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HomeMy WebLinkAboutResolutions - 2001.03.08 - 26505March 8,2001 MISCELLANEOUS RESOLUTION #0 1075 BY: PLANNING AND BUILDING COMMITTEE, CHARLES E. PALMER, CHAIRPERSON IN RE: DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT - COMMUNITY AND HOME IMPROVEMENT DIVISION - FY 2000 COMPREHENSIVE HOUSING COUNSELING GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies, and Gentlemen: WHEREAS the U.S. Department of Housing and Urban Development (HUD) has awarded the Department of Community and Economic Development - Community and Home Improvement Division federal grant funding in the amount of $29,009 for the fiscal year beginning October 1, 2000; and WHEREAS this is the 6 th year of the grant; and WHEREAS the grant award of $29,009 represents a 64.85% variance from the application of $82,535, and a decrease of $1,629 from last year's award of $30,638; and WHEREAS the grant provides a full range of housing counseling services, information and assistance to housing consumers in improving their housing conditions and meeting the responsibilities of home ownership and tenancy including information for first time buyers, pre-occupancy, rental delinquency and mortgage default assistance, Home Equity Conversion Mortgage Program, home improvement and rehabilitation resources, displacement and relocation resources and pre-foreclosure assistance; and WHEREAS the County intends to use the grant to supplement Community Development Block Grant funds allocated to deliver housing counseling services county-wide in accordance with the Federal Comprehensive Housing Program guidelines; and WHEREAS no County funding is required for this grant continuation; and WHEREAS this grant has been reviewed and approved through the County Executive's Contract Review Process. NOW THERFORE BE IT RESOLVED the Oakland County Board of Commissioners accepts the FY 2000 Comprehensive Housing Counseling Grant in the amount of $29,009. BE IT FURTHER RESOVLED that future level of service, including personnel, will be contingent upon the level of funding available for this program. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorize 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. BE IT FURTHER RESOLVED this Resolution be adopted after Corporation Counsel approves the contract language. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. P P4 G ND BUILDIN&60MMITTEE -‘111.0°;./ Planning & Building Committee vote: Motion carried on unanimous roll call vote with Palmer absent Recipient is not required to sign this document. 18. I 20. HUD (By Name) MONICA SCHUSTER 1 Signature & , I DIRECTOR, PROGRAM SUPPORT DIVISION 19. Recipient (By Name) Signature & Title Date (mmidd/yyyy) EXECUTIVE DIRECTOR Date (mmidd/yyyy) 09-30-00 'Assistance Award/Amendment U.S. Department of Housing and Urban Development Office of Administration 1. Assistance Instrument 2. Type of Action Cooperative Agreement X Grant X Award Amendment 3. Instrument Number 4. Amendment Number 5 Effective Date of this Action 6 Control Number 09-30-00 HC00-0398-082 7. Name and Address of Recipient 8. HUD Administering Office OAKLAND COUNTY MICHIGAN PENNSYLVANIA STATE OFFICE 1200 N. TELEGRAPH ROAD THE WANAMAKER BUILDING PONTIAC, MI 48341 100 PENN SQUARE EAST PHILA., PA 19107 8a. Name of Administrator 8b. Telephone Number MONICA SCHUSTER 215-656-0516 10. Recipient Project Manager 9. HUD Government Technical Representative ROBERT WRIGHT 11 Assistance Arrangement 12. Payment Method 13. HUD Payment Office 1 I Cost Reimbursement [ Treasury Check Reimbursement THE WANAMAKER BUILDING 100 PENN SQUARE EAST ( I Cost Sharing Advance Check PHILA. PA 19107 Fixed Price uo Automated Clearinghouse 14. Assistance Amount 15. HUD Accounting and Appropriation Data Previous HUD Amount 15a. Appropriation Number 15b. Reservation Number HUD Amount this action $ $29,009.00 8650156 Total HUD Amount $ Amount Previously Obligated $ Recipient Amount $ $29.009.00 Obligation by this action $ $29,009.00 Total Instrument Amount $$29,009.00 Total Obligation $ $29,009.00 16. Description HOUSING COUNSELING GRANT FY2000 COMPREHENSIVE COUNSELING SERVICES LOCCS BUDGET LINE ITEM 9500 THREE DIGIT PREFIX: 066 17. [ I Recipient is required to sign and return three (3) copies A ! of this document to the HUD Administering Office form HUD-1044 (8/90) INDEX ARTICLES DESCRIPTION PAGE NO. ARTICLE I GENERAL, SCOPE OF WORK 2 ARTICLE II PERIOD OF PERFORMANCE 3 ARTICLE III DEFINITIONS 3 ARTICLE IV STATEMENT OF WORK 5 ARTICLE V PRICE AND PERFORMANCE 6 ARTICLE VI INSPECTION AND ACCEPTANCE 7 ARTICLE VII CONDUCT OF WORK 7 ARTICLE VIII PAYMENT 7 ARTICLE IX SECURITY OF CONFIDENTIAL INFORMATION 9 ARTICLE X SUSPENSION AND TERMINATION PROCEDURES 9 ARTICLE XI AMENDMENTS 10 ARTICLE XII RECORDKEEPING AND REPORTING 10 ARTICLE XIII DISPUTES 12 ARTICLE XIV OTHER ADMINISTRATIVE PROVISIONS 12 ARTICLE XV DRUG-FREE WORK PLACE REQUIREMENTS 12 ARTICLE XVI PROHIBITION ON USE OF APPROPRIATED FUNDS TO LOBBY FEDERAL GOVERNMENT 12 1 of 12 Grant Agreement 2000 HC Grants ARTICLE I -- GENERAL, SCOPE OF WORK This agreement is authorized