HomeMy WebLinkAboutResolutions - 2015.07.29 - 21932NIN AND BUILDING COMMITTEE
MISCELLANEOUS RESOLUTION # 15196 July 29, 2015
BY: Planning and Building Committee, Philip J. Weipert, Chairperson
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS - COMMUNITY
AND HOME IMPROVEMENT DIVISION - FY2015 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 FY2015 Housing Counseling Program funding totaling $19,432.00 for comprehensive
housing counseling services for the fiscal period October 1,2014, through March 31, 2016; and
WHEREAS the competitive grant award 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 and
Michigan State Housing Development Authority (MSHDA) Housing Education Program 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 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
FY2015 Housing Counseling Program Grant Award of 19,432.00 for comprehensive housing counseling
services.
BE IT FURTHER RESOLVED that the FY2015 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 VOTE:
Motion carried unanimously on a roll call vote with Crawford absent.
GRANT REVIEW SIGN OFF — Community & Home Improvement
Division
GRANT NAME: Program Year (PY) 2015/2016 Comprehensive Housing Counseling Grant Program
FUNDING AGENCY: U.S. Department of Housing and Urban Development (HUD)
DEPARTMENT CONTACT PERSON: Karry Rieth 248 858-5403
STATUS: Grant Acceptance
DATE: July 8, 2015
Pursuant to Misc. Resolution #13180, 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 (7/6/2015)
Department of Human Resources:
HR Approved (No Committee) Continues Positions —Lori Taylor (7/7/2015)
Risk Management and Safety:
APPROVED by Risk Management. — Robert Erlenbeck (7/7/2015)
Corporation Counsel:
APPROVED by Corporation Counsel. — David N. Asmar (7/8/2015)
From:
To
Cc:
Subject:
Date:
Taylor, Lori
West. Catherine A; Secontine, Julie L; Van Pelt, Laurie M; Davis, Patricia G
Rieth. Kerry L; Williams. Kathy A; Tinsley, Monica E; Kline, Valerie L
RE: GRANT REVIEW: Economic Development & Community Affairs Dept., Community & Home Improvement
Division - Program Year (PY) 2015/2016 Comprehensive Housing Counseling Grant - Acceptance
Tuesday, July 07, 2015 5:04:11 PM
HR Approved No Committee) Continues Positions
From: West, Catherine A
Sent: Monday, July 06, 2015 4:07 PM
To: Secontine, Julie L; Van Pelt, Laurie M; Taylor, Lori; Davis, Patricia G
Cc: Rieth, Karry L; Williams, Kathy A; Tinsley, Monica E; Kline, Valerie L
Subject: GRANT REVIEW: Economic Development & Community Affairs Dept., Community & Home
Improvement Division - Program Year (PY) 2015/2016 Comprehensive Housing Counseling Grant -
Acceptance
GRANT REVIEW FORM
TO: REVIEW DEPARTMENTS — Laurie Van Pelt — Lori Taylor — Julie Secontine — Pat
Davis
RE: GRANT CONTRACT REVIEW RESPONSE — Economic Development & Community
Affairs Dept., Community & Home Improvement Division
Program Year (PY) 2015/2016 Comprehensive Housing Counseling Grant
U.S. Department of Housing and Urban Development (HUD)
Attached to this email please find the grant document(s) to be reviewed. Please provide your
review stating your APPROVAL, APPROVAL WITH MODIFICATION, or
DISAPPROVAL, with supporting comments, via reply (to all) of this email.
Time Frame for Returned Comments: July 9, 2015
GRANT INFORMATION
Date: July 6, 2015
Operating Department: Economic Development & Community Affairs — Community &
Home Improvement
Department Contact: Kany Rieth, Manager, Community & Home Improvement Division
Contact Phone: 858-5403
Document Identification Number: HC 150321044
REVIEW STATUS: Acceptance — Resolution Required
Funding Period: October 1, 2014 through March 31, 2016
Original source of funding: U.S. Department of Housing & Urban Development
Will you issue a sub award(s): No
New Facility / Additional Office Space Needs: N/A
IT Resources (New Computer Hardware / Software Needs or Purchases): N/A
Funding Continuation/New: New MSHDA Housing Education Program Contract
Application Total Project Amount: $419,775
Prior Year Total Grant Funding: $18,748.00
New Grant Funded Positions Request: N/A
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of Housing Counseling
451 7th St., SW, Room 9224
Washington, D. C. 20410
December 11,2014
Kathy Williams
OAKLAND COUNTY HOUSING COUNSELING
250 Elizabeth Lake Rd Ste 1900
Pontiac, MI 48341
EXPRESSION OF INTEREST IN FY 2015 COMPREHENSIVE HOUSING
COUNSELING GRANT PROGRAM FUNDS FOR FY 2014 GRANT RECIPIENTS
PURPOSE
The purpose of this letter is to confirm your agency's interest in receiving FY2015
comprehensive housing counseling grant funding as described in Section I.C.1. of the
Department of Housing and Urban Development's FY2014—FY2015 Comprehensive Housing
Counseling Grant Program Notice of Funding Availability (FY14-15 NOFA).
To confirm your agency's interest, your agency's chief executive must select below
"YES" or "NO" and sign and date this letter. Please submit your agency's expression of interest
by December 23, 2014, by emailing a scanned copy to housimcounseling@hud.gov with the
subject "Expression of Interest in FY2015 Housing Counseling Funds?' Please also copy on the
email your agency's point of contact within the Office of Housing Counseling (OHC). All
questions regarding this request should be sent to housing.counseling@hud.gov or to your
agency's OHC point of contact.
BACKGROUND
The FY14-15 NOFA authorizes HUD to award both FY2014 and FY2015 grant funds on
the basis of the single FY14-15 NOFA competition. The Department is also authorized to
publish a supplemental Housing Counseling Program NOFA for FY2015. HUD plans to issue
the majority of FY2015 comprehensive housing counseling funds to FY2014 grantees that
express interest and remain eligible, subject to the availability of appropriations, and any other
requirements that pertain to the awarding of FY2015 grant funds. As explained in Section I.C.1.
of the FYI 4-15 NOFA, subject to the availability of appropriations, if funding becomes available
in FY2015, HUD will duplicate the FY2014 funding formula using FY2014 application data and
scores. FY2014 Grantees that respond in the affirmative (i.e., checking "YES" below) to this
letter may be eligible to receive funding for FY2015.
OMB Approval No. 2535-0116
(Exp. 02/29/2016)
U.S. DEPARTMENT OF ROUSING AND URBAN DEVELOPMENT
Office of Housing Counseling
451 7th St., SW, Room 9224
Washington, D. C. 20410
FY2014 Grantees that express interest and remain eligible for FY2015 comprehensive
housing counseling funds could, subject to the availability of appropriated funds, receive
FY2015 funding in multiple stages as appropriations become available. HUD will attempt to
structure the multiple rounds of funding in a manner designed to promptly fund Grantees while
minimizing any administrative burdens.
