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
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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.
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(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.
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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
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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
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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
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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
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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.
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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.