by Section 106 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701x) ('the Act") and the Departments of Veterans Affairs, Housing and Urban Development, and Independent Agencies Appropriation Act, 2000. The purpose of this agreement is to set forth the terms and conditions under which HUD will provide federal financial assistance to the grantee to carry out a HUD-approved housing counseling program under the Act. As used herein, the terms "grant" or "grant funds" or "grant award" refer to the federal funds provided by HUD under this agreement. The documents which will govern and control this agreement shall include, but not be limited to the following, as they may be amended from time to time: Section 106 of the Housing and Urban Development Act of 1968; HUD Handbook 7610.1, Housing Counseling Program, as revised; 24 CFR Part 1, Nondiscrimination in Federally Assisted Programs of the Department of Housing and Urban Development - Effectuation of Title VI of the Civil Rights Act of 1964; 24 CFR Part 8, Nondiscrimination Based on Handicap in Federally Assisted Programs and Activities of the Department of Housing and Urban Development; 24 CFR Part 24, Subpart F, Drug-Free Workplace Requirements; 24 CFR Part 84, Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non-Profit Organizations; 24 CFR Part 85, Administrative Requirements for Grants and Cooperative Agreements to State, local and Federally Recognized Indian Tribal Governments; 24 CFR Part 87, New Restrictions on Lobbying; 24 CFR Part 146, Nondiscrimination on the Basis of Age in HUD Programs or Activities Receiving Federal Financial Assistance; OMB Circular A-87 (Revised 5/4/95, As Further Amended 8/29/97), Cost Principles for State, Local, and Indian Tribal Governments; OMB Circular A-122 (Revised 6/1/1998), Cost Principles for Non- Profit Organizations; The Notice of Funding Availability published in the Federal Register on February 24, 2000 (65 FR 9519) (The SuperNOFA) as amended (65 FR 26844) (Technical Corrections); The grantee's application submission, including the certifications, assurances, and documentation; and The grantee's current HUD-approved Housing Counseling Plan. The grantee agrees to carry out its grant activities under this grant agreement. The provisions of this agreement shall apply where applicable, to intermediaries and State housing finance agencies and their affiliates and branches which will assist the intermediaries and State housing finance agencies with carrying out this agreement. The grantee also agrees to accept responsibility for such compliance by any entities to which it makes grant funds available. The grantee shall furnish the necessary personnel, materials, services, facilities, (except as otherwise specified herein) and otherwise do all things necessary for, or incidental to, the performance of the work set forth in Article IV, Statement of Work. 2 of 12 Grant Agreement 2000 HC Grants (A) (B) ARTICLE II -- PERIOD OF PERFORMANCE A. Term of the Grant. The grantee shall provide all services hereunder from the effective date of the grant for a period not to exceed September 30, 2001. B. Extensions. The grantee shall advise th,: GTR (Government Technical Representative) in writing as early as possible but in no event later than 30 days prior to the scheduled expiration of the grant term if an extension of the period of performance is required. Extensions may be approved by HUD for good cause on a case by case basis, but are not routinely granted. ARTICLE III --- DEFINITIONS A. Client: A person who falls within the definition in either subparagraph A.1 or A.2 on page 3 of 12 AND enters the grantee's or sub-grantee's housing counseling workload by means of a screening interview. 1. A person, family, or group of persons with the same DOCUMENTED housing need or problem potentially resolvable under a HUD program, a conventional home mortgage program, or under a federal, state, county, or city program. A housing need exists when a client lacks affordable "decent, safe and sanitary" housing. A housing problem exists when a client occupies HUD-related housing, a conventionally-financed home, or a home financed under a federal, state, county, or city program and faces the possibility of foreclosure as a homeowner, eviction as renter, or other circumstances that impair occupancy in affordable decent, safe and sanitary housing. 2. A potential or present homebuyer, homeowner, or renter of a property that is or will be HUD-assisted or financed by a HUD- insured or conventional mortgage or by a federal, state, county, or city program. B. Counseling. Counseling is a counselor-to-client or counselor-to-group activity during which the counselor completes any or all of the following types of actions. 1. Interviews the client in a private space and a confidential manner to obtain basic information about the client and the client's housing need or problem. Special accommodations are provided to meet the needs of physically disabled clients. 2. Identifies resources within the counseling agency, the client's community, and HUD that might assist in meeting the client's housing need or resolving the client's housing problem. 