
Counseled and referred to other social service agency
Counseled and referred to legal aid agency for fair
housing assistance_ _
Counseled and referred to legal aid agency for assistance
with eviction
Found alternative rental housing
past; 3 of 7 n:ff, Handbook 76 !0_ 1 form HUD-9902 (10/2006) Previous editions are obsolet(=:.
— i
'Counseling and Education
All Counseling and Activities Attributed th
Educatzon Activities FitM Housing Counseling
Grant Funds
9) Dec;ec, to remain in cu rent housing situation ----7
10) Resolved issue in current tenancy 111111111111M 29
11) ,Entered debt management/repayment plan IIIIIIIIIIIII;
2) Counseled and utilities brought current immumill.11101.1000"
Resolved security deposit dispute
14) Currently receiving counseling .
15) Withdrew from counseling IIIIIIIIIIIIIMIIIIIIIIIIIIIi
Other
Se ion 7d Total: _
.e. Seekm Shelter or Services for the Homeless
I ) Occupied emergency shelter 1111111111111111111.
Occupied transitional housing
Occupied permanent housing with rental assistance 1.11111.111111
4) Occupied permanent housing without rental assistance IIIIIIIIIIIIII.
Counseled Referred to other social service agency IIIIIIIIIIIIII
Remained homeless
7) Currently receiving counseling 11111111111111111
8) Withdrew from counseling
9) Other 111111111111111111
I Section 7e Total: o ,
Individual Counse in if Sections 7 a-e Total' DJ 1 0
Total_Counseling Jaestions 6 and 7 Total: 140
. HUD Housin Counseiin Grant s Data
HUD Housing Counseling HUD Housing Grant or Grant Type Counseling Grant Sub-grant Amount Application Number
11C120321067 L , 29 179
[section S Total; --
9 Authorization
n ut Official A enc Official
'First Name: MIMIIMIIIIIIIIIIMIII First Name! I athv
131=111111111M111 1-18s` NE'Tne Williams
itin: ,tune.rvi r 11111M.01M111111111111M11111110 - '
IPhone: (248) 858-1189 Ext. Phone: (248) —858-118
Page 4 of 7 ref. Handbook 7610.1 form HUD-9902 (10/2006) Previous editions are obsolete.
Counseling and Education
Activities Attributed to
HUD Housing Counseling
Grant Funds
All Counseling and
Education Activities
Section 3 Total:
Multi-Race
j. jAmerican Indian or Alaska Native and White
Asian and White
h. (Black or African American and White
merican Indian or Alaska Native and Black or African
American
Other multiple race
Chose not to respond
Section 4 To
a, < 50% of Area Median Income
b. 50 - 79% of AMI
a,
Chose not to respond
U.S. Department of Housing and Urban OMB Approval No, 2502-0261
Development (Exp. 09/30/2012)
Office of Housing
Federal Housing Commissioner
Read the instructions and Public Reporting Statement on the back of this form.
Housing Counseling
Agency
Activity Report
0:
I.-Counseling Agency Name -
Agcmcy Name:
. Cak.land .Cotnty -liousing Counselin
:Tency f
Agency iype. LHCA
lAd.c' 250 Elizabeth Lake Rd,
..'ontiac, MI 46341-0414
2. Reporting Period- and Budget
•
09/30/2012
Da.0
Submitted: 1 • • • . . .
Total -Annual Housing Counseling Program Budget, An Sources:
8 071 1
10/01/2011
9:301P 441,820
Parent Agency Name
'1
r 522:caree)
HOD-Funded ActIvitY -Ratio:i i•
Finency
Agen., y Typo:
a.
3. Ethnicity of Clients
a. 1Hispanic
b. Not Hispanic
Chose not to respond
4. Race of Clients
Single Race
a. American Indian/Alaskan Native
b. Asian
. Black or African American
. Native Hawaiian or Other Pacific Islander
e. White
Page I Of 7 ref. Handbook 7610.1 form HUD-9902 (10/2006) Previous editions are obsolete,
Counseling and Educationl
All Counseling and Activities Attributed to
Education Activities HUD Housing Counseling
Grant Funds
Section 5 Total:t et
:5. Clients Receivin• Education/Grou• Worksho s
a. Completed pre-purchase homebuyer education workshop
. Completed financial literacy workshop, including home
financing, budgeting and/or credit repair
. Completed resolving or preventing mortgage delinquency
workshop
. Completed non-delinquency post-purchase workshop,
including home maintenance and/or financial
management for homeowners
. Completed fair housing workshop
Completed predatory lending workshop
g. Completed rental workshop ,
. Other workshop
Section 6 Total:
17 Numbers of Clients Counseled b Pig ose of Visitand Results.: _
a. Seekm Pre-Purchase Homebu er Counselin• . ._
1) Purchased housing
2) Client will be Mortgage Ready within 90 days
3) Client will be Mortgage Ready after 90 <= 180 days;
entered debt management plan or some other type of
lou-term financial plan to prepare for homeownership
Receiving long term (> 180 days) pre-purchase
counseling
5) Entered lease purchase program
'6) Decided not to purchase housing; no further effort to
prepare needed
Withdrew from counseling
) Other
Section 7a Total:, _
b. Seeking Help with Resolving or Preventing Mortgage Delinquency 1
1 ---1 1) Brought mortgage current
2) Mortgage refinanced ,
3) Mortgage modified
4) Received second mortgage i ii....._
5) Initiated forbearance agreement/repayment plan
6) Executed a deed-in-lieu
7) Sold property/chose alternative housing solution
8) Pre-foreclosure sale
9) Mortgage foreclosed
1 1.0) Counseled and referred to another social service or
emergency assistance agency
.11) Obtained partial claim loan from FHA lender
Pace 2 of 7 ref. Handbook 7610.1 form HUD-9902 (10/2006) Previous editions are obsolete.
