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HomeMy WebLinkAboutResolutions - 2002.12.12 - 267760 PL • • , G AND BU1LDIN_G COMMITTEE , Planning & Building Committee Vote: Motion carried on unanimous roll call vote with Garfiel absent December 12, 2002 MISCELLANEOUS RESOLUTION #02325 BY: PLANNING AND BUILDING COMMITTEE, CHARLES E. PALMER, CHAIRPERSON IN RE: DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT - COMMUNITY AND HOME IMPROVEMENT DIVISION — FY 2002 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 housing counseling grant funding in the amount of $20,281 for the 2002 federal fiscal year; and WHEREAS this is the 8th year of the grant; and WHEREAS the grant award of $20,281 represents a 18.88% variance from the application of $25,000, and an increase of $6,739 from last year's award of $13,542; 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 personnel funds allocated to deliver housing counseling services county-wide in accordance with the Federal Comprehensive Housing Counseling 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 THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners accepts the FY 2002 Housing Counseling Grant in the amount of $20,281. 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 attached addendum 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. karry rieth From: Greg Givens [givensg@co.oakland.mi.us] Sent: Wednesday, November 13, 2002 10:35 AM To: VanLeuvenj; Keller, Wayne; Rieth, Karry Cc: Frederick, Candace Subject: CONTRACT REVIEW - Community and Home Improvement RE: CONTRACT REVIEW - Community and Home Improvement GRANT NAME: 2002 Housing Counseling FUNDING AGENCY: US Department of Housing and Urban Development DEPARTMENT CONTACT PERSON: Karry Rieth / 85403 STATUS: Acceptance DATE: 13 Nov 2002 Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials have completed internal contract review. Below are the comments returned by review departments. Department of Management and Budget: __ Approved - Laurie Van Pelt (5 Nov 2002) Personnel Department: I approve - Judy Eaton (1 Nov 2002) Risk Management and Safety: Approved. - Stan Fayne (4 Nov 2002) Corporation Counsel: Please include the attached Addendum with the 2002 grant. This has been approved by Robert Wright of HUD. There are no outstanding legal issues concerning this grant agreement. - Karen Agacinski (12 Nov 2002) Please note the comments from Corporation Counsel and the attached Addendum. These issues should be considered before submission to the Board for acceptance. Once this is done, 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 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. Greg Givens, Supervisor Grants Administration Unit Fiscal Services Division ADDENDUM TO HOUSING COUNSELING GRANT FY 2002 Comprehensive Counseling Services Control Number HCO2-0398-047 Between U.S. Department of Housing and Urban Development And Oakland County, Michigan 1 ADDENDUM TO HOUSING COUNSELING GRANT FY 2002 Comprehensive Counseling Services Control Number HCO2-0398-047 Between U.S. Department of Housing and Urban Development And Oakland County, Michigan Article XIII of the Grant is amended as follows: Notwithstanding the provisions of Article XIII, the Grantee will not disclose counseling information unless otherwise provided by applicable statute or court rule. Social Security Numbers are exempt from disclosure under the Michigan Freedom of Information Act. MCL 15.244(x) If the Grantee is required to provide public records which contain exempt and nonexempt material, the Grantee will to the extent practicable, facilitate a separation of exempt from nonexempt information. Article VIII of the Grant is amended as follows: Grantee may terminate this Agreement if the Grantee cannot comply with the written or oral instructions of the GTR provided for in Article VIII. 2002-899 hud2002 Assistine Award/ Amendment DepaitmentofHousing and Urban Development Office of Administration X 17. Previous editions are obsolete form HUD-1044 (8/90) ref. Handbook 2210.17 Signature & Title: Executive Director Signature Acting Director, Program Support Date: 09/30/02 Date: 1. Assistance Instrument 2. 'Fie of Action Cooperative Agreement X Grant Award Amendment 3. Instrument Number 4. Amendment Number 5. Effective Date of this Action 6. Control Number 1 10/01/02 HCO2 -0398 -047 7. Name and Address of Recipient 8. HUD Administering Office Oakland County Michigan U.S. Department of HUD 1200 North Telegraph Road The Wanamaker Building Pontiac, MI 48341-0414 100 Penn Square East Philadelphia, PA 19107 . Ba. Name of Administrator 8b. Telephone Number Bette Nan Schwartz, Acting (215)656 -0516 10. Recipient Project Manager 9. HUD Government Technical Representative HC01 -0398 -047 Robert Wright 11 Assistance Arrangement 12. Payment Method 13. HUD Payment Office Cost Reimbursement Treasury Check Reimbursement The Wanamaker Building 100 Penn Square East Cost Sharing Advance Check Philadelphia, PA 19107 X Fixed Price X Automated Clearinghouse 14. Assistance Amount 15. HUD Accounting and Appropriation Data Previous HUD Amount 15a. Appropriation Number 15b. Reservation Number HUD Amount this action $ 20,281.00 Total HUD Amount $ 20,281.00 Amount Previously Obligated $ Recipient Amount $ Obligation by this action $ 20,281.00 Total Instrument Amount 20,281.00 Total Obligation $ 20,281.00 16. Description Housing Counseling Grant FY 2002 Comprehensive Counseling Services 1 Recipient is required to sign and return three (3) copies of this document to the HUD Administering Office. 