3. Designs a counseling plan on behalf of the client. 4. Explains the counseling plan to the client and obtains the client's consent for the counselor to carry out the plan, including the actions the client must take. a 3 of 12 Grant Agreement 2000 HC Grants 5. Refers the client to other resources within the community and assists the client in arranging appointments with those resources. 6. Recommends additional private or group counseling sessions conducted by the agency or other community resources. 7. Monitors the client's progre:;s toward meeting the need or resolving the problem. C. Housing counseling provided under this grant may be limited in scope or may include the full range of services, advice, and assistance to housing consumers to assist them in improving their housing conditions and meeting the responsibilities of homeownership and tenancy. At a minimum, the services specified in the application for this grant must be made available. Housing counseling services covered under this grant include providing information, advice and assistance to address housing needs of clients on a wide range of issues and programs including: information for first time homebuyers; homebuyer education; pre- occupancy, rental delinquency and mortgage default assistance (including loss mitigation); the Home Equity Conversion Mortgage Program; home improvement and rehabilitation; displacement and relocation; and pre- foreclosure sales. D. National, Regional, and Multi-State Intermediaries. These organizations are also known as HUD-approved intermediaries. A national organization is one that provides housing counseling services through its branches or affiliates in at least 26 States. A regional organization is one that provides housing counseling services through its branches or affiliates in a generally recognized region or group of regions such as the Southwest, Mid-Atlantic, or New England. A multi-State organization is one that provides housing counseling services through its branches or affiliates in three or more States but not more than 25 States, nor for an entire region or group of regions. E. State Housing Finance Agencies (SHFA). A State housing finance agency is generally created by the state legislature and has many functions including the financing of affordable tax exempt, partially tax exempt and/or fully taxable housing and the administration of subsidized housing programs. The agency may use this title in its designation or such functions may be included within another state agency. The agency may operate with its own officers and board of directors appointed by the governor. F. Government Technical Representative (GTR) for housing counseling. The GTR reviews and monitors the grantee's work performance, vouchers and reports and may be assisted by a Government Technical Monitor (GTM). For local counseling agencies and State housing finance agencies, the GTR or GTM is on the staff of the HUD Homeownership Center. For HUD- approved intermediaries, the GTR or GTM is on the staff at HUD headquarters. G. Government Technical Monitor (GTM) for housing counseling. A GTM may be appointed to assist the GTR. If appointed, the GTM will be the direct day-to-day contact for the grantee. In addition to reviewing and monitoring the grantee's work performance, invoices and reports, the GTM will provide program information, advice, and training to the grantee in carrying out the housing counseling program under the grant agreement. H. Other pertinent definitions as found in Handbook 7610.1 as revised are 4 of 12 Grant Agreement 2000 HC Grants applicable to this agreement. ARTICLE IV -- STATEMENT OF WORK A. Housing Counseling - Budget Line .tem 9500 The grantee shall use the grant funds to provide housing counseling services to eligible clients. Grantees shall provide the housing counseling services specified within the grant agreement and/or in the grantee's application. Grantees, who operate as HUD-approved intermediaries or State housing finance agencies, must require that sub- grantees (affiliates and branches) meet the requirements outlined in Article IV, Statement of Work. In providing the housing counseling program services described above, the grantee (and sub-grantees) shall: 1. Furnish housing counseling services provided under this grant at no charge to clients. 2. Furnish housing counseling services above and beyond identical services provided by means of funds in addition to this grant. (See paragraph B of ARTICLE V -- PRICE AND PERFORMANCE.) 3. Coordinate with HUD, mortgagees and public and private community organizations who are also working with the client in order to provide maximum service to the client. 4. Refer clients, as appropriate, to other community services organizations. 5. Provide housing counseling services on a priority basis to low and moderate income clients. 6. Contact and work with the appropriate HUD Office and lender to assist clients who are: a. In default on their monthly mortgage payments. b. Being considered under the Loss Mitigation Program. c. In financial difficulty or in default under a forbearance agreement. 