EXPRESSION OF INTEREST
Please select from one of the two options below.
12a.S, my agency is interested in receiving comprehensive FY2015 funds as outlined in the
FY14-15 NOFA.
LINO, my agency is not interested in receiving comprehensive FY2015 funds as outlined in the
FYI4-15 NOFA. I understand that by selecting "NO" my agency may be ineligible for FY2015
housing counseling grant funding.
, aks Li r) eXe c. udi
Name, Title
(Q kico9d 0_.(iLtryij ol,.510 ecJwr)St ini
Name of Housing Counseling Agency
S' 07 I
Agency's HCS ID Number
Date
OMB Approval No. 2535 -0116
(Exp. 02/29/2016)
U.S. DEPARTMENT OF ROUSING AND URBAN DEVELOPMENT
Office of Housing Counseling
451 7th Street S.W.
Washington, DC 20410
www.hud.acv & espanol.hucl.gov
June 24, 2015
Kathy Williams
OAKLAND COUNTY HOUSING COTJNSEL1NG
250 Elizabeth Lake Rd Ste 1900
Pontiac, MI 48341-1035
Subject: FY 2015 Housing Counseling Program Grant Award
Dear Kathy Williams:
I am pleased to infoun you that OAKLAND COUNTY HOUSING COUNSELING
(Grantee) has been conditionally awarded a grant of $19,432.00 to conduct a housing counseling
program on behalf of the Department of Housing and Urban Development. This award is in
accordance with HUD's FY2014—FY2015 Comprehensive Housing Counseling Grant Program
Notice of Funding Availability (FY14-15 NOFA) posted on the HUD Website on March 4, 2014,
and with the eligible activities in the projected perfotaiance 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.
Funds for this grant award shall be used as follows:
Grant Type: COMPREHENSIVE COUNSELING
Grant Award: $19,432.00
Enclosed, you will find one copy of the entire Grant Agreement, one copy of the Grant
Agreement signature page only and two copies of Form HUD-1044, Assistance
Award/Amendment, for the category of funding approved under the FY14-15 NOFA. Please
sign and date all copies of the documents including a signature on the last page of the Grant
Agreement. Return one signed copy of the Form HUD-1044, the signed signature page only of
the Grant Agreement, and the required documentation listed below to your assigned government
technical representative (GTR) listed below within 15 business days of the date of this letter.
Retain the signed Grant Agreement and one copy of the original, signed Form HUD-1044 for
your records.
NOFA Requirements
Grantees that are required to complete a single or program-specific audit under 2 C.F.R
Part 200.501 must be in compliance with the audit filing requirements at 2 C.F.R. Part 200.501,
and must have addressed all previous significant audit findings, if any, prior to signing the Grant
Agreement and Form HUD-1044 and returning the documents to HUD.
2
If Grantee proposed pre-purchase counseling and/or homebuyer education activities,
Grantee is reminded that, pursuant to 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 homebuyer education, the housing counselor must provide to the client(s) 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," 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 housing counseling work plan on file with the appropriate HUD
office, i.e., the Grantee cannot propose to provide services the Grantee is not approved to
provide.
Points of Contact
Also, please verify that HUD's Housing Counseling System (HCS) contains the correct
name, telephone number, and email address of the individual in your organization who will be
the daily contact person for HUD regarding your housing counseling program. Enter this
information under "Agency Contact for HUD Use" on the personnel screen of your agency's
HCS profile.
Required Documentation
In addition to the signed HUD-1044 and the signed signature page of the grant
agreement, as a condition of award, the following documents andlor information, if applicable,
must be submitted within 15 business days of the date of this letter:
1. Indirect Cost Rate Documentation. See 2 C.F.R. Part 200.414 for a detailed
explanation of this requirement. If your organization has a Negotiated Indirect Cost
Rate Agreement (NICRA) and will apply indirect costs to this grant, please submit a
copy of the NICRA. Alternatively, if your organization has never received a
negotiated indirect cost rate (except for those non-Federal entities described in
Appendix VII to 2 C.F.R. Part 200 — States and Local Government and Indian Tribe
Indirect Cost Proposals, paragraph D.l.b) and elects to charge a de minimis rate of
10% of modified total direct costs (MTCD) in accordance with 2 C.F.R. Part 200.414,
please state so in writing in your response to this letter. If your organization does not
incur indirect costs, or will not apply them to this grant, please state so in writing in
your response to this letter.
2. Financial Management Systems. Grantees must submit documentation (e.g. a
certification from the executive director or other qualified professional) demonstrating
that the organization's financial management systems satisfy the requirements in the
applicable regulations at 2 C.F.R. § 200.302. See the attached excerpt for the
requirements listed in 2 C.F.R. § 200.302.
3
3. Audit. Consistent with the requirements of the Single Audit Act Amendments of 1996
(31 U.S.C. §§ 7501-07), all grantees that expended $750,000 or more in Federal
awards in the most recent fiscal year must submit to HUD the audit documentation in
accordance with OMB requirements as established in 24 C.F.R. part 84 and successor
regulations at 2 C.F.R. part 200. Grantees that did not expend $750,000 or more in
Federal awards in the most recent fiscal year must submit a copy of the most recent
independent financial audit.
4. 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 14 of HUD's FY 2014 General Section NOFA, published
in the Federal Register on February 19, 2014.
An applicant who has previously submitted 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.hud.gov/offices/adrn/Rrants/codeofeondtact/cconduct.cfin
An agency not listed on the above web site must submit a copy of its code of conduct
as a condition for award.
5. 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.
The budget may be submitted on form HUD-424 CB, or in the fointat of the Grantee's
choosing if the form HUD-424 CB does not provide enough detail. All expenses must
be itemized. If using form 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. _The budget must be signed
and dated by an official who is authorized to legally bind the Grantee.
Unless the GTR states otherwise, once the grant is executed the budget submitted in
response to this letter will be considered the approved budget, and payment requests
under the grant must be in accordance with the approved budgetary line items. Any
deviation between a payment request and the approved budget must be explained in
detail and approved by the GTR.
4
Intermediaries, Multi-State Organizations (MS Os) and State Housing Finance
Agencies (SUFAs) 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.
Intermediaries, MS0s, and SILFAs must clearly explain the billing methodology that
will be employed to reimburse sub-grantees or branches (e.g., include the formula for
calculating a counselor's hourly rate attributed to the Grant, or how each cost is
calculated for fixed-cost counseling/education activity). Also indicate the process that
will be used to ensure that the fixed cost reimbursement rate does not exceed the actual
cost of providing the housing counseling services for which sub-grantees and branches
request reimbursement.
Intermediaries, MS0s, and SHFAs must also submit a detailed budget accounting for
how all administrative funds, if applicable, will be spent. In other words, how funds
not passed through to sub-grantees or allocated to branches but used to run the
program, will be spent by the Inteirnediary, MSO, or SRFA, including training, travel,
salaries, equipment, and indirect costs, if applicable.