19. Recipient (By Name): Recipient is not required to sign this document. 20. HUD (By Name): Bette Nan Schwartz TABLE OF CONTENTS ARTICLE I— GENERAL 1 ARTICLE II DEFINITIONS 1 ARTICLE III PERIOD OF PERFORMANCE 3 ARTICLE IV STATEMENT OF WORK 3 ARTICLE V SUBCONTRACTS AND SUBGRANTS 7 ARTICLE VI ADMINISTRATIVE REQUIREMENTS 9 ARTICLE VII INSPECTION AND ACCEPTANCE 10 ARTICLE VIII CONDUCT OF WORK 10 - ARTICLE IX PRICE 10 ARTICLE X PAYMENT REQUESTS 12 ARTICLE XI REPORTING 14 ARTICLE XII CONFLICTS OF INTEREST 15 ARTICLE XIII SECURITY OF CONFIDENTIAL INFORMATION 15 ARTICLE XIV DEFAULTS AND REMEDIES 16 ARTICLE XV AMENDMENTS 16 ARTICLE XVI RECORDKEEPING AND AUDITING 16 ARTICLE XVII DISPUTES 17 ARTICLE XVIII AUDIT REQUIREMENTS 17 ARTICLE XIX DEBARMENT AND SUSPENSION 17 4 ARTICLE XX DRUG-FREE WORK PLACE REQUIREMENTS 17 ARTICLE XXI LOBBYING RESTRICTIONS 18 ARTICLE XXII NONDISCRIMINATION REQUIREMENTS 18 ARTICLE XXIII MISCELLANEOUS 19 FY 2002 HC Grants Grant Agreement THIS GRANT AGREEMENT (Agreement) is made between the United States Department of Housing and Urban Development (HUD) and the organization specified in block " seven (7) of the attached HUD-1044 (Grantee). ARTICLE I -- GENERAL This Agreement is authorized by Section 106 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701x) (the Act) and the Departments of Veterans Affairs, Housing and Urban Development, and Independent Agencies Appropriation Act, 2001. The purpose of this Agreement is to set forth the terms and conditions under which HUD will provide federal financial assistance to Grantee to carry out a HUD-approved housing counseling program under the Act. This Agreement is governed and controlled by the following documents which are incorporated by reference, as they may be amended from time to time: Section 106 of the Housing and Urban Development Act of 1968; The Notice of Funding Availability published in the Federal Register on March 26, 2002 (Docket No. FR-4723-N-01) (the SuperNOFA); HUD Handbook 7610.1, REV-4, CHG-1, dated October 27, 1997, Housing Counseling Program, as amended (HUD Handbook 7610.1); Grantee's application submission, including the application, certifications, assurances, and documentation, to the extent consistent with applicable laws, the SuperNOFA if applicable, this Agreement, and HUD Handbook 7610.1, REV-4, CHG-1; HUD-1044, Assistance Award/Amendment; and -Grantee's current HUD-approved Housing Counseling Plan. Grantee agrees to carry out its eligible activities (See page D-3) under this 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 with carrying out this Agreement; and local housing counseling agencies. ARTICLE II-- DEFINITIONS A. Client: A person (or persons) who falls within the definition in either subparagraph A.1 or A.2 of this Article AND enters the agency'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) A housing need exists when a client lacks affordable decent, safe and sanitary, and accessible housing. (B) 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 D - 1 Grant Agreement FY 2002 HC Grants homeowner, eviction as a renter, or other circumstances that impair occupancy in affordable decent, safe, sanitary and accessible 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. Government Technical Monitor (GTM) means the individual who may be appointed to assist the GTR. The GTR may delegate duties to the GTM. C. Government Technical Representative (GTR) means the individual responsible for the 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 HUD-1044. The,GTR for LHCAs, SHFAs, and local or state agencies serving a colonias is on the staff of the HUD Homeownership Center with jurisdiction over the Grantee. The GTR for National, Regional, and Multi-State Intermediaries, and an intermediary serving a colonias (one or more colonias) is on the staff at HUD Headquarters. A Government Technical Monitor (GTM) may assist the GTR. D. 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 HUD- 1044. E. Grant or Grant Funds means the federal funds provided by HUD under this Agreement. F. Intermediary means an organization that provides housing counseling services through its — branches or affiliates. As used in this Agreement, Intermediary refers to any of the following entities: (1) State Housing Finance Agency that provides housing counseling services through its branches or affiliates; (2) National Organization that provides housing counseling services through its branches or affiliates in at least 26 states; - (3) Regional Organization 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; or 4 (4) Multi-State Organization 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. G. Local Housing Counseling Agency (LHCA) means an organization that is not a SHFA or an Intermediary. H. State Housing Finance Agency (SHFA) means a "housing finance agency" as defined in 24 CFR 266.5. A SHFA that provides housing counseling services through its branches or affiliates shall satisfy the requirements applicable to an Intermediary. FY 2002 HC Grants D - 2 Grant Agreement I. Colonias. Means any identifiable community that: (i) is located in Arizona, California, New Mexico, or Texas; (ii) is within 150 miles of the border between the United States and Mexico; and (iii) meets objectives need criteria, including lack of potable water supply, and lack-cif decent, safe, sanitary, and accessible housing. J. Other pertinent definitions as found in Handbook 7610.1, REV-4, CHG-1, or as later amended, are applicable to this Agreement. ARTICLE III - PERIOD OF PERFORMANCE A. Period of Performance. The Period of Performance shall begin on October I, 2002 and expire at midnight on September 30, 2003. B. Extensions. Grantee does not have the authority to initiate an extension of this Agreement without the written approval of the Department. 