7. Provide specialized counseling on shared housinc or referrals to organizations providing such counseling and information on available housing for sharing. 8. Provide information, advice and assistance on reverse equity mortgages for senior citizens (also known as Home Equity Conversion Mortgages or "HECMS" for elderly homeowners). B. Intermediary Functions A grantee, who is a HUD-approved intermediary or State housing finance agency, shall be bound by the provisions of this agreement and must perform all the administrative duties as a grant administer to its sub- grantees (affiliates and branches). As an intermediary, the grantee agrees to distribute at least 90 percent of its grant award to its sub- 5 of 12 Grant Agreement 2000 HC Grants grantees (affiliates and branches). Up to 10 percent of the grant award shall reflect the grantee's anticipated operating needs to oversee and fund the sub-grantees. The grantee shall have broad discretion to implement its housing counseling program. Each grantee must execute a sub-grant agreement with each sub-grantee that clearly delineates the mutual responsibilities for program management and appropriate time frames for reporting results to HUD. ARTICLE V -- PRICE AND PERFORMANCE A. The grantee shall be paid as compensation for all work required, performed, and accepted under this grant, inclusive of all costs and expenses, in an amount not to exceed the total award amount shown on form HUD-1044, Assistance Award/Amendment, the cover sheet of this grant document, and paid in compliance with OMB Circular A-87 or A-122 whichever is applicable. A grantee, who is a HUD-approved intermediary or State housing finance agency, can be compensated up to 10 percent of the grant award for payment toward anticipated operating needs to oversee and fund sub-grantees. The cover sheet of this grant document specifies the amount of the grant award (see form HUD-1044, Block 14, Assistance Amount). B. The grantee, who is a HUD-approved intermediary or State housing finance agency, shall make sure that each sub-grantee (affiliate and branch) is paid as compensation for all work required, performed, and accepted under the sub-grant, inclusive of all costs and expenses, in an amount not to exceed the total award amount shown on sub-grant agreement used by the grantee, and in compliance with OMB Circular A-87 or A-122 whichever is applicable. C. The grantee may not be reimbursed by HUD under this grant for services that are directly or indirectly reimbursed from any other source. The grantee may include in its vouchers under this grant only those counseling services for which the grantee does not receive reimbursement from any other funding sources. Where multiple sources are funding the housing counseling program, the grantee must separate its program and designate the activities to be funded by each funding source. For example, a grantee that receives CDBG (Community Development Block Grant) and housing counseling grant funds could use the funds to serve clients in completely different neighborhoods. Another alternative might be to designate the use of housing counseling funds for one type of clients and not for another type. D. All records of counseling activity are subject to inspection and audit by HUD at any time during and after the grant period. The burden of proof for services rendered rests with the grantee or sub-grantee. (Also refer to Article XII for requirements concerning retention, custody, and inspection of records.) E. The grantee's and sub-grantee's client files and all other records maintained by the grantee or sub-grantee under this grant shall be made available for monitoring and audit by the GTR, GTM, and staff of HUD's Office of the Inspector General, or their duly authorized representatives. F. A local housing counseling agency as a grantee may not subcontract for the performance of any part of this grant. 6 of 12 Grant Agreement 2000 HC Grants G. A HUD-approved intermediary and a State housing finance agency may enter into sub-agreements with their affiliates and branches participating under this grant agreement. Affiliates and branches must comply with the substantive provisions of this grant agreement. H. Restrictions on Use of the Grant Amount. The grant award, or any sub- grant, must be used in accordance with the grant application, or as may be further restricted in Block 16 of the form HUD-1044. I. Mergers, acquisitions, or other changes in form must be reported to the GTR. ARTICLE VI -- INSPECTION AND ACCEPTANCE Inspection and acceptance of the services performed by local HUD-approved housing agencies, HUD-approved intermediaries and State housing finance agencies shall be made by the GTR. The GTR shall monitor and review the administration of the grantee's sub-grant program as part of the inspection and acceptance of services performed by HUD- approved intermediaries and State housing finance agencies. Specifically the GTR shall review and monitor for compliance with the provisions of this agreement. HUD-approved