Counseling and Education
Activities Attributed to
HUD Housing Counseling
Grant Funds
All Counseling and
Education Activities
12) Bankruptcy
Entered debt management plan
Counseled and referred for legal assistance
Currently receiving foreclosure prevention/budget
counseling
13)
14
15)
16) Withdrew from counseling
Other
Section 7b Total:
c. Seeking Help with Home Maintenance and Financial Management for Homeowners
Obtained a Home Equity Conversion Mortgage (HECM)
Counseled on HECM; decided not to obtain mortgage
Obtained a non-FHA reverse mortgage
Received home equity or home improvement loan or
other home repair assistance ,
5) !Received consumer loan (unsecured)
6) !Mortgage refinanced
7) !Counseled and referred to other social service agency
Sold house/chose alternative housing solution
9) !Completed financial management/budget counseling
10)
11)
12)
13)
14)
Counseled and referred for legal assistance
Currently receiving counseling
Completed home maintenance counseling
Withdrew from counseling
Counseled and utilities brought current
15) !Other
d. Seeking Help in Locatin
rkeuerveu ;lousing search assistance
2) Obtained temporary rental relief
Securin
Section 7c Total: ol_L(10
or Maintain'''. Residence in Rental Housing
;3) !Counseled and referred to agency with rental assistance
roaram
4) Advised on recertification for HUD/other subsidy program
,5) Counseled and referred to other social service agency
6) Counseled and referred to legal aid agency for fair
housin. assistance
7) Counseled and referred to legal aid agency for assistance
with eviction
,18) Found alternative rental housing
Page 3 of 7 ref. Handbook 7610.1 form FILD-9902 (10/2006) Previous editions are obsolete.
------ — — — ,— —
Counseling and Education
All Counseling and Activities Attributed to
Education Activities HUD Housing Counseling
Grant Funds
9) Decided to remain in current housing situation
110) Resolved issue in current tenancy ,
11) Entered cl._..bt management/repayment plan ; ,
12) !Counseled and utilities brought current '
13) Resolved security deposit dispute
.14) Currently receiving counseling ,
115Withdrew from counseling
'16) Other
Section 7d Total: 0 ,
e. Seekin*. Shelter or Services for the Homeless -
1) Occupied emergency shelter
2) Occupied transitional housing
13) Occupied permanent housing with rental assistance
kt) Occupied permanent housing without rental assistance
5) Counseled Referred to other social service agency
6) Remained homeless
7) Currently receiving counseling
8) Withdrew from counseling
9 Other
1
Section 7e Total: a_
.:
Individual Counseling / Sections 7 a-e Total: o•
Total _Counseling / Sections_6 and 7 Tota1:1 • 3_00 • _ ._ I . ' . 8' HUD Housing Counselin%Grant(s) Data
HUD Housing Counseling HUD Housing Grant or Grant Type Counseling Grant
Sub-grant Amount
Application Number
, HC120322007 1-,:,..V.:':27 F. viOr t , (Ile Cr.5.31 cr
l!
I SeCtinn R Tntal:,
9. Authorization
I nput Official Agency Official
First Name:. Name: Kathys.._ . i7-:=
iLast Name: Williams Last Name:! Willi aMS —.-----4
Title: Supervisor This: Supervisor ,
Phone: (248) 858-1189 Ext. Phone: - (248Y:858-1189
_
Page 4 of 7 ref. Handbook 7610.1 form HUD-9902 (10/700f. Previous editions are obsolete,
FISCAL NOTE (MISC. #12141) May 17, 2012
BY: FINANCE COMMI I I LE, TOM MIDDLETON, CHAIRPERSON
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS
- COMMUNITY AND HOME IMPROVEMENT DIVISION - FY2012 HOUSING
COUNSELING PROGRAM GRANT - (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:
1. The U.S. Department of Housing and Urban Development has awarded Federal
FY 2012 Housing Counseling Grant funding in the amount of $49,197 to the
Community & Home Improvement Division.
2. The grant will supplement Community Development Block Grant funds allocated
to deliver housing counseling services in accordance with Federal
Comprehensive Housing Counseling Program guidelines.
3. The award includes $29,197 for Comprehensive Housing Counseling and
$20,000 for Reverse Mortgage Counseling,
4. This is the seventeen (17m) year of grant.
5. The County performance period for the grant is from October 1, 2011 through
September 30, 2012.
6. The award is $15,803 less than the application amount of $65,000 and $44,572
less than the FY 2011 award of $93,769.
7. No County match is required for this grant continuation.
8 Indirect costs are not paid for this grant due to administrative and planning limits.
9. The FY 2012 Special Revenue Fund Budget for the Housing Counseling Grant
Fund is amended as follows:
Revenue FY 2012
29706-1090680-132210-610313 Grants-Federal ($44,572)
Total Revenue ($44,572)
Expenditures
29706-1090680-132210-702010Salaries-Reg ($27,331)
29706-1090680-132210-722740 Fringe Benefits ($17,241)
Total Expenditures ($44,572)
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Quarles absent.
niEREBY ,41( - THE FOREGOING RESOLUTION
0
Resolution #12141 May 17, 2012
Moved by Taub supported by Zack the resolutions (with fiscal notes attached) on the Consent Agenda be
adopted (with accompanying reports being accepted).
AYES: Covey, Crawford, Dwyer, Gershenson, Gingell, Gosselin, Hoffman, Jackson, Long, Matis,
McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, River, Runestad, Scott, Taub, Weipert,
Woodward, Zack, Bosnic. (24)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted (with accompanying reports being accepted).
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 May 17,
2012, with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac, Michigan this 17th day of May, 2012.
ELLQ- 094
Bill Bullard Jr., Oakland County