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 required. A one-time extension may be approved by HUD for good cause on a case-by-case basis, but are not routinely granted. Only the Grant Officer, not the GTR or GTM, is authorized to approve extensions. ARTICLE IV -- STATEMENT OF WORK A. Housing Counseling - Budget Line Item 9500 1. Eligible Activities (Services). Grant funds shall only be used for eligible services under section 106 of the Housing and Urban Development Act of 1968. A Grantee selected through the SuperNOFA, and its subgrantees where applicable, shall use the grant funds to provide Clients with one or more of the following eligible housing counseling services, as further described in the SuperNOFA at 67 FR 14056-58: (1) Pre-occupancy counseling that includes the following types -of one-on-one counseling - pre-purchase, pre-rental, search assistance/mobility, fair housing, budgeting for mortgage or rent payments, money management, and housing care and maintenance. This also may include guidance on how to identify and avoid predatory lending practices, as well as referrals to community or homeless services. (2) Homebuyer education programs that are housing related education programs in which educational materials are used in tr4ning sessions for multiple participants, including HUD's Homebuyer Education and Learning Program (HELP). For a typical homebuyer education program, participants complete eight to twelve course hours. Agencies that provide this service must also offer individual counseling to compliment group sessions. (3) Post-purchase/mortgage default and rent delinquency counseling that includes counseling on how to - restructure debt, obtain re-certification for rent subsidy, establish reinstatement plans, seek loan forbearance, and manage household finances. This counseling can also include helping victims of predatory lending, educating clients on renter's and landlord's rights, explaining the eviction process, D - 3 Grant Agreement FY 2002 HC Grants providing referrals to other sources, and assisting clients with locating alternative housing or pursuing loss mitigation strategies. (4) Post-purchase/post-occupancy counseling that includes education programs and counseling activities on property maintengree, personal money management, and relations with lenders and landlords. (5) Home Equity Conversion Mortgage (HECM) counseling that assists clients who are 62 years or older with the opportunity to convert the equity in their homes into income to pay living, medical or other expenses. (6) Home improvement and rehabilitation counseling that includes educating the client about — their loan and grant options, the loan and/or grant application process, what housing codes and housing enforcement procedures apply for the intended activity, how to specify and bid construction work, how to enter into construction contracts, and how to manage construction contacts, including actions to address the non-performance of contractors. (7) Displacement and relocation counseling that includes helping clients understanding their rights when faced with displacement, explaining the responsibility of the entity causing displacement, assisting clients with understanding eviction proceeding, providing assistance with locating alternate housing, and referring clients to homeless services. (8) Marketing and outreach initiatives that includes providing general information about housing opportunities, conducting infoimational campaigns, and raising awareness about critical housing topics, such as, predatory lending or fair housing issues. 2. Scope of Services. A Grantee selected throug'h the SuperNOFA, and its subgrantees where applicable, shall provide such services and activities that reflect the housing counseling needs identified in its application for its target area and identified in its housing counseling plan. A grant awarded under the SuperNOFA is not intended to cover the total cost of carrying out 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. A grant awarded on a basis other than through the SuperNOFA shall provide the services and activities specified in the attached Supplemental Statement of Work. Grantee, and its subgrantees where applicable, shall furnish the necessary personnel, materials, services, facilities (except as otherwise specified herein), and otherwise do all things necessary for or incidental to the performance of the work set forth in this Agreement. 