intermediaries and State housing finance agencies (operating as an intermediary) shall inspect and accept the services performed by their sub- grantees. HUD shall only monitor and review the grantee's method of inspection and acceptance. ARTICLE VII -- CONDUCT OF WORK The GTR, identified in Block 9 of the cover sheet (form HUD-1044) of this grant, shall be the grantee's first and primary point of contact with HUD on all matters of a technical nature. The grantee shall submit all reports or other materials to the GTR. The GTR may issue written or oral instructions to the grantee to fill in details in the Statement of Work described in this grant_ Such instructions must be within the scope of the work set forth in this grant, and may not be of such a nature as to affect price, period of performance, or any other provisions of this grant. The GTR may designate a GTM to assist with grant management. If a GTM is appointed, the grantee will be notified in writing by the GTR. ARTICLE VIII - PAYMENT A. Immediately after award, grantees which are not already receiving payments via direct deposit from HUD must submit a completed SF-1199A (Direct Deposit Sign-Up Form) to the GTR. These forms are available at local banking institutions and from HUD, on request. The GTR will fax SF-1199A to the Fort Worth Accounting Center. Intermediary grantees will forward SF-1119A to Cash Management Reporting Division, room 3118, at Headquarters. B. All vouchers for grant payments must be submitted to HUD utilizing the Voice Response System/Line of Credit Control System (VRS/LOCCS). A record of each payment request must be maintained in the grantee's files 7 of 12 Grant Agreement 2000 HC Grants on form HUD-27053 (LOCCS/VRS Request Voucher for Grant Payment) and must be available for review by HUD on request. C. Each individual in the grantee's organization who will be authorized to access the VRS/LOCCS system to request funds must request access authorization from HUD by submitting a form HUD-27054 (LOCCS Voice Response Access Authorization). If any individual currently has access to VRS/LOCCS for prior year grant funds for the same grantee, no new HUD-27054 will be required to access funds under a FY 2000 award to that grantee. D. If any individual who has access to VRS/LOCCS is no longer employed by the grantee organization and/or should be denied access to grant funds for any reason, the grantee must notify the LOCCS Security Office at HUD immediately at (202) 708-0764, or toll free number 1-877-705-7504. E. A maximum of four (4) payment requests under FY 2000 grants will be allowed, as follows: 1. The first voucher should be submitted when 25 per cent of the housing counseling services which are connected to the grant have been delivered (Budget Line Item 9500). No supporting documentation on services provided is required at this time except for intermediaries and State housing finance agencies, who must attach supporting documentation that was submitted from affiliates and branches (refer to E.5 below). 2. The second voucher should be submitted when 50 per cent of the housing counseling services which are connected to the grant have been delivered. A mid-term report must be submitted to the GTR in support of this request (see Article XII, H. for a description of the mid-term report). 3. The third voucher should be submitted when 75 per cent of the housing counseling services which are connected to the grant have been delivered. No supporting documentation is required for approval of this request except for intermediaries and State housing finance agencies, who must attach supporting documentation from affiliates and branches (refer to E.5 below). 4. The fourth voucher should be submitted when all services connected to this grant have been completed. The final report must be submitted and approved by the GTR for this final request to be approved (see Article XII, I. for a description of the final report). The final voucher and final report must be submitted to HUD within 45 days of the expiration of the grant. 5. Intermediaries and State housing finance agencies shall submit the vouchers and reports set forth in items 1 through 4, above. However, all vouchers must be accompanied with invoices and other supporting documentation from affiliates and branches. HUD shall pay the intermediaries and State housing finance agencies who certify that they are in compliance with the grant agreement. At the time of payment, HUD will not question the validity of the invoices and other supporting documentation. However, HUD will use these invoices and the documentation when monitoring and reviewing the grantee. The review may conclude findings that require that the grantee refund moneys that were not properly used under this grant agreement. In worst case, grant awards can be 8 of 12 Grant Agreement 2000 HC Grants suspended or terminated. Suspended cases shall not be granted an extension unless extenuating circumstance prevail. (See ARTICLE X for details) The grantees and sub-grantees shall retain copies of all documentation. ARTICLE IX -- SECURITY OF CONFIDENTIAL INFORMATION The grantee and sub-grantee shall keep under lock and key all information regarding counseling of clients, whether such information is generated by the organization itself or received from outside sources. This includes credit reports, information on current financial status, notes on counseling sessions, and any other information regarding individual clients. The grantee of sub-grantee shall not disclose such information to anyone other than HUD or HUD-approved mortgagees. ARTICLE X -- SUSPENSION AND TERMINATION PROCEDURES A. The following definitions apply: Termination - Cancellation of federal assistance, in whole or in part, under the grant at any time prior to the date of completion. Suspension - An action by the GTR that temporarily suspends federal assistance under the grant pending corrective action by the grantee or pending a decision to terminate the grant by HUD. B. When the grantee has failed to comply with the terms, conditions, or standards of the grant, the GTR may, upon reasonable notice to the grantee, suspend the grant and withhold further payments, or prohibit the grantee from incurring additional obligations of funds, pending corrective action by the grantee or a decision to terminate in accordance with paragraph C. C. This grant may be terminated for cause or convenience. 1. Termination for cause - The GTR may terminate this grant in whole or in part at any time before the date of completion, whenever it is determined that the grantee has failed to comply with the terms and conditions of the grant. The GTR shall promptly notify the grantee in writing of the termination and the reasons for the termination, together with the effective date. Payments made to the grantee or recoveries by HUD in the event this grant is terminated for cause shall be in accordance with the legal rights and liabilities of the parties. 2. Termination for convenience - This grant may be terminated in whole or in part when both parties agree that the continuation of the project would not produce beneficial results commensurate with the further expenditures of funds. The two parties shall agree upon the effective date and in the case of partial terminations, the portion to be terminated. The grantee shall not incur new obligations for the terminated portion after the effective date, and shall cancel as many outstanding obligations as possible. The GTR shall allow full credit to the grantee for any non-cancelable obligations properly incurred by the grantee prior to termination. 3. The parties shall promptly settle the terminated grant and execute 9 of 12 Grant Agreement 2000 HC Grants a written amendment upon settlement, which sets forth the terms and conditions of the settlement agreement. ARTICLE XI - AMENDMENTS This grant may be amended at any time by a written modification. Amendments which reflect the rights and obligations of either party shall be executed by both the Government and the grantee. Administrative amendments such as changes in appropriation data may be issued unilaterally by the GTR. ARTICLE XII -- RECORDKEEPING AND REPORTING A. Any record keeping system may be used. However, the system must lend itself to easy monitoring by HUD when it conducts a performance review of the grantee's housing counseling activities. B. If HUD provides the agency with a record keeping software program, this program must be implemented by the agency. C. Client files (including files on group clients) must be maintained in accordance with Handbook 7610.1, as revised. Each client must be assigned a six-digit identification number to be used for reporting on counseling activities to HUD. D. Financial records, supporting documents, statistical records and all other records pertinent to this grant shall be retained for a period of three years from the date of the submission of the final invoice and Final Report, except as provided in 24 CFR part 84: 1. If any litigation, claim or audit is started before the expiration of the three (3) year period, the records shall be retained until all litigations, claims, or audit findings involving the records have been resolved. 2. Records for non-expendable property, if any, acquired with federal funds shall be retained for three years after its final disposition. 3. when records are transferred to or maintained by HUD, the three (3) year retention requirement is not applicable to the grantee. E. The grantee must be authorized by the GTR if the grantee desires to substitute microfilm copies in lieu of original records. F. The grantee shall transfer certain records to HUD when HUD determines that the records possess long-term retention value. However, in order to avoid duplicate record keeping, HUD may make arrangements with the grantee to retain any records that are continuously needed for joint use. G. The Secretary of HUD and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any pertinent books, documents, papers, and records of the grantee, sub- grantees and their subcontractors, to make audits, examinations, excerpts and transcripts. H. Mid-Term Performance Report - Local Grantee. A grant mid-term report is 10 of 12 Grant Agreement 2000 HC Grants due when the grantee has completed 50 percent of the counseling services to be covered under the grant. The grantee must send this report to the GTR no later than the date on which the grantee enters the related voucher into LOCCS. The GTR will process that voucher only upon receipt of an acceptable report. The report must contain, as a minimum, the following information: 1. Grantee's name, address, and grant number as they appear on the grant document. 2. An identification number, determined by the grantee, for each client counseled during the report period. 3. Type of counseling performed for each client, or counseling performed by each affiliate or branch. 4. Start and end dates of the report period. 5. Signature and title of person authorized to sign the report. 6. Form HUD-9902 for the mid-term report period is to be forwarded to the GTR. 7. In addition to the above information, a narrative report of NOT MORE THAN four (4) single-spaced letter-sized typewritten pages. Include such items as problems encountered by the grantee and/or sub-grantee, items for which the grantee needs additional guidance, unusual client needs or problems for which the grantee provided counseling, and recommendations to HUD. I. Final Report - Local Grantee. A final report in the same format as the mid-term report is due when the grantee has completed all grant activities that will be funded under the grant. The narrative report must cover the entire period of the grant and may not exceed eight (8) typewritten single-spaced letter-sized pages. The grantee must send this report to the GTR no later than 45 days after the expiration of the grant. The GTR will process the final voucher only upon receipt of an acceptable report. Part of the final report is Form HUD-9902 which covers the entire grant period and is to be forwarded to the GTR. J. Mid-Term and Final Report-Intermediary Organizations and State Housing Finance Agencies These organizations shall receive a mid-term and final report from each affiliate and branch as described under Article XII H and I and below as J.1 and J.2 and forward same to the GTR. 1. The mid-term performance report shall consist of a narrative report of not more than two (2) single-spaced letter sized typewritten pages accompanied by Form HUD-9902 for clients served during this period covering all the affiliates. The grantee shall collect items under H.1 through H.6 from each affiliate, retain the information for audit, and forward a copy to the GTR. 2. The final report must not exceed five (5) single spaced letter sized typewritten pages for the narrative accompanied by a summary Form HUD-9902 covering all affiliates for clients served during the entire grant period. The grantee shall collect and retain all items under H.1 through H.6 from each affiliate, and forward a copy to the GTR. 11 of 12 Grant Agreement 2000 HC Grants K. Fiscal Year Activity Report - form HUD-9902 All grantees shall submit form HUD-9902 covering the period October 1, 2000 through September 30, 2001 for their housing counseling activities under the grant and outside the grant. The report is due by November 30, 2001 and is to be sent to HUD via the Internet. For those grantees who are unable to use the Internet, they shall contact their GTR. ARTICLE XIII -- DISPUTES During performance of the grant, disagreements may arise between the grantee and the GTR on various issues. If a dispute concerning a question of fact arises, the GTR shall prepare a final decision, taking into account all facts and documentation presented. The decision shall be mailed to the grantee. The grantee may appeal the decision within thirty (30) days to the Homeownership Center or for intermediaries to the Program Support Division at Headquarters. ARTICLE XIV -- OTHER ADMINISTRATIVE PROVISIONS The grantee shall comply with all standard Assurances--Non-Construction Programs as listed on Form SF-424B which is contained in the application. ARTICLE XV -- DRUG -FREE WORK PLACE REQUIREMENTS Grantee shall comply with the Certification Regarding Drug-Free Workplace Requirements which is contained in the Application and which is also found in 24 CFR Part 24, Appendix C. This agreement will be governed and controlled by 24 CFR Part 24, Subpart F, Drug-Free Workplace Requirements (Grants). ARTICLE XVI -- PROHIBITION ON USE OF APPROPRIATED FUNDS TO LOBBY FEDERAL GOVERNMENT Consistent with the Byrd Amendment (31 U.S.C. §1352), all grantees receiving grants in excess of $100,000 shall certify that they have not used, and will not use, appropriated funds to lobby the Federal Government. Grantees who have engaged in lobbying activities, or who plan to engage in lobbying activities, with other than appropriated funds must also disclose these activities on form SF-LLL, Disclosure of Lobbying Activities. (24 CFR, Part 87) Grantees may also be subject to §112 of the HUD Reform Act. 12 of 12 Grant Agreement 2000 HC Grants Resolution #01075 March 8, 2001 The Chairperson referred the resolution to the Finance Committee. There were no objections.