6. 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 you described in Factor 3
of your FY 2014 Housing Counseling Grant application that will be funded.
Please enter your projections in HCS under the "HM-9902" menu item and select
Projections for NOFA-2015-1. Enter the number of housing counseling activities
that the grantee anticipates conducting with the FY2015 grant for each line in Section
8— Households Receiving Group Education by Purpose, if applicable, and Section
9 Households Receiving One-On One Counseling by Purpose. The screen will
display the total values for each line item for the entire funding period. Then click on
the "Save as Draft" button.
Once you have saved your projections as a draft, please submit the total number of
households to be served with the grant (i.e. the Section 8 & 9 Total from your draft
projections) to your GTR via email. If approved, your GTR will enter the "Total
Negotiated Projections" and will contact your agency's Point of Contact with further
instructions.
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 HUT) will monitor the ongoing
performance of its grantees.
5
7. Sub-allocation List. As a condition of award, Intermediaries, MSOs and SHFAs must
provide an updated list of sub-grantees and Funded Branches and their corresponding
sub-grants on the budget allocation screen in HCS. Such Grantees must also provide a
brief explanation of how sub-award amounts for sub-grantees and branches were
determined Grantees may request to amend their sub-grant list after awards are made
by submitting a written request and detailed justification to HUD as prescribed by
Article V, Part B-2 of the FY 2015 Housing Counseling Grant Agreement. Such
amendments will be approved at HUD' s sole discretion.
8. Client Management System. As a condition of award, the Grantee 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.
9. Return one signed copy of the Form HUD-1044 and the signed signature page only of
the Grant Agreement (signature required on the last page of agreement) within 15
business days of the date of this letter.
Documents, projections, and information must be submitted to your assigned GTR:
Sheryl Welton
Department of HUD
Office of Housing Counseling
Please see the enclosed Office of Housing Counseling GTR Contact List for your GTR's
mailing address.
Once all information has been reviewed and approved by my staff, we will process the
award and establish an account for your organization. Infoimation about procedures for
submitting an initial voucher can be found in the Grant Agreement.
If you have any questions or concerns, please contact Sheryl Welton at 313-234-7445.
We look forward to a productive partnership with your organization in helping to expand.
affordable housing opportunities.
Sincerely,
cdle74)
William R. McKee
Deputy Director, Office of Policy and Grant
Administration
Office of Housing Counseling
Enclosures: HUD.-1044 (2)
Grant Agreement (1)
Grant Agreement Signature Page (1)
Office of Housing _Counseling GTR Contact List
Grant Execution Checklist
Excerpt of Financial Management Requirements in 2 C.F.R. § 200302
UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
HOUSING COUNSELING PROGRAM
FISCAL YEAR 2015 GRANT AGREEMENT
TABLE OF CONTENTS
ARTICLE I GENERAL 2
ARTICLE II – DEFINITIONS 3
ARTICLE III – PERIOD OF PERFORMANCE 4
ARTICLE IV – STATEMENT OF WORK 5
ARTICLE V – SUBCONTRACTS AND SUB-GRANTS 10
ARTICLE VI – ADMINISTRATIVE REQUIREMENTS 11
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 XLI – CONFLICTS OF INTEREST 20
ARTICLE XIII – SECURITY OF CONFIDENTIAL INFORMATION 20
ARTICLE XIV DEFAULTS AND REMEDIES 21
ARTICLE XV – AMENDMENTS 21
ARTICLE XVI – RECORD KEEPING AND AUDITING 22
ARTICLE XVII – DISPUTES 22
ARTICLE XVIII – AUDIT REQUIREMENTS 23
ARTICLE XLX – DEBARMENT AND SUSPENSION 23
ARTICLE XX – DRUG-FREE WORK PLACE REQUIREMENTS ..... ••• 23
ARTICLE XXI – LOBBYING RESTRICTIONS 23
ARTICLE XXII – NONDISCRIMINATION REQUIREMENTS 24
ARTICLE XXIII – MISCELLANEOUS 25
FY 2015 Housing Counseling Grant Agreement – LHCAs
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"), 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 ("Dodd-Frank"), and the Transportation, Housing and
Urban Development, and Related Agencies Appropriations Act, 2015 (Pub. L. 113-235). 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 applicable Federal laws,
regulations, and documents, which are incorporated by reference, as they may be amended from
time to time:
1. Housing Counseling Program regulations contained in 24 C.F.R. Part 214;
2. Section 106 of the Housing and Urban Development Act of 1968 (12 U.S.C. §
1701x);
3. Section 4 of the Department of Housing arid 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. All other applicable Federal Laws, Regulations, and OMB Circulars;
5. Transportation, Housing and Urban Development, and Related Agencies
Appropriations Act, 2015;
6. General Section to the Department's FY2014 Notices of Funding Availability for
Discretionary Programs ("General Section "), available at:
http://portal.hud.gov/hudportaiJHUD?src ,--/program offices/administration/grants/fu
ndsava i1/2014 ensec;
7. Notice of Funding Availability (NOFA) for the Department's Fiscal Years 2014 and
2015 Comprehensive Housing Counseling Grant Program ("Housing Counseling
NOFA"), available at:
http://portal.hud.aov/hudportal/IIUD?src=/program offices/administrationiRrants/fu
nds avail/nofal 4/gi pchc;
FY 2015 Housing Counseling Grant Agreement — LHCAs Page 2 of 26
8. HUD Handbook 7610.1 REV-5, Housing Counseling Program, as amended,
("Handbook 7610.1- Rev. 5"), available at:
http://www.hud.gov/offices/adm/hudclips/hao.dbooks/hsgh/7610.1/indeK.cfm;
9. Any Mortgagee Letter or Housing Notice concerning housing counseling in
connection with FHA programs, available at
http://portal.hud.gov/hudportal/HUD?src ,--/program officesiadministration/hadclips/1
etters/mortgagee, and
http://portal.hud.govihudportaUHUD ?src=/program offices/administrationlhudclips/
notices/hsg
10. Grantee's application submission, including the application, the Projected
Performance Work Plan, certifications, assurances, and documentation, to the extent
consistent with applicable laws, the Housing Counseling NOFA, the General Section
NOFA, if applicable, this Agreement, and Handbook 7610.1-Rev. 5;
11. Form HUD-1044, Assistance Award/Amendment;
12. 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 C.F.R, § 214.3 and Handbook 7610.1-Rev. 5; and
13. 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.
FY 2015 Housing Counseling Grant Agreement — LHCAs Page 3 of 26
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 "GTM" 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. The GTM may also be referred to as the HUD Point of Contact
(POC),
F. "Government Technical Representative" or "GTR" means the HUD staff person that
monitors the activities of housing counseling Grantees. This individual is responsible for
technical and financial oversight and evaluation of the Grantee's performance under this
Agreement. The GTR reviews and monitors the Grantee's work performance, payment
requests, and reports. The GTR is identified in block nine (9) of the attached Form HUD-
1044. The GTR may also be referred to as the HUD Point of Contact (POC).
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.