3. Provision of Services. (A) When the eligible housing counseling service, as defined above in subparagraph A.1 of this Article, includes the provision of counseling, then the counseling may be provided in a client or group based setting in which the counselor completes any or all of the following types of actions: (i) Provides counseling and advice to the client. FY 2002 HC Grants D - 4 Grant Agreement (ii) 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. (iii) 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. (iv) Designs a counseling plan on behalf of the client. (v) 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. (vi) Refers the client to other resources within the community and assists the client in arranging appointments with those resources. (vii) Recommends additional private or group counseling sessions conducted by the agency or other community resources. (viii) Monitors the client's progress toward meeting the need or resolving the problem. (B) When providing the eligible housing counseling services, Grantee, and its subgrantees where applicable, shall: Furnish the housing counseling services provided under this Agreement at no charge to Clients. Coordinate with HUD, mortgagees, lenders, and public and private community organizations who are also working with the Client in order to provide maximum service to the Client. Refer Clients, as appropriate, to other community service organizations. Provide housing counseling services on a priority basis to low and moderate income Clients. 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. Provide specialized counseling on shared housing or referrals to organizations providing such counseling and information on available housing for sharing. Provide information, advice, and assistance on reverse equity mortgages, or home equity conversion mortgages (HECMs), to (i) (ii) (iii) (iv) (v) (vi) (vii) D - 5 Grant Agreement FY 2002 HC Grants elderly homeowners. Grantees that lack staff adequately trained to provide HECM counseling shall refer elderly homeowners to resources where they can obtain HECM counseling. — (viii) Provide counseling offices and services that are accessible to persons with a wide range of disabilities. (ix) Help Clients locate suitable housing in locations throughout Grantee's community, target area, or metropolitan areas as defined by Grantee. 4. Mandatory Referrals. Grantee, or subgrantee where applicable, shall refer to other community and national resources all individuals who contact the Grantee, or subgrantee, for assistance but whom Grantee, or subgrantee, is unable to serve. 5. Placement on List of Housing Counseling Agencies. Contact information for Grantee, and its subgrantees where applicable, shall be maintained on HUD's list of housing counseling agencies. Grantee and its subgrantees agree to serve all individuals referred to them from this list unless the individual seeks assistance in an area that Grantee, or subgrantee, does not have expertise in or Grantee, or subgrantee, does not have counseling sessions available for the time period sought by the individual. B. Intermediary Functions. 1. Responsibility for Grant Administration. Gran' tee shall have wide discretion to implement its housing counseling program with its affiliates and is responsible for managing the daily operations of its program. The use of subgrantees does not relieve Grantee of its responsibility for complying with this Agreement and other applicable laws. Grantee agrees to accept responsibility for its subgrantee's compliance with the applicable provisions of this Agreement. Grantee shall monitor the performance of its subgrantees and take appropriate action to resolve problems to ensure compliance with this Agreement, subgrant agreements, and other applicable laws. 2. Allocation of Funds to Affiliates. Grantee shall maintain a written record explaining how it allocated funds to affiliates. This record shall be available to HUD and the Grantee's affiliates. .4 3. Single Audit Act Grantee Responsibilities. Grantee shall fulfill its responsibilities as a pass-through entity under the Single Audit Act, 31 U.S.C. § 7502(f)(2), and OMB Circular A-133, §.400(d). These responsibilities include, but are not limited to, sharing information with subgrantees, monitoring the activities and finances of subgrantees, ensuring that subgrantees satisfy the single audit requirements, reviewing subgrantees' audits, and ensuring that corrective action is taken to resolve audit findings. D - 6 Grant Agreement FY 2002 HC Grants ARTICLE V -- SUBCONTRACTS AND SUBGRANTS A. General Prohibition. As prescribed by HUD's regulations at 24 CFR 84.25(c)(8), 84.82(d)(3)(iii), or 85.30(d)(4), a Grantee that is subject to 24 CFR part 84 shall not subgrant, transfei7or contract out any of the work under this Agreement and a Grantee that is subject to 24 CFR part 85 shall not subgrant, contract out, or otherwise obtain the services of a third party to perform activities which are central to the purposes of this grant. Notwithstanding this general prohibition, a Grantee may subgrant, transfer, or contract if any of the following exceptions apply. 1. For a Grantee that is subject to 24 CFR Part 84, the subgrant, transfer, or contract was described in Grantee's grant application and funded in the approved grant. HUD will indicate in block sixteen (16) of the attached HUD-1044 if any subgrant, transfer, or contract is not funded. Notwithstanding the Grantee's grant application and any statement, or lack of any statement, in the attached HUD- 1044, a Grantee that is a SHFA, when not acting as an Intermediary, or a LHