HomeMy WebLinkAboutResolutions - 2013.08.01 - 20932MISCELLANEOUS RESOLUTION # 13203 August 1, 2013
BY: PLANNING AND BUILDING COMMITTEE, JIM RUNESTAD, CHAIRPERSON
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS - COMMUNITY
AND HOME IMPROVEMENT DIVISION - FY2013 HOUSING COUNSELING PROGRAM GRANT-
ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies, and Gentlemen:
WHEREAS the U.S. Department of Housing and Urban Development (HUD) has awarded the
Department of Economic Development and Community Affairs, Division of Community and Home
Improvement FY2013 Housing Counseling Program funding totaling $17,798 for comprehensive housing
counseling services for the fiscal period October 1,2012, through September 30, 2013; and
WHEREAS the grant award of $17,798 represents a 63.8% variance from the application of
$49,197; 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 (June 26, 2013 —
July 11, 2013) 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 FY2013 Housing Counseling Program Grant Award of 17,798.00 for comprehensive housing
counseling services.
BE IT FURTHER RESOLVED that the FY2013 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 Woodward absent.
Karrv Rieth
462834185
From:
Sent:
To:
Subject:
Attachments:
West, Catherine <westca@oakgov.com >
Wednesday, July 10, 2013 4:32 PM
Rieth, Karry; tinsleym@oakgov.com
GRANT REVIEW SIGN OFF: Community & Home Improvement Division - FY 2013
Comprehensive Housing Counseling Grant - Acceptance
Grant Accept Sign Off.pdf
GRANT REVIEW SIGN OFF — Community & Home Improvement Division
GRANT NAME: FY 2013 Comprehensive 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: July 10, 2013
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 (7/02/2013)
Department of Human Resources:
Approved. — Karen Jones (7/01/2013)
Risk Management and Safety:
Approved by Risk Management. — Robert Erlenbeck (7/02/2013)
Corporation Counsel:
There are no outstanding legal issues concerning the above grant.
If HUD still permitted the County to make changes to grant agreements, I would ask HUD for clarifications to Article IV
Statement of Work, Section B, Assurances and warranties to limit this to employees of Housing Counseling and to Article
XIII Security of Confidential Information to make exceptions for Court Orders, subpoenas and FOIA requests. —Joellen
Shortley (7/10/2013)
COMPLIANCE
The grant agreement references a number of specific federal and state regulations. Below is a list of these specifically
cited compliance related documents for this grant.
U.S, DEPARTMENT OF HOUSING MD URBAN ':;LOPMENT
Office of Housing Counseling
45 1 7th Street S.W.
Washington, DC 20410
www.lzud.gov & es-uanol.hocl.gov
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JUN 2 6 11
1\,fl & HOME
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2013
Kathy Williams
OAKLAND COUNTY HOUSING COUNSELING
250 Elizabeth Lake Rd Ste 1900
Pontiac, MI 483414035
Subject: FY2013 Housing Counseling Program Grant Award
Dear: Kathy Williams
1 MPROVEMENT
I am pleased to inform you that OAKLAND COUNTY HOUSING COUNSELING
(Grantee) has been conditionally awarded a total grant of $17,798.00 to conduct a housing
counseling program on behalf of the Department of Housing and Urban Development. This
award is in accordance with the Housing Counseling Notice of Funding Availability (NOFA)
posted on the HUD Web site January 24, 2013, and with the eligible activities in the projected
performance 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 finds are subject to the availability of
appropriations.
Funds for this grant award shalthe used as follows
Grant Type COMPREHENSIVE COUNSELING
Grant Award $17,798.00
Enclosed, you will find one copy of the Grant Agreement, one copy of the Grant
Agreement signature page and two copies of Form HUD-1044, Assistance Award/Amendment,
for the category of funding approved under HUD's Fiscal Year (FY) 2013 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. Return one signed
copy of the 1044 and the signed signature page only of the Grant Agreement to your assigned
government technical representative (GTR) listed below within 15 business days of the date of
this letter.
NOFA Requirements
Grantees that are required to complete an OMB A-133 audit must be in compliance with
OMB A-133 audit filing requirements, and must have had addressed all previous significant
audit findings, if any, by the FY 2013 Housing Counseling NOFA due date of March 18, 2013.
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 19 of the General Section of the FY 2013 HUD NOFA,
published in the Federal Register on August 8, 2012.
An applicant who submitted an application during FY 2012 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 Web site at
http//www.hudgov/offices/admIgrants/codeofronduct/cconduct.cfm
An agency not listed on the above website must submit a copy of its code of conduct
as a condition for award.
4. Projected Budget. The Grantee must submit 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, if applicable, indirect costs. 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.
You may submit a budget in the format of your choosing if the form HUD-424 CB
does not provide enough detail. All expenses must be itemized. If using foiiii HUD-
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 timicing Finance
Agencies (SITFAs) must also submit a detailed budget accounting for how all
administrative funds, if applicable, will be spent. In other words, funds not passed
through to sub-grantees or allocated to branches but used to run the program, will be
spent by the Intermediary, MSO, or SHFA, including training, travel, salaries,
equipment, and indirect costs, if applicable.
5. 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,
If you have any questions or concerns, please contact Sheryl. Welton, 313-226-7900-
5218. If you wish to request a debriefing related to your grant application, please e-mail the
request to: housing. with the subject line "Debriefing Request."
We look forward to a productive partnership with your organization in helping to expand
affordable housing opportunities.
Brian Siebenlist
Director, Office of Policy
and Grant Administration
Office of Housing Counseling
Enclosures: HUD-1044 (2)
Grant Agreement (2)
Office of Housing Counseling GTR Contact List
HUD-9902
20. HUD (By Name)
rian Sieben list
Date (mm/cid/my) Signature & Title Date (mm/cid/yyyy)
DirectO-F, Office of Po114 and Grant Administration 06/26/2012
form HUD-1044 (8/90)
ref. Handbook 2210.17
Assistance Award/Amendment U.S. Department of Housing
and Urban Development
Office of Administration
1. Assist e Instrument 2. Tvoe of A
I I Cooperative Agreement X Grant Award Amendment
3. Instrument Number
HC130321006
4. Amendment Number 5. Effective Date of this Action
1 October 2012
6. Control Number
H0130321006
7. Name and Address of Recipient
OAKLAND COUNTY HOUSING COUNSELING
250 Elizabeth Lake Rd Ste 1900
Pontiac, MI 48341-1035
TIN NUMBER: 38-6004876
DUNS NUMBER: 136200362
8. HUD Administering Office
U.S. Department of Housing and Urban Development
Office of Housing Counseling
th 451 7th S.W.
Room 9224
Washington, DC 20410
8a. Name of Administrator
Brian Siebenlis
3b. Telephone Number
202-402-5415
10. Recipient Project Manager
Kathy Williams 248-858-1189
9. HUD Government Technical Representative
Sheryl Welton
11. Assistance Arrangement
[g Cost Reimbursement
12. Payment
0 Treasury
0 Advance
Method
Check Reimbursement
Check
Clearinghouse ,P, 2 Automated
13. HUD Payment Office
CFO Accounting Center/HUD
PO Box 901013
Fort Worth, TX 76101
I Cost Sharing 0 Fixed Price
14. Assistance Amount
Previous HUD Amount $
HUD Amount this action $17,798.00
Total. HUD Amount $17,798.00
Recipient Amount
Total instrument Amount $17,798.00
15. HUD Accounting and Appropriation
15a. Appropriation Number
8613 0156
Data
15b. Reservation number
HC130321006
Amount Previously Obligated $
Obligation by this action $17,798.00
Total Obligation $17,798.00
16. Description
FY 2013 - HOUSING COUNSELING GRANT VOUCHER UNDER LOCCS BUDGET LINE ITEM 9500.
GRANT TYPE: COMPREHENSIVE HOUSING COUNSELING
LOCCS Draw Down Expiration Date .3131114
period of Performance 10/112012 to 09130/2013
18. Recipient is not required to sign this document. 17. Recipient is required to sign and return three (3) copies
of this document to the HUD Administering Office
19. Recipient (By Name)
Kathy Williams
Signature & Title
UNITED STATE RTMENT OF HOUSING AND URBAN DEVELOPMENT
HOUSING COUNSELING PROGRAM
2013 GRANT AGREEMENT
TABLE OF CONTENTS
ARTICLE I -- GENERAL 2
ARTICLE II – DEFINITIONS 3
ARTICLE UI -- PERIOD OF PERFORMANCE 4
ARTICLE IV -- STATEMENT OF WORK 5
ARTICLE V – SUBCONTRACTS AND SUB-GRANTS 10
ARTICLE VI – ADMINISTRATIVE REQUIREMENTS 10
ARTICLE VII – INSPECTION AND ACCEPTANCE 11
ARTICLE VIII – CONDUCT OF WORK 12
ARTICLE IX – PRICE 12
ARTICLE X PAYMENT REQUESTS 14
ARTICLE XI—REPORTING 17
ARTICLE XII – CONFLICTS OF INTEREST 19
ARTICLE XIII – SECURITY OF CONFIDENTIAL INFORMATION 19
ARTICLE XIV – DEFAULTS AND REMEDIES 20
ARTICLE XV – AMENDMENTS 20
ARTICLE XVI – RECORD KEEPING AND AUDITING– .............. . ................. ............. ..... .......... 21
• ARTICLE XVII – DISPUTES 21
ARTICLE XVIII – AUDIT REQUIREMENTS 22
ARTICLE XIX -- DEBARMENT AND SUSPENSION 22
ARTICLE XX – DRUG-FREE WORK PLACE REQUIREMENTS 22
ARTICLE XXI -- LOBBYING RESTRICTIONS 22
ARTICLE XXII -- NONDISCRIMINATION REQUIREMENTS 23
ARTICLE XXIII MISCELLANEOUS 24
FY 2013 Housing Counseling Grant Agreement LEICAs
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"), Section 4 of the Department of Housing and Urban
Development Act (42 U.S.C. § 3533) as amended by Title XW of the Dodd-Frank Wall Street
Reform and Consumer Protection Act ("Dodd-Frank"), and the Continuing Appropriations
Resolution, 2013 (Pub. L. No. 112-175). 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. Housing Counseling Program, 24 C.F.R. Part 214;
Section 106 of the Housing and Urban Development Act of 1968;
3. Section 4 of the Department of Housing and Urban Development Act (42 U.S.C. §
3533) as amended by Title XIV of the Dodd-Frank Wall Street Reform and
Consumer Protection Act;
4. Applicable Federal Laws and Regulations;
5, Continuing Appropriations Resolution, 2013, (Pub. L. No. 112-175);
6. Notice of HUD's Fiscal Year (FY) 2013 Notice of Funding Availability (NOFA)
Policy Requirements and General Section to HUD's FY2013 NOFAs for
Discretionary Programs ("General Section"), available at:
http://porta1.hud.gov/hudportalfdocuments/huddoc?id-=2013nofagensec.pdf;
7. Notice of Funding Availability (NOFA) for HUD's Fiscal Year 2013 Comprehensive
Housing Counseling Grant Program ("Housing Counseling NOFA"), available at:
http://portal.hud.gov/hudportal/documents/huddoc?id=2013chcnofa.pdf;
8. HUD Handbook 7610.1-Rev. 5, Housing Counseling Program, as amended,
("Handbook 7610.1- Rev. 5"), available at:
http://ww-w.hud.gov /0 ffices/adm/hudclinsthandbooks/hsiih/7610.1/index.cfm.,
9. Grantee's application submission, including the application, the projected
performance work plan, certifications, assurances, and documentation, to the extent
FY 2013 Housing Counseling Grant Agreement — LHCAs Page 2 of 26
consistent with applicable laws, the Housing Counseling NOFA, General Section, if
applicable, this Agreement, and. Handbook 7610.1-Rev. 5;
10. Form HUD-1044, Assistance Award/Amendment;
11. 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
12. Projected Performance Work Plan. The applicant's proposed plan and budget for
expending grant funds awarded pursuant to the Housing Counseling NOFA. Grantee
agrees to carry out eligible activities under this Agreement. The provisions of this
Agreement shall apply to the Grantee.
. 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. "Branch" means an organizational and subordinate unit of a Local Housing Counseling
Agency ("LHCA"), not separately incorporated or organized that participates in HUD's
Housing Counseling Program. A Branch must be in good standing under the laws of the
state where it proposes to provide housing counseling services. A Branch cannot be a
sub-grantee or, affiliate.
C. "Client" means an individual or household who seeks the assistance of an agency
participating in HUD's Housing Counseling program to meet a housing need or resolve a
housing problem.
D. "Client Counseling File" means the individual file maintained by the housing
counseling agency for each counseling client that documents the Action Plan and the
services provided to the client. Grantees must maintain Client Counseling Files in
accordance with HUD Handbook 7610.1-Rev. 5.
E. "Government Technical Monitor" or "CyTivi" means 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.
F. "Government Technical Representative" or "GTR" means the HUD staff person that
monitors the activities of housing counseling grantees. This individual is responsible for
FY 2013 Housing Counseling Grant Agreement — LHCAs Page 3 of 26
technical and financial oversight and evaluation of the Grantee's performance under this
Agreement. The GTR reviews and monitors the Grantee's work performance, payment
requests, and reports. The GTR is identified in block nine (9) of the attached Form HUD-
1044.
G. "Grant Agreement" means this Agreement.
H. "Grantee" means the HUD-approved counseling agency that receives housing
counseling funds from HUD pursuant to this Agreement. The term "Grantee" includes
the Branches identified in the Grantee's Housing Counseling NOFA Application.
1. "Grant or Grant Funds" mean the federal funds provided by HUD for the purposes
outlined in this Agreement.
"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.
K. "Housing Counseling Work Plan" means a Grantee'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 C.F.R. § 214.3 and Handbook
7610.1-Rev. 5.
"Local Housing Counseling„Agency" or "LHCA" means a HUD-approved housing
counseling agency that directly provides housing counseling services.
"Projected Performance Work Plan" means the Applicant or Grantee's proposed plan
and detailed projected budget for expending all grant funds awarded pursuant to the
Housing Counseling NOFA.
Other pertinent definitions located in the Housing Counseling NOFA, 24 C.F.R. 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 1,2012 and
expire at 12 p.m. Eastern Time on September 30, 2013.
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
FY 2013 Housing Counseling Grant Agreement— LHCAs Page 4 of 26
a one-time extension, for aood 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. Housirip Counseiin Services.
1. Scope of Services. The housing counseling services proposed in the Grantee's
Projected Performance Work Plan(s) represents the scope of services under this
Grant. The projected outputs in the Projected Performance Work Plan may be
modified, with approval from the GTR. Grant Funds shall be used only for the
eligible activities described in Section IILC. of the Housing Counseling NOFA.
HUD will not fund services proposed in the Projected Performance Work Plan(s) that
are not within the scope of eligible services.
A Grantee must receive approval from the GTR before implementing any changes in
the Projected Performance Work Plan(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 HUD.
Grantee 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 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 operates, and discuss
these programs with clients, along with other viable alternatives, when applicable and
appropriate.
2. Provision of Services.
To be considered eligible for reimbursement for one-on-one counseling conducted by
an employed-housing counselor, the 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
FY 2013 Housing Counseling Grant Agreement — LHCAs Page 5 of 26
recipients that allow the Grantee 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 review the
client's income, expenses, spending habits, anduse of credit in order to
evaluate their unique financial situation relative to their financial capability.
• Housing Analysis — The housing counselor must review the client's housing
needs, current housing quality, and housing affordability relative to their
financial capability.
• Action Plan - Except for reverse mortgage counseling, the housing counselor
and client must establish an action plan that outlines actions the housing
counseling agency and 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 identify and discuss with
the client at least three (3) alternatives or options available to the client,
including FHA programs and products if applicable, relevant to the specific
housing need. For example, if a particular company, loan product, property,
or debt management program is discussed, the counseling must include a
detailed discussion of alternative companies, loan products, properties, debt
management programs, etc.
• Follow-up — The housing counselor must make a reasonable effort to have
follow-up communication with the client to ensure that the client is
progressing toward his or her housing goal(s), to modify or terminate housing
counseling, services and to determine and report outcomes.
• Home Inspection Materials - During the course of pre-purchase counseling
and/or hornebuyer 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 Your Home Inspector."
Both documents can be found at
http://portal.hud.gov/hudportal/HUD?src=li want to/buy- a home
To be considered eligible for reimbursement for group education, Grantee or Branch
must provide formal classes (in person and remote) with established curriculum a
n
d
instructional goals.
FY 2013 Housing Counseling Grant Agreement — LHCAs Page 6 of 26
When providing the eligible housing counseling services, Grantee shall:
(i) Coordinate with HUD, mortgagees, and public and private community
organizations that are also working with the client in order to provide
maximum service to the client.
(ii) Refer clients, as appropriate, to other community service organizations ..
(iii) Provide housing counseling services on a priority basis to low and moderate
income clients.
(iv) Contact and work with the appropriate mortgagee and HUD Office to assist
clients who are (i) in default on their monthly mortgage payments, (ii) being
considered under the Loss Mitigation Program, or (iii) in financial difficulty
or in default under a forbearance agreement.
(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 community,
target area, or metropolitan areas as defined by Grantee.
3. Mandatory Referrals. Grantee 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 founat, in which the Grantee is unavailable, does not have expertise, lacks
sufficient resources, or does not have a counseling session available during the time
period sought by the individual.
Requirements.
1. Programmatic Requirements. Grantees must comply with programmatic
requirements found in Housing Counseling Program regulations codified at 24 C.F.R.
Part 214 and Handbook 7610.1-Rev. 5.
2. Client Management System ("CMS"). Grantee 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. All Grantees are required to
use a CMS compliant with ARM 4.0 version. 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 1-IUD can access a complete electronic file for monitoring
and other purposes.
FY 2013 Housing Counseling Grant Agreement — LHCAs Page 7 of 26
3. Housing Counseling System ("HCS").. Contact information for all Grantees, and
Branches, 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 Branch. Grantee, must ensure that all agency
profile data, and any sub-allocation data recorded in HUD's Housing Counseling
System (HCS), is correct, current, and updated in a timely manner when changes
occur.
4. HUD-funded Housin Cou elina Pro ram Evaluation. Grantee is required to
coordinate and 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 report to HUD within thirty days if
Grantee is subject to unresolved findings as a result of HUD or other government
audit or investigations. See 24 C.F.R. Part 214.
6. HUD.Oversight. Grantee must cooperate with all HUD oversight a.ctivities, requests
for access to facilities, requests for access to agency's CMS, 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 designee, and mystery
shopping. If Grantee, including those agencies that provide legal services, has other
obligations that require client information to be kept confidential, Grantee 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 C.F.R. Part 214, HUD Handbook 7610.1-Rev. 5, and the
requirements of this Grant Agreement.
7. Projected Budget. Grantee must submit to HUD a comprehensive projected budget
listing all proposed expenses under the Grant using form HUD-424 CB and any
budget attachments necessary to itemize expenses. At a minimum, the budget must
include salaries, fringe and other benefits, training, travel, rent, phone, postage,
supplies, technology/equipment, marketing and indirect costs, as applicable to
Grantee. All expenses must be itemized, and all grant funds must be accounted in this
Projected Budget. This projected budget must also demonstrate the actual cost of
service provision.
8. Payment to Grantee from Lender. HUD Housing Counseling Program regulations
at 24 C.F.R. § 214.313 permit Grantees to receive payments from a lender for housing
counseling services (with the exception of reverse mortgage counseling services)
provided that the level of payment received is commensurate with the services
provided, and does not violate RESPA.
9. Assurances and Certifications. By signing form HUD-1044, the cover to this Grant
Agreement, Grantee renews the assurances and certifications made with its
application for HUD-approval (form HUD-9900 available at:
FY 2013 Housing Counseling Grant Agreement — LHCAs Page 8 of 26
http://vvww,hud.00vloffices/adrn/ :lips/forn-is/hud9a.cfm4group4. Specifically,
Grantee assures HUD that the Grai:e and its Branches, if applicable, will:
a. Administer the housing counseling in accordance with Title_VI of the Civil Rights
Act of 1964, Title VIII of the Civil Rights Act of 1968, Executive Order 11063,
Section 504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of
1975
b. Provide housing counseling services without sub-agreements with 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 fully
represent 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.
Grantee and all its Branches 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.) and that Grantee's
facilities provide accessibility features for persons with disabilities and elderly
persons, or will arrange to meet with such persons at an alternative accessible
location or format.
That no Grantee, nor any employee, board member, or partner has been.
suspended, debarred, or otherwise restricted under the Department's or any other
federal regulation. (See 24 C.F.R. Part 214.)
j. That no 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.
FY 2013 Housing Counseling Grant Agreement — LHCAs Page 9 of 26
An offense includes any criminal offense that can be prosecuted at a local state, or
federal level.
k. That no 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 C.F.R. Part 214.)
1. That Grantee, and any employee, board member, or partner, meets all HUD
Housing Counseling program approval requirements outlined in HUD Handbook
7610.1-Rev. 5 and 24 C.F.R. Part 24.
ARTICLE V
SUBCONTRACTS AND SUB-GRANTS
A. General Prohibition. As prescribed by HUD's regulations at 24 C.F.R. §§ 84.25(c)(8),
84.82(d)(3)(iii) and85.30(d)(4), a Grantee that is subject to 24 C.F.R Part 84 shall not
sub-grant, transfer, or contract any of work under this Agreement. A Grantee that is
subject to 24 C.F.R. 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:
L HUD approves the sub-grant, transfer, or subcontract.
2. The sub-grant, transfer, or subcontract is for web-based education services.
3. The sub-grant, transfer, or subcontract is for the purchase of supplies, material,
equipment, or general support services. If this exception to the general
prohibition applies, Grantee shall comply with the applicable procurement
standards in 24 C.F.R. §§84.41 through 84.48 and 24 C.F.R. §§ 84.84 or 85.36.
B. Salary Limitation for Consultants. FY2013 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 FY2013 is $129,517. The hourly rate
is $62.06.
• ru-rTa',T 17T AA. I It., JUil, VA
ADMINISTRATIVE REQUIREMENTS
A. Grantees that are a non-profit organization, institution of higher education, or hospital
shall be subject to the following administrative requirements as they' may be amended:
FY 2013 Housing Counseling Grant Agreement —LFICAs Page 10 of 26
Grants and Agreements with Institutions of Higher Educatton, Hospitals and other
Non-Profit Organizations, 24 C,F.R. 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
C.F.R. Part 215, as amended.
Grantees that are a State, local or federally recognized Indian Tribal government shall be
subject to the following administrative requirements as they may be amended:
1. 24 C.F.R. Part 85, Administrative Requirements for Grants and Cooperative
Agreements to State, Local and Federally Recognized Indian Tribal Governments;
and
2. OMB Circular A-102, Grants and Cooperative Agreements with State and local
Governments.
C. Organizational Changes. 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,
with HUD having the ability to waive the Experience approval criteria, as defined in
24 C.F.R.§ 214.103(b);
• The new or merged entity demonstrates that its application, work plan, target
community, and personnel are substantially similar to that of the original Grantee.
D. Succession Plans. Grantee will cooperate and make all reasonable efforts to facilitate the
continuation of housing counseling services to the communities served either directly by
Grantee or through Grantee's Branches.
Lever:ned 1,_..1mrces. Grantee shall maintain, and make available to HUD upon
request, evidence that non-federal leveraged resources cited in Grantee's NOFA
application were actually provided to 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
GTIvls, but final acceptance of all products shall be the responsibility of the GTR.
FY 2013 Housing Counseling Grant Agyeernent — LHCAs Page 1 1. of 26
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
m
a
y
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 Agreement an
d
Grantee's NOFA Application, 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 appointme
n
t
o
f
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.
Designation of Assistance Arrangement. Grantee shall be paid for its performance of
this Agreement according to the type of assistance arrangement designated in block
eleven (11) of the attached Form HUD-1044. All Grants under this Agreement shall be
made on a cost reimbursement basis.
Prior Approval Required for Revisions to Projected Performance Work Plan and
Budget. 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 C.F.R. §§ 84.25 and 84.82, or 85,30.
D. Cost Reimbursement, Grantee shall comply with the applicable regulations in 24
C.F.R. Part 84, Subparts A through D, or 24 C.F.R. 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
FY 2013 Housing Counseling Grant Agreement — LHCAs Page 12 of 26
determined by HUD to be lowable, allocable, andreasonable 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 C.F.R. Part 230, Cost
Principles for State, local and Indian Tribal Governments (OMB Circular
A-87), 2 C.F.R. Part 225, and Cost Principles for Educational Institutions
(OMB Circular A-21), 2 C.F.R. Part 220. If these circulars are revised
during the period of performance of this Agreement the most recent
revision shall apply.
2. Indirect Cost Rates. The allowable indirect cost rate is stipulated in block sixteen
(16) of the attached Form HUD-1044 or a separate written agreement with Grantee.
(If block 16 indicates an indirect cost rate of zero, then Grantee will be reimbursed
only for direct costs.) This separate written agreement is hereby incorporated into
this Agreement. If Grantee's cognizant agency issues an adjustment from a
provisional rate to the final rate provided that is applicable during the grant period,
and (1) such adjustments together with all other amounts paid to the Grantee under
this Agreement shall not exceed the Maximum Grant Amount, and (2) the final rate is
established ninety (90) or more calendar days before the expiration or termination of
the Grant, the final rate issued by the cognizant agency shall apply. If Grantee's
cognizant agency issues an adjustment from a provisional rate to the final rate that is
applicable during the grant period, and (1) such adjustment 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, the final rate issued by the cognizant
agency may apply. 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.
Grantees with Multiple Sources of Funding. Grantee shall not be reimbursed by HUD
under this Agreement for time spent providing services that are directly or indirectly
reimbursed from any other source, including fees. Grantee shall include in its vouchers
under this Agreement only the portion of those counseling services for which the Grantee
does 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
FY 2013 Housing Counseling Grant Agreement— LHCAs Page 13 of 26
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 http://www.hud.gov/officestadmiltudclips/index.cfm under the
forms section and, upon request, from HUD by contacting the GTR. The SF-1199A form
is also available at local banking institutions.
1. A Grantee that is not currently signed-up to receive payments via direct deposit from
HUD must submit a completed SF1199A, Direct Deposit Sign-Up Form. Grantee
must submit the SF-1199A to the GTR and, in the case of an intermediary Grantee, to
the Cash Management Reporting Division, Room 3118, at HUD Headquarters.
2. Each individual in Grantee's organization who will be authorized to access 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 teiminated, 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.
FY 2013 Housing Counseling Grant Agreement — LHCAs Page 14 of 26
. Grantees are responsible for changing their LOCCS password once ev
e
r
y
s
i
x
t
y
(
6
0
)
days. TeiTnination of access due to password expiration will require resu
b
m
i
s
s
i
o
n
o
f
Form 1-IUD-27054.
4. It is Grantee's responsibility to immediately notify the LOCCS Sec
u
r
i
t
y
O
f
f
i
c
e
a
t
HUD when any individual with current access to VR.S/LOCCS is no long
e
r
e
m
p
l
o
y
e
d
by the Grantee and/or should be denied access to Grant funds for any r
e
a
s
o
n
,
T
h
e
LOCCS Security Office may be reached at (202) 708-0764 or toll free a
t
(
8
7
7
)
7
0
5
-
7504. The GTR or GYM, or both, must be notified of the Grantee's actions.
. The GTR may provide additional instructions on accessing and using th
e
VRS/LOCCS.
6. All vouchers for Grant payments must be submitted to HUD on the Form
H
U
D
-
27053, LOCCS/VRS Request Voucher for Grant Payment, utilizing the
VRS/LOCCS, or electronically through form HUD-50080-CHC-a, eLOC
C
S
p
a
y
m
e
n
t
voucher. The budget Line Item for this grant is 9500. For LOCCS purposes
,
t
h
e
"Program Area" is "CHC". A record of each payment request must be
m
a
i
n
t
a
i
n
e
d
i
n
Grantee's files and be available for review by HUD upon request.
Pa nient Procedures for Cost Reimbursement Grants. Grantee shall comply with
the applicable payment procedures in 24 C.F.R. §§ 84.21 through 84.22
,
a
n
d
§
§
8
5
.
2
0
through 85.21.
C. Timing and Amount of Payment Requests. HUD requires Grantees
t
o
d
r
a
w
-
d
o
w
n
funds in conjunction with quarterly reports. As required by 2 C.F.R. Part
2
1
5
,
a
n
d
2
4
C.F.R. §§ 84.22(b)(2) and 85.20(b)(7), Grantee shall only draw down that a
m
o
u
n
t
o
f
cash necessary to meet its actual, immediate cash needs. The requirem
e
n
t
t
o
o
n
l
y
r
e
q
u
e
s
t
actual, immediate cash needs means that Grantee shall disburse funds for
a
l
l
o
w
a
b
l
e
costs within three (3) days of receiving the funds from HUD. The GTR or G
T
M
w
i
l
l
process the final voucher only upon receipt of an acceptable final report.
D. One-Time Exception to Quarterly Draw Downs. Grantees may draw d
o
w
n
f
u
n
d
s
o
n
a one-time basis that does not coincide with the quarterly report. After
G
r
a
n
t
e
e
e
n
t
e
r
s
into the Grant Agreement, Grantee may draw down funds for reimbursemen
t
o
f
retroactive housing counseling activities that occurred prior to execution
o
f
t
h
e
G
r
a
n
t
Agreement in Quarters 1, 2 and 3 (October 1, 2012 through June 30, 2013). This draw
request must be submitted with a quarterly report, as outlined in Artic
l
e
X
I
.
G
r
a
n
t
e
e
should submit one report that reflects the three quarters cumulatively.
Documentation of Expenses. Grantee must maintain source documenta
t
i
o
n
o
f
d
i
r
e
c
t
costs, such as invoices, receipts, cancelled checks, and personnel activ
i
t
y
r
e
p
o
r
t
s
,
t
o
support all LOCCS draw requests for payment. In addition, Grantee mus
t
m
a
i
n
t
a
i
n
a
l
i
s
t
of all client file numbers and group or group education file numbers at
t
r
i
b
u
t
e
d
t
o
t
h
e
Grant in alpha or numeric order. This list should indicate the activity attri
b
u
t
e
d
t
o
t
h
e
relevant quarter, and the cumulative total for the entire Grant year. In
d
i
c
a
t
e
f
o
r
e
a
c
h
t
h
e
FY 2013 Housing Counseling Grant Agreement — LHCAs Page 15 of 26
relevant counseling or education type. Itemize for each client and/or group education
session, the relevant counselor and/or other employee that provided service, amount of
hours provided, and total amount of funds charged to the HUD grant. The client list
must identify the branch or main office that served the client. This information must be
made available to HUD upon request and maintained for a period of at least three (3)
years after the expiration of the Grant period or date of last payment, whichever occurs
first. All Grantees 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.
F. Personnel Activity Reports. The distribution of salaries and wages to awards must be
supported by personnel activity reports. Reports reflecting the distribution of activity of
each employee must be maintained for 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 C.F.R. §§
84.21 and 85.20.
Withholding of Funds. As established by the applicable regulations in 24 C.F.R. §
84.22 (h)(1), HUD may withhold payment to a Grantee if any project objective, term or
condition of this Agreement, or federal reporting requirement, is not being satisfied,
including reporting requirements such as: (1) completing grant-specific quarterly,
midterm and final reports; (2) updating agency profile data in a timely manner when
changes occur; (3) submitting quarterly client-level data; and (4) submitting Form HUD-
9902 data reflecting counseling activities attributable to all sources of funding. These
reporting requirements may be satisfied through the Housing Counseling System and/or
a client management system that interfaces with HUD's databases, in which case the
GTR or GTM will verify submission through HCS.
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.
1. 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. Late or incomplete reports may result in a performance review
FY 2013 Housing Counseling Grant Agreement — LHCAs Page 16 of 26
finding, which may result in a reduction in grant al: score and grant award
amount in subsequent Housing Counseling Program NOF.,4.3.
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 -NOPAs or in other ways authorized
by the Housing Counseling Program's appropriation.
ARTIC
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 (i.e. July 31, 2013). This
report must satisfy all requirements described below for both the reporting period and
cumulative period.
Grantees must submit a separate report containing the following:
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, the individual's title, and the hourly billing rate used to calculate
reimbursement from HUD for that individual's timelactivity; or, in the event of fixed-
price reimbursement, document actual expenses. Explain the method used for
calculating hourly rates;
4. 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 item #3) and indicate the cumulative total and
total for the quarter;
5. 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.
FY 2013 Housing Counseling Grant Agreement — LHCAs Page 17 of 26
6. Authorization. Include the signature and title of a person authorized by the
G
r
a
n
t
e
e
t
o
sign the report;
7. Form HUD-9902. Update the Form HUD-9902 electronically through the
H
o
u
s
i
n
g
Counseling System (HCS) so that the HUD Housing Counseling Grant Activity
column reflects activity funded with the Grant Funds.
At the time the third quarter reporting is due, HCS should be updated to
p
r
o
v
i
d
e
a
separate HUD Grant activity reporting column for each individual awa
r
d
d
u
r
i
n
g
t
h
i
s
Period of Performance (for example, 2013 Comprehensive). HCS will list
t
h
e
relevant columns for each reporting agency. Grant activity should be
r
e
p
o
r
t
e
d
i
n
t
h
e
appropriate column, according to specific grant under which the activity o
c
c
u
r
r
e
d
.
Currently, grant activity data submitted via Form 1-IUD-9902 through }
I
C
S
m
u
s
t
b
e
entered manually. The system does not contain functionality that will ac
c
e
p
t
t
h
i
s
d
a
t
a
submission via a client management system (CMS).
In the event that HCS does not contain separate columns for multiple gra
n
t
s
d
u
r
i
n
g
the Period of Performance, grantees must report all activity attributab
l
e
t
o
a
l
l
H
U
D
Housing Counseling Grants in this single column. Grantees must also in
d
i
c
a
t
e
i
n
t
h
e
quarterly report narrative the total quantity of activity attributable to
t
h
i
s
G
r
a
n
t
,
itemized by counseling and education type as they appear on Form HU
D
-
9
9
0
2
.
Although the first report under this Grant does riot occur until the third qu
a
r
t
e
r
,
Grantees must, at that time, enter activity attributable to the Grant in the
q
u
a
r
t
e
r
during which it occurred. For example, if activity attributable to the gran
t
o
c
c
u
r
r
e
d
i
n
either of the first two quarters, the Form HUD-9902 for those first tw
o
q
u
a
r
t
e
r
s
m
u
s
t
be updated at the time of the third quarter report to accurately reflect th
e
t
i
m
i
n
g
o
f
activity under the Grant. FEUD will not consider retroactive entries of fi
r
s
t
a
n
d
s
e
c
o
n
d
quarter Grant activity data as late.
B. Final Report. A final report for the twelve (12) month period ending September 30,
2013 is due when the Grantee has completed all Grant activities that
w
i
l
l
b
e
f
u
n
d
e
d
u
n
d
e
r
the Grant, but not later than December 31, 2013. The final report must c
o
v
e
r
a
l
l
a
c
t
i
v
i
t
y
conducted under the Grant. If applicable, explain why established g
o
a
l
s
w
e
r
e
n
o
t
m
e
t
,
o
r
why they were exceeded. Explain what, if any, new strategies and adjus
t
m
e
n
t
s
w
i
l
l
b
e
made to improve performance in the future in order to better meet project
e
d
o
u
t
p
u
t
s
a
n
d
outcomes.
In addition to the above information, grantee must submit a narrative r
e
p
o
r
t
o
f
n
o
t
m
o
r
e
than five (5) single-spaced letter-sized pages using a font size of no
s
m
a
l
l
e
r
t
h
a
n
1
2
o
r
larger than 14. Items such as problems encountered by the Grantee, i
t
e
m
s
f
o
r
w
h
i
c
h
t
h
e
Grantee needs additional guidance, unusual client needs or problems for w
h
i
c
h
t
h
e
Grantee provided counseling, recommendations to HUD, and develop
m
e
n
t
s
h
a
v
i
n
g
a
significant impact on the award supported activities, such as delays
o
r
a
d
v
e
r
s
e
c
o
n
d
i
t
i
o
n
s
which materially impair the ability to meet the objectives of the award
s
s
h
o
u
l
d
b
e
included in this narrative report. The final report shall also describe any ac
t
i
o
n
t
a
k
e
n
o
r
contemplated, and any assistance needed to resolve the situation.
FY 2013 Housing Counseling Grant Agreement — LHCAs Page 18 of 26
C. DelinquentReports. Submission of any reports required in this Article beyond the stated
due dates will be considered delinquent unless HUD grants a written extension.
ARTICLE XII
CONFLICTS OF INTEREST
A. General Requirements. Grantee shall comply with all programmatic disclosure and conflict
of interest requirements provided in the Housing Counseling regulations at 24 C.F.R. Part
214, as well as those in 24 C.F.R. Parts 84 and 85, and HUD Handbook 7610.1-Rev. 5.
Grantee must provide to all clients a disclosure statement that explicitly describes the various
types of services provided by the agency and any financial relationships between this agency
and any other industry partners. The disclosure must clearly state that the client is not
obligated to receive any other services offered by the organization or its exclusive partners.
B. HUD Reform Disclosures. Grantee shall comply with the disclosure requirements of
Section 102(b) of the HUD Reform Act of 1989 (42 U.S.C. § 3545(b)) and its implementing
regulations, 24 C.F.R. 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 C.F.R. § 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
shall not disclose such information to anyone other than HUD or other parties to whom
the client consents release of the information.
B. Confidentiali. Grantee 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 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.
FY 2013 Housing Counseling Grant Agreement 1-HCAs Page 19 of 26
ARTICLE XIV
DEFAULTS AND REMEDIES
A. Special Conditions. In addition to the criteria provided in 24 C.F.R. Part 214, HUD may
impose additional requirements or special conditions on a Grantee, subject to 24 C.F.R.
Part 84, who demonstrates the characteristics or behavior specified in 24 C.F.R. & 84.14.
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
Grantee's NOFA 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. Grantee must comply with the corrective action specified in the Notice of Default
by the date specified.
D. Remedies. If Grantee fails to comply with the corrective action specified in the Notice of
Default„ HUD may take one or more of the following actions: recover misspent funds,
withhold Grant Funds, suspend the Grant, terminate the Grant for cause, Or take other
remedies that may be legally available. The applicable regulations at 24 C.F.R. §§ 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 GTR. Amendments that affect the rights and
obligations of either party shall be executed by both the Grant Officer or its designee 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
FY 2013 Housing Counseling Grant Agreement —1_,HCAs Page 20 of 26
adopts the requested amendment without any changes CITRs and GT1'vls are not
authorized to unilaterally amend any provision of this Agreement.
ARTICLE XVI.
RECORD KEEPING AND AUDITING
Rc-e,ord Kee tt Reuirements. Grantee shall comply with the requirements for record
retention and access to records specified in the applicable regulations at 24 C.F.R. §§
214.315, 84.53, 84.85, and 85.42. Notwithstanding the record retention periods specified
in 24 C.F.R. 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, 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
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. LIICAs
and Intermediaries shall submit their appeal to: U.S. Department of Housing and Urban
Development, Office of Housing Counseling, 451 7th Street S.W., Washington, DC
20410.
B. False Statements. A false statement in the Grantee's NOFA Application or Grant-
related documents and reports, may be grounds for denial or termination of the Grant and
punishable as provided in 18 U.S.C. §1001.
FY 2013 Housing Counseling Grant Agreement — LHCAs Page 21 of 26
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 shall comply with HUD's requirements for participants at 2 C.F.R. Part 2424, w
h
i
c
h
include prohibiting Grantee from doing business to undertake the activities under th
i
s
G
r
a
n
t
Agreement with persons who are excluded or disqualified from federal programs.
ARTICLE xx
DRUG-FREE WORK PLACE REQUIREMENTS
Grantee shall comply with 1-IUD's requirements for recipients of financial assistance at 24
C.F.R. Part 21, which requires Grantee to maintain a drug-free workplace and to tak
e
s
u
c
h
actions as publishing a drug-free workplace statement, establishing a drug-free awarene
s
s
program, and taking actions concerning employees convicted of violating drug statutes in th
e
workplace.
ARTICLE XX.I
LOBBYING RESTRICTIONS
A. General Restrictions. Consistent with the Byrd Amendment (31 U.S.C. §1352) and
HUD's implementing regulations, 24 C.F.R. Part 87, Grantee shall not use these Gran
t
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 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
FY 2013 Housing Counseling Grant Agreement— LHCAs Page 22 of 26
certificad::)n to the GTR. The Form HUD-50071 is hereby incorporated into this
Agreement.
C. Disclosures. As required by 24 C.F.R. § 87.110, a 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 C.F.R. § 87.100(a) if paid for with appropriated funds.
These disclosures shall be updated as required by section 87.110(c). Grantee shall submit
its disclosures to the GTR. These disclosures and updates are hereby incorporated into
this Agreement.
Lobbyist Registration and Reporting. Grantee shall comply with the Lobbying
Disclosure Act of 1995 (2 U.S.C. § 1601 et seq.), which requires all persons and entities
who lobby covered Executive or Legislative Branch officials to register with the
Secretary of the Senate and the Clerk of the House of RepresentatiVes and file reports
concerning their lobbying activities.
ARTICLE XXII
NONDISCRIMINATION REQUIREMENTS
A. General. Notwithstanding the permissibility of applications that serve target areas or
populations, Grantee shall comply with these requirements for nondiscrimination on the
basis of race, color, religion, sex, national origin, age, familial status, and disability. The
Standard Form 424B, Assurances for Non-Construction Programs, is hereby incorporated
into this Agreement.
B. Nondiscrimination Requirements. Grantee shall comply with the following
requirements as they may be amended from time to time.
Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d-2000d-4) and
implementing regulations at 24 C.F.R. Part 1, Nondiscrimination in Federally
Assisted Programs of the Department of Housing and Urban Development -
Effectuation of Title VI of the Civil Rights Act of 1964;
2. Title IX of the Education Amendments of 1972, as amended (20 §§ 1681-
88) and implementing regulations at 24 C.F.R. 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 C.F.R. Part 8, Nondiscrimination Based on
Handicap in Federally Assisted Programs and Activities of the Department of
Housing and Urban Development;
FY 2013 Housing Counseling Grant Agreement — LHCAs Page 23 of 26
4. The Fair Housing Act (42 U.S.C. §§ 3601-619) and implementing regulations at
24 C.F.R. Part 100, Discriminatory Conduct Under the Fair Housing Act;
5. Executive Order 11063, as amended by Executive Order 12259, and
implementing regulations at 24 C,F.R. 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 C.F.R. Part 146, Nondiscrimination on the Basis of Age in HUD
Programs or Activities Receiving Federal Financial Assistance.
C. _Requirements Applicable to Religious Organizations. Grantee must undertake its
responsibilities in accordance with the following principles:
1. Grantee 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 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, arid participation must be voluntary for the clients receiving
services covered, either completely or in part, by HUD funds.
ARTICLE XXIII
MISCELLANEOUS
A. Order of Precedence. In the event of any inconsistency among any provisions of this
Agreement, the following order of precedence shall apply:
1. Section 106 of the Housing and Urban Development Act of 1968 and other
applicable Federal laws;
2. Applicable Federal regulations, including 24 C.F.R. Part 214;
3. The Housing Counseling NOPA;
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.
FY 2013 Housing Counseling Grant Agreement — LHCAs Page 24 of 26
C. No z r. No delay or omission by HUD to exercise any right or remedy available to it
under ais 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.
Relationshin 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.
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 C.F.R. §§ 84.72, 84.87, and 85.51 describe Grantee's continuing responsibilities after
the closeout of this Grant.
FY 2013 1-lousing Counseling Grant Agreement — LHCAs Page 25 of 26
Name:
Title:
Date:
FY
- -
By: By:
Name: • 750:'‘. tcr
Title: D ,z5
Dale:
IN WITNESS WHEREOF, each of the Parties has caused the following Housing
Counseling Program 2013 Grant Agreement to be executed by its duly authorized officer or
agent. No alterations of the official version of the Housing Counseling Program 2013 Grant
Agreement delivered by HUD to Grantee have been accepted unless such change is
acknowledged by HUD through a signature on the page of the Grant Agreement containing such
change.
GRANTEE: HUD:
[INSERT FULL LEGAL NAME]
UNITED STATES DEPARTMENT
OF HOUSING AND URBAN
DEVELOPMENT
FY 2013 Housing Counseling Grant Agreement LHCAs Page 26 of 26
(II13203)
FISCAL NOTE August 1, 2013
BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS
- COMMUNITY AND HOME IMPROVEMENT DIVISION - FY2013 HOUSING
COUNSELING PROGRAM GRANT - ACCEPTANCE
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above
referenced resolution and finds:
1. The U.S. Department of Housing and Urban Development has awarded Federal
FY 2013 Housing Counseling Grant funding in the amount of $17,798 to the
Community & Home Improvement Division.
2. The $17,798 grant will supplement Community Development Block Grant funds
allocated to deliver housing counseling services in accordance with Federal
comprehensive housing counseling program guidelines.
3. This is the eighteenth (18 tn) year of grant.
4. The County performance period for the grant is from October 1, 2012 through
September 30, 2013.
5. The award is $31,399 less than the application amount of $49,197 and the FY
2012 award of $49,197.
6. No County match is required for this grant continuation.
7. Indirect costs are not paid for this grant due to administrative and planning limits.
8. A FY 2013 Special Revenue Fund Budget for the Housing Counseling Grant
Fund is amended as follows:
Fund #29706
Grant #0000000633
Revenue
29706-1 090680-1 32210-610313 Grants-Federal
FY 2013
$17,798
Expenditures
29706-1090680-132210-702010Salaries-Regular $10,679
29706-1090680-132210-722740 Fringe Benefits $ 7,119
$17,798
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
Resolution #13203 August 1, 2013
Moved by Dwyer Supported by McGillivray the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted),
AYES: Dwyer, Gershenson, Gingell, Gosselin, Hoffman, Jackson, Long, Mails, McGillivray,
Middleton, Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic,
Crawford. (20)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended
Consent Agenda were adopted (with accompanying reports being accepted).
I HEREBY APPROVE THIS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45.559A (7)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, 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 August 1,
2013, 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 l st day of August, 2013.
Lisa Brown, Oakland County