I. "Grant or Grant Funds" mean the federal funds provided by HUD for the purposes
outlined in this Agreement.
J. "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
ITUD-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.
L. "Local Housing Counseling A.gencv" or "LHCA" means a HUD-approved housing
counseling agency that directly provides housing counseling services.
M. "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.
N. 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
FY 2015 Housing Counseling Grant Agreement — LHCAs Page 4 of 26
A, Period of Performance. The Period of Performance shall begin on October 1, 2014 and
expire at 11:59:59 p.m. Eastern Time on March 31, 2016.
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 Counseling Services.
1. Scope of Services. The housing counseling services proposed in the Grantee's
Projected Performance Work Plan(s) represents the scope of services under this
Grant. The Grantee will submit projections for the number of Clients to be served
under the Grant at the time of Grant execution and submit the projections to the GTR
for approval. Once approved, any modifications to the Client projections must be
approved by the GTR via the Housing Counseling System. Grant Funds shall be used
only for the eligible activities described in Section III.C. 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. &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 perfoimance 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.
FY 2015 Housing Counseling Grant Agreement —LHCAs Page 5 of 26
2. Provision of Services.
To he 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
recipients that allow the Grantee to submit to HUD client level data related to
Grant activity, and if applicable, allow access to Client 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 Counseling 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 Client Counseling
File.
• Budget / Financial Analysis — The housing counselor must review the
Client's income, expenses, spending habits, and use 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. For additional
guidance concerning follow-up timelines, refer to the Housing Counseling
Handbook, 7610-Rev. 5, Section 3-5(F).
FY 2015 Housing Counseling Grant Agreement — LHCAs Page 6 of 26
• Home Inspection Materials - During the course of pre-purchase counseling
and/or 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 Your 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 or Branch
must provide formal classes (in person and remote) with established curriculum and
instructional goals.
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.
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 format, 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.
B. Requirements.
1. Programmatic Requirements. Grantees must comply with Housing Counseling
Program requirements including but not limited to the Housing Counseling Program
regulations codified at 24 C.F.R, Part 214 and HUD Handbook 7610.1-Rev. 5.
2. Client Management System ("CMS"). Grantee must utilize a CMS 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,
FY 2015 Housing Counseling Grant Agreement — LHCAs Page 7 of 26
and agency profile information. All Grantees are required to use a CMS compliant
with ARM 4.0 version.
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 ("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 HCS, is correct, current,
and updated in a timely manner when changes occur.
4. HUD-funded Housing Counseling Program 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 activities, 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 Counseling 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)
FY 2015 Housing Counseling Grant Agreement — LHCAs Page 8 of 26
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
http://porial.hud.gov/hudportal/documents/huddcc?id-,9900,pdf). Specifically,
Grantee assures HUD that the Grantee 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 or as
otherwise proscribed by HUD.
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 C.F.R. 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.
FY 2015 Housing Counseling Grant Agreement — LHCAs Page 9 of 26
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.)
1. 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.
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 II-up 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.
in. That no Grantee has been, or employs an individual who has been, convicted of a
violation under federal law relating to an election for Federal office (as defined in
Pub. L. 111-203, 124 Stat. 1376 (July 21, 2010)),
n. That the Grantee meets the applicable requirements set forth in 2 C.F.R. §§
200.112, 200.302, 200.303, and 200.318(c).
ARTICLE V
SUBCONTRACTS AND SUB-GRANTS
A. General Prohibition. As prescribed by HUD's regulations at 24 C.F.R. § 214.103(i), 2
C.F.R. 200.308 and the Housing Counseling NOFA a Grantee shall not sub-grant,
transfer, or contract any of the work under this Agreement nor obtain the services of a
third party to perform activities that are essential 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. Notwithstanding this general prohibition, a
Grantee may sub-grant, transfer, or subcontract if any of the following exceptions apply:
1, 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 HUD regulations at 2 C.F.R. Part 200 and all other requirements.
B. Salary Limitation for Consultants. FY 2015 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,
FY 2015 Housing Counseling Grant Agreement — LHCAs Page 10 of 26
Step 10 base pay rate for which the annual rate for FY 2015 is $132,122. The hourly rate
is $63.31.
ARTICLE VI
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:
1. Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards, 2 CFR, Part 200.
B. 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. Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards, 2 C.F.R. Part 200.
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, Housing Counseling
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 as required by the Succession Plan submitted
with the Grantee's NOFA Application.
E. Leveraged Resources. 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
FY 2015 Housing Counseling Grant Agreement —LHCAs Page 11 of 26
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 Agreement and
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 appointment of
any GTM.
ARTICLE IX
PRICE
A. Maximum Grant Amount. Grantee shall be paid according to the terms of this
Agreement for all work required, performed, and accepted under the Agreement in an
amount not to exceed the amount shown in block fourteen (14) of the attached Foini
HUD-1044 ("Maximum Grant Amount"). Grantee shall bear the burden of all costs in
excess of the Maximum Grant Amount.
B. Designation of Assistance Arrangement. Grantee shall be paid for its performance of
this Agreement according to the type of assistance arrangement designated in block
eleven (11) of the attached Form HUD-1044. All Grants under this Agreement shall be
made on a cost reimbursement basis.
C. 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 at 24 C.F.R. Part 214 and 2 C.F.R Part 200 and other applicable HUD
requirements.
D. Cost Reimbursement. Grantee shall comply with the applicable regulations 2 C.F.R.
Part 200.
FY 2015 Housing Counseling Grant Agreement — LHCAs Page 12 of 26
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
deteuained 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 Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal
Awards, 2 C.F.R. Part 200. Grantees must obtain prior written approval
for certain costs as outlined in 2 C.F.R. §200.407. If these regulations are
revised or clarified during the period of performance of this Agreement
the most recent revision or interpretation shall apply.
2. Indirect Cost Rates. The allowable indirect cost rate is stipulated in block sixteen
(16) of the attached Foul' 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.
Alternatively, any non-Federal entity that has never received a negotiated indirect
cost rate, except for those non-Federal entities described in Appendix VII to 2 C.F.R.
Part 200 — States and Local Government and Indian Tribe Indirect Cost Proposals,
paragraph D.1.b, may elect to charge a de minimis rate of 10% of modified total
direct costs (MTDC) which may be used indefinitely. As described in 2 C.F.R. Part
200.403 Factors affecting allowability of costs, costs must be consistently charged as
either indirect or direct costs, but may not be double charged or inconsistently
charged as both. If chosen, this methodology once elected must be used consistently
for all Federal awards until such time as a non-Federal entity chooses to negotiate for
a rate, which the non-Federal entity may apply to do at any time.
FY 2015 Housing Counseling Grant Agreement — LHCAs Page 13 of 26
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 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
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 2 C.F.R.
200.207.
ARTICLE X
PAYMENT REQUESTS
General Payment Procedures. The forms referred to in this paragraph ate available
from HUD's website at http://).vww.hud.govioffices/adm/budelips/index.cfm under the
forms section and, upon request, from HUD by contacting the GTR. The SF-1199A form
is also available at local banking institutions.
1. A Grantee that is not currently signed-up to receive payments via direct deposit from
HUD must submit a completed SF-1199A, Direct Deposit Sign-Up Form, Grantee
must submit the SF-1199A to the GTR and, in the case of an Intermediary Grantee, to
FY 2015 Housing Counseling Grant Agreement — LHCAs Page 14 of 26
the Cash Management Reporting Division, Room 3118, at HUD Headquarters,
2. Each individual in Grantee's organization who will be authorized to access the
Electronic Line of Credit Control System (eLOCCS) 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 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-27054.
4-. It is Grantee's responsibility to immediately notify the LOCCS Security Office at
HUD when any individual with current access to 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 LOCCS,
6. All vouchers for Grant payments must be submitted to I-IUD electronically through
form HUD-50080-CHC-a, eLOCCS payment voucher. A copy of the eLOCCS
voucher must also be transmitted to the HUD GTR by email at the time the request is
made through eLOCCS. 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 standards for financial management and payment procedures in 2 C.F.R. 200,
Subpart D.
C. Timing and Amount of Payment Requests. HUD requires Grantees to draw-down
funds in conjunction with quarterly reports. As required by 2 C.F.R. 200.205, Grantee
shall only draw down that amount of cash necessary to meet its actual, immediate cash
needs. The requirement to only request actual, immediate cash needs means that Grantee
shall disburse funds for allowable costs within three (3) days of receiving the funds from
HUD, The GTR or GTM will process payment requests only upon receipt of an
acceptable quarterly or final report.
D. One-Time Exception to Quarterly Draw Downs. Grantees may draw down funds on
a one-time basis that does not coincide with the quarterly report if this Agreement is
executed on or after January 1, 2015, After Grantee enters into the Grant Agreement,
Grantee may draw down funds for reimbursement of retroactive housing counseling
activities that occurred in performance periods that were complete prior to execution of
the Grant Agreement. For example, if the Agreement is executed on February 2, 2015,
then Quarter 1 (October 1, 2014 through December 31, 2014) was complete prior to
FY 2015 Housing Counseling Grant Agreement— LHCAs Page 15 of 26
execution of the Grant Agreement and the Grantee could request reimbursement for
activities that occurred during Quarter 1. If the Agreement is executed June 15, 2015,
then Quarters I and 2 (October 1, 2014 through March 31, 2015) were complete prior to
execution of the Grant Agreement and the Grantee could request reimbursement for
activities that occurred during Quarters 1 and 2. This draw request must be submitted
not later than 30 days after execution of the Grant Agreement with a report that includes
data items 1 through 7 as outlined in Article XI "Reporting", Section A "Quarterly
Performance Reports." Grantee should submit one report that reflects the applicable
quarters cumulatively.
E. Documentation of Expenses. Grantee must maintain source documentation of direct
costs, such as invoices, receipts, Cancelled checks, documentation of personnel
expenses, and indirect cost rate agreements to support all LOCCS draw requests for
payment. In addition, Grantee must maintain a list of all Client Counseling File
numbers and group or group education file numbers attributed to the Grant in alpha or
numeric order. This list must indicate the activity attributed to the relevant quarter, the
cumulative total for the entire Grant year and the relevant counseling or education type.
Itemize for each Client and/or group education session on the list, the relevant counselor
andJor other employee that provided service, the duration of the service provided in
hours and minutes, and the total amount of funds charged to the HUD Grant. The client
file list must also identify the branch or main office that served the client.
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. Where Grant Funds are utilized for direct counseling services to Clients,
individual Client Counseling Files and group education files must support the duration
of service billed to the grant.
Grantees must also document the methodology used for charging costs to the HUD
grant, such as employee benefits, rent, telephone, postage, supplies and
technology/equipment that are not classified as indirect costs.
All information required to document expenses charged to the Grant must be made
available to HUD upon request and maintained for a period of at least three (3) years
after the expiration of the Grant period or date of last payment, whichever occurs first.
F. Documentation of Personnel Expenses. Charges to Federal awards for salaries and
wages must be based on records that accurately reflect the work performed and meet the
standards required in 2 C.F.R. Part 200.430(i). The records must support the distribution
of employee's salaries and wages among specific activities or cost objectives if the
employee works on more than one Federal award; a Federal award and non-Federal
award; an indirect cost activity and a direct cost activity; two or more indirect activities
which are allocated using different allocation bases; or an unallowable activity and a
direct or indirect cost activity. Budget estimates (i, e., estimates determined before the
services are performed) alone do not qualify as support for charges to this Grant award.
Records must reasonably reflect the total activity for which employees are compensated.
FY 2015 Housing Counseling Grant Agreement —LHCAs Page 16 of 26
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 2 C.F.R. 200,
Subpart D.
H. Withholding of Funds. As established by the applicable regulations in 2 C.F.R. §
200.338, HUD may withhold payment or partial 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 HCS and/or a CMS that
interfaces with HUD's databases, in which case the GTR or GTM will verify submission
through HCS.
HUD may also withhold payment Or partial 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. Late or incomplete reports may result in a performance review
finding, which may result in a reduction in grant application score and grant award
amount in subsequent Housing Counseling Program NOFAs.
J. Funds Recapture. HUD may recapture any unspent funds, Grantees are required to
cooperate with recapture requests, including any paperwork requests. HUD may utilize
recaptured funds in subsequent Housing Counseling NOFAs or in other way which
HUD is authorized to use recaptured funds.
ARTICLE XI
REPORTING
A. Quarterly Performance Reports. Unless this Agreement is executed on or after
January 1, 2015, or the Grant has been fully expended, all Quarterly Performance Reports
are due according to the following schedule:
Performance Period Quarterly Performance Report Due Date
1011/2014— 12/31/2014 Not later than January 31, 2015
1/1/2015 — 3/31/2015 Not later than April 30, 2015
4/112015 —6/30/2015 Not later than July 31, 2015
7/1/2015 —9130/2015 Not later than December 31, 2015
FY 2015 Housing Counseling Grant Agreement — LHCAs Page 17 of 26
10/1/2015 — 12/31/2015 Not later than January 31, 2016
1/1/2016 — 3/31/2016 Not later than June 30, 2016
If this Agreement is executed on or after January 1, 2015, the first Quarterly Performance
Report reflecting activity for each performance period plus cumulative activity will be
due not later than 30 days after the end of the perfaiinance period in which the
Agreement was executed. E.g. If the Agreement is executed February 1, 2015, the first
performance report is due not later than April 30, 2015
If the Grant has been fully expended, the Grantee must submit a final report as described
in Section B of this Article to close out the Grant.
Note that the above schedule does NOT affect the due dates for HUD-9902 Housing
Counseling Activity Reports. Unless otherwise notified by HUD, the HUD-9902 reports
will be due according to the typical schedule (i.e. Quarter 1 due 1/1, Quarter 2 due 4/30,
Quarter 3 due 7/31, Quarter 4 due 12/31). The above grant reporting deadlines are
structured so that the grant Quarterly Performance Reports will not be due prior to the
applicable HUD-9902 report. In the event that the grant Quarterly Performance Report
(and applicable HUD-9902 HUD grant activity column data) is due later than the HUD-
9902 due date, the Grantee must submit the HUD-9902 data in the "All Counseling and
Education Activities" column according to the typical schedule and may update the
HUD-9902 report with the applicable "HUD Housing Counseling Grant" column data as
described in item 7 below at a later date when submitting the grant Quarterly
Performance Report.
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 time/activity. Explain the method
used for calculating hourly rates, e.g. where benefits are included in the rate;
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. Itemized Accounting of Actual Costs. Submit a detailed, comprehensive itemized
accounting of actual costs listing expenses for each distinct quarter, and the Grant
period to date, under the Grant. At a minimum, the accounting must include the
following as applicable: salaries, fringe and other benefits, training, travel, rent,
phone, postage, supplies, technology/equipment, marketing, and indirect costs. The
accounting must itemize the expenditure of each dollar being billed to the Grant.
The itemized accounting of actual expenses may be submitted on form HUD-424 CB,
FY 2015 Housing Counseling Grant Agreement — LHCAs Page 18 of 26
or in a format of the Grantee's choosing if the form HUD-424 CB does not provide
enough detail. Any deviation between the itemized accounting of actual costs and the
budget submitted at the time of Grant execution must be explained in detail and
approved by the GTR.
6. Required Certification. • In accordance with 2 C.F.R. § 200.415(a), include a
certification, signed by an individual who is authorized to execute the certification on
behalf of the Grantee, which reads as follows: "By signing this report, I certify to the
best of my knowledge and belief that the report is true, complete, and accurate, and
the expenditures, disbursements and cash receipts are for the purposes and objectives
set forth in the terms and conditions of the Federal award. I am aware that any false,
fictitious, or fraudulent information, or the omission of any material fact, may subject
me to criminal, civil or administrative penalties for fraud, false statements, false
claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729 —
3730 and 3801 — 3812)."
7. Form HUD-9902. Update the Form HUD-9902 electronically through the Housing
Counseling System (HCS) so that the appropriate HUD Housing Counseling Grant
Activity column reflects activity funded with the Grant Funds.
HCS will list the relevant columns for each reporting agency. Grant activity must be
reported in the appropriate column, according to specific Grant under which the
activity occurred. Grant activity data may be submitted manually via Form HUD-
9902 in the HUD HCS or transmitted via a CMS if the CMS has the capability to
electronically transmit HUD Grant activity data directly into the HUD HCS.
B. Final Report. A final report for the eighteen (18) month period ending March 31, 2016
is due 90 days after the Grantee has completed all Grant activities that will be funded
under the Grant, but not later than June 30, 2016. The final report must cover all activity
conducted under the Grant. If applicable, explain why established goals including
approved HUD-9902 projections were not met, or why they were exceeded. Explain
what, if any, new strategies and adjustments will be made to improve performance in the
future in order to better meet established goals and projections.
In addition to the above information, 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. In the narrative report, Applicant must briefly summarize the outcomes of
the activities that Grantee proposed in Housing Counseling Chart F "Affirmatively
Furthering Fair Housing" of the Grant Application to address impediments to fair housing
choice. Applicant must also briefly describe the housing counseling oversight and
quality control activities conducted during the period of performance, as Grantee
proposed in Housing Counseling Chart G.1 "Oversight Activities." Additionally, Grantee
should also include in this narrative report 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
FY 2015 Housing Counseling Grant Agreement — LHCAs Page 19 of 26
the awards. The final report shall also describe any action taken or contemplated, and any
assistance needed to resolve the situation.
In addition to the certification required in Section A,6 of this Article, the Grantee must
also submit with the final report a certification, signed by an individual who is authorized
to execute the certification on behalf of the Grantee, which states that all applicable
closeout activities required in 2 CFR § 200,343 have been completed.
C. 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.
ARTICLE XII
CONFLICTS OF INTEREST
A. General Requirements. Grantee and its Sub-grantees, if any, shall comply with all
programmatic disclosure and conflict of interest requirements at 24 C.F.R. Part 214, 2
C.F.R. § 200.112, and HUD Handbook 7610.1 Rev-5, and any other applicable HUD
requirements. 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. Furthermore, the agency must provide information
on alternative services, programs, and products.
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 infounation 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 infoiniation 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.
FY 2015 Housing Counseling Grant Agreement — LHCAs Page 20 of 26
B. Confidentiality. Grantee must ensure their 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 individual's Client 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 C.F.R. Part 214, HUD may
impose additional requirements or special conditions on a Grantee, subject to 2 C.F.R.
Part 200, who demonstrates the characteristics or behavior specified in 2 C.F.R. §
200.207.
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
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 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 such as, but not limited to remedies described in
24 C.F.R Part 214, 2 C.F.R. 200.338, the NOFA, and any other applicable HUD
requirements.
ARTICLE XV
FY 2015 Housing Counseling Grant Agreement — LHCAs Page 21 of 26
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 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 Keeping Requirements. Grantee shall comply with the requirements for record
retention and access to records specified in the applicable regulations 24 C.F.R. §§
214.315, 2 C.F.R. §§200.333- 200.337, and other applicable record retention
requirements. Notwithstanding the record retention periods specified herein above, 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 Client 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
FY 2015 Housing Counseling Grant Agreement— LHCAs Page 22 of 26
and Intermediaries shall submit their appeal to: US. 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 teimination 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 2 C.F.R. Part 200, Subpart F Audit Requirements, including the associated
Compliance Supplement, as amended. The requirements of the Single Audit Act and 2 C.F.R.
Part 200, Subpart F 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,
which 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 shall comply with HUD'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 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 C.F.R. Part 87, Grantee shall not use these Grant
Funds to attempt to influence Federal Executive or Legislative Officers or employees in
FY 2015 Housing Counseling Grant Agreement — LHCAs Page 23 of 26
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 C.F.R. Part 87. A Grantee shall submit
its certification 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.
D. Lobbyist Registration and Reporting. Grantee shall comply with the Lobbying
Disclosure Act of 1995 (2 U.S.C. § 1601 et seq.), which requires all persons and entities
who lobby covered Executive or Legislative Branch officials to register with the
Secretary of the Senate and the Clerk of the House of Representatives and file reports
concerning their lobbying activities.
ARTICLE XXII
NONDISCRINIINATION 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 Fowl 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 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 U.S .C. §§ 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
FY 2015 Housing Counseling Grant Agreement — LHCAs Page 24 of 26
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 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.
7. Equal Access to Housing in HUD Programs Regardless of Sexual Orientation or
Gender Identity (77 FR 5562)
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, and participation must be voluntary for the Clients receiving
services covered, either completely or in part, by HUD funds.
ARTICLE XXIII
MISCELLANEOUS
A. Order of Precedence. In the event of any inconsistency among any provisions of this
Agreement, the following order of precedence shall apply:
1. Section 106 of the Housing and Urban Development Act of 1968 and other
applicable Federal laws;
2. Applicable Federal regulations, including but not limited to 24 C.F.R. Part 214;
3. The Housing Counseling Program NOFA;
4. This Grant Agreement; and
5. HUD Handbook 7610,1-Rev. 5.
B. 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
FY 2015 Housing Counseling Grant Agreement — LHCAs Page 25 of 26
By:
Name: Name: William R. McKee
By:
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.
C,. Applicable Law. This Agreement shall be construed, and the rights and obligations of
the parties determined, in accordance with Federal law.
D. 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,
E. Survival. Any provisions of this Agreement that expressly or by their operation should
reasonably continue to apply to a patty 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 2
C.F.R. §§ 200.16, 200.343, and 200.344 describe Grantee's closeout requirements and
continuing responsibilities after the closeout of this Grant.
IN WITNESS WHEREOF, each of the Parties has caused the following Housing
Counseling Program 2015 Grant Agreement to be executed by its duly authorized officer or
agent. No alterations of the official version of the Housing Counseling Program 2015 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.
GRANTER
HUD:
[INSERT FULL LEGAL NAME] UNITED STATES DEPARTMENT
OF HOUSING AND URBAN
DEVELOPMENT
Title: Title: Deputy Director, Office
of Policy and Grant
Administration
Date: Date: 6/24/2015
FY 2015 Housing Counseling Grant Agreement— LHCAs Page 26 of 26
By:
Name.. Name: William R. McKee
By:
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
C. Applicable Law. This Agreement shall be construed, and therights and obligations of
the parties determined, in accordance with Federal law.
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.
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 2
§§ 200.16, 200.343, and 200.344 describe Grantee's closeout requirements and
continuing responsibilities after the closeout of this Grant.
IN WITNESS WHEREOF, each of the Parties has caused the following Housing
Counseling Program 2015 Grant Agreement to be executed by its duly authorized officer or
agent. No alterations of the official version of the Housing Counseling Program 2015 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
Title: Title: Deputy Director, Office
of Policy and Grant
Administration
Date: Date: •6/2412015
Fs/ 2015 Housing Counseling Grant Agreement— LHCAs Page 2.6 of 26
Assistance Award/Amendment U.S. Department of Housing
and Urban Development
Office of Administration
1, Assistance Instrument ri Cooperative Agreement X Grant
2. 1./pe of Action
NI Award 7 Amendment
3. Instrument Number
HC150321044
4. Amendment Number 5. Effective Date of thiS Action
1 -Oct-14
6. Control Number
Hai 50321044
7. Name and Address of Recipient
OAKLAND COUNTY HOUSING COUNSELING
250 Elizabeth Lake Rd Ste 1900
Pontiac, M1 48341-1035
TIN NUMBER: 38-6004876
DUNS NUMBER: 136200362
8, HUD Administering Office
'Department of Housing and Urban Development
34 Civic Center Plaza- Office of Housing. Counseling
Santa Ana, CA 92701
8a. Name'of Administrator
William B. McKee
8b. Telephone Number
714-955-0818
10. Recipient Project Manager
Kathy Williams 248-858-1189
9. HUD Government Technical Representative
Sheryl Welton.
11. Assistance Arrangement
Cost Reimbursenient
12. Payment Method El Treasury Check Reimbursement
0 Advance Check
5-‹. Autorneted Clearinghouse
13. HUD Payment °RIG°
CFO Accounting Center/HUD
PO Box 901013
Fort Worth, TX 76101
• Cost Sharing
El Fixed Price
14. Assistance Amount
Previous HUD Amount $
HUD Amountthis action $19,432.00 ..
15. HUD Accounting and Appropriation
15a. Appropriation Number
8615/160156
Data
15b. Reservation number
HG150321044
Total HUD. Amount $19,432.00
Recipient Amount $
Total Instrument Amount $19,432.00
Amount Previously-Obligated $ ' Obligation by this action $19,432.00'
Total ObligatiOn. $19,432.00
16. Description
FY 2015 - HOUSING COUNSELING GRANT VOUCHER UNDER LOCOS BUDGET LINE ITEM 9500.
GRANT TYPE: COMPREHENSIVE HOUSING COUNSELING
LOCCS Draw Down Expiration Date; 9/3012016
Period of Performance: 10/1/2014 to 3/31/2016
17. X
Redolent is required to sign and return three (3) copies
of this docUment to the HUD Administerino Office
18. C Recipient is not required to sign this document
19_ Recipient (By Name)
Kathy Williams
20. HUD "13y Name)
William R. McKee
Signature & Title Date (mrnkldfyyyy) Signature & Title Date (mmiddiyyyy)
06/24/2015
— 719r
Deputy Director, Office of Policy and
Grant Administration
form HUD-1044 (8/90)
ref. Handbook 2210.17
U.S. Department of Housing and Urban Development
Office of Housing Counseling
FY2015 Housing Counseling
Award-Grant Execution Checklist
This is a checklist of-required documents g -rantees must submit to execute their FY-- -
2015 grant awards. See enclosed award letter for detailed requirements of each item.
Grantees may use this checklist to make sure all appropriate documentation is
included in your response to the enclosed award letter.
An incomplete package will result in a delay in your organization's ability to execute
the grant and access grant funding.
All relevant documents are due to your assigned Point of Contact (POC) within 15
business days of the date of the enclosed award letter.
0110/ Therefore, it is strongly recommended that you read these documents in their
entirety in order to be fully informed of all the latest requirements.,
Form HUD-1044 and Grant Agreement Signature Page
P One signed form HUD-1044
El Signed signature page only of the Grant Agreement
Indirect Cost Rate Documentation
ID Copy of Grantee's Negotiated Indirect Cost Rate Agreement (NICRA), OR
O Statement that Grantee has never received a NICRA and elects to charge a de
minimis rate of 10% of modified total indirect costs in accordance with 2 C.F.R.
Part 200.414, OR
El Statement that Grantee does not incur indirect costs or will not apply them to this
grant.
Financial Management Systems
El Documentation (e.g, a certification from the executive director or other qualified
professional) demonstrating that the organization's financial management systems
satisfy the requirements in applicable regulations at 2 CFR 200, Subpart D.
Audit
El A copy of Grantee's single or program-specific audit (aka A-133 audit) for the most re-
cent fiscal year for Grantees that expended $750,000 or more in Federal funds, OR
A copy of the most recent independent financial audit for Grantees that did not
expend $750,000 or more in Federal awards.
Code of Conduct
El Grantee has previously submitted its Code of Conduct, the information has not been
revised, and the Grantee is listed on HUD's website at http//www.hud.govioffices/
adm/grants/codeofconduct/cconduct.c.fin OR
Submit a written Code of Conduct that meets the requirements outlined in the
enclosed award letter and listed on page 14 of HUD's FY 14 General Section NOFA
published in the Federal Register on February 19, 2014. Grantees that have revised
a previously submitted Code of Conduct or do not appear on the website listed
above, or both, must submit a copy of its Code of Conduct.
Projected Budget
0 A comprehensive budget listing all proposed expenses under the Grant. See the
enclosed award letter for detailed requirements.
Projections for Housing Counseling Grant Activities
0 Enter projections in the Housing Counseling System (HCS) under the 'HUD-9902"
menu item, Save projections as draft. See item 5 of the enclosed award letter for
more detailed instructions.
D Email your GTR the total number of households to be served with the grant.
Sub-allocation list - Intermediaries, Multi-State Organizations (MS0s)
and Stat Housing Finance Agencies (SHFAs) Only
LI Enter updated list of subgrantees and funded branches, and their corresponding sub-
allocations in HCS on the budget allocation screen.
Client Management System (CMS)
El Grantee must submit a statement certifying that the organization and any sub-grantees
and funded branches, if applicable, utilize a CMS that meets HUD's requirements
and interfaces with HUD's databases for the collection and submis-sion of client-
level data, form HUD- 9902, and agency profile information.
El Intermediaries, MSOs and SHFAs must also submit a list of all relevant subgrant-
ees and the CMS they utilize.
Excerpt of Financial Management Requirements in 2 C.F.R. § 200.302
§200.302 Financial management.
(a) Each state must expend and account for the Federal award in accordance with state laws and
procedures for expending and accounting for the state's own funds. In addition, the state's and the other
non-Federal entity's financial management systems, including records documenting compliance with
Federal statutes, regulations, and the terms and conditions of the Federal award, must be sufficient to
permit the preparation of reports required by general and program-specific terms and conditions; and the
tracing of funds to a level of expenditures adequate to establish that such funds have been used
according to the Federal statutes, regulations, and the terms and conditions of the Federal award. See
also §200.450 Lobbying.
(b) The financial management system of each non-Federal entity must provide for the following (see
also §§200.333 Retention requirements for records, 200.334 Requests for transfer of records, 200.335
Methods for collection, transmission and storage of information, 200.336 Access to records, and 200.337
Restrictions on public access to records):
(1) Identification, in its accounts, of all Federal awards received and expended and the Federal
programs under which they were received. Federal program and Federal award identification must
include, as applicable, the CFDA title and number, Federal award identification number and year, name of
the Federal agency, and name of the pass-through entity, if any,
(2) Accurate, current, and complete disclosure of the financial results of each Federal award or
program in accordance with the reporting requirements set forth in §§200.327 Financial reporting and
200.328 Monitoring and reporting program performance. If a Federal awarding agency requires reporting
on an accrual basis from a recipient that maintains its records on other than an accrual basis, the
recipient must not be required to establish an accrual accounting system. This recipient may develop
accrual data for its reports on the basis of an analysis of the documentation on hand. Similarly, a pass-
through entity must not require a subrecipient to establish an accrual accounting system and must allow
the subrecipient to develop accrual data for its reports on the basis of an analysis of the documentation
on hand.
(3) Records that identify adequately the source and application of funds for federally-funded
activities. These records must contain information pertaining to Federal awards, authorizations,
obligations, unobligated balances, assets, expenditures, income and interest and be supported by source
documentation.
(4) Effective control over, and accountability for, all funds, property, and other assets. The non-
Federal entity must adequately safeguard all assets and assure that they are used solely for authorized
purposes. See §200.303 Internal controls.
(5) Comparison of expenditures with budget amounts for each Federal award.
(6) Written procedures to implement the requirements of §200.305 Payment.
(7) Written procedures for determining the allowability of costs in accordance with Subpart E—Cost
Principles of this part and the terms and conditions of the Federal award.
FISCAL NOTE (MISC . #15196) July 29, 2015
BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS - COMMUNITY
AND HOME IMPROVEMENT DIVISION - FY2015 HOUSING COUNSELING PROGRAM GRANT-
ACCEPTANCE
To The Oakland and 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 FY 2015 Housing
Counseling Program Grant funding in the amount of $19,432 to the Community & Home
Improvement Division.
2. The FY 2015 Housing Counseling Program Grant amount of $19,432 will supplement Community
Development Block and Michigan State Housing Development Authority (MSHDA) Housing
Education Program Grant funds allocated to deliver housing counseling services in accordance
with Federal comprehensive housing counseling program guidelines.
3. This is the twentieth (20th) year of grant.
4. The County performance period for the grant is October 1, 2014, through March 31, 2016.
5. The FY 2015 Housing Counseling Program Grant will supplement salaries and fringe benefits for
one (1) SR FTE Housing Counseling and Homeless Services Supervisor position (1090680-
03354) delivering housing counseling services.
6. No County match is required.
7. FY 2015 Budget Amendment is recommended as follows:
Housing Counseling Grants (#29706)
GR0000000728 Activity GLB, Analysis Type GLB, Bud Ref 2015
Revenue
29706-1090680-132210-610313 Grants-Federal
Total Revenue
Expenditures
29706-1090680-132210-702010 Salaries-Regular
29706-1090680-132210-722740 Fringe Benefits
Total Expenditures
Community Development Block Grants (#29701)
GR0000000680 Activity GLB, Analysis Type GLB, Bud Ref 2014
Expenditures
29701-1090680-132210-702010 Salaries-Regular
29701-1090680-132210-722740 Fringe Benefits
29701-1090601-172160-731521 Public Services
FY 2015
$19,432
$ 19,432
$11,659
$ 7,773
$19,432
($11,659)
($ 7,773)
$ 19,432
$
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Long, Crawford and Zack absent.
Resolution #15196 July 29, 2015
Moved by Spisz supported by Jackson the resolutions (with fiscal notes attached) on the Consent Agenda
be adopted (with accompanying reports being accepted).
AYES: Dwyer, Fleming, Gingell, Gosselin, Hoffman, Jackson, Kowall, Long, Matis, Middleton,
Quarles, Scott, Spisz, Taub, Weipert, Zack, Bowman, Crawford. (18)
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).
I HVIIEBY 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 July 29, 2015,
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 29th day of July 2015.
JA-76'
Lisa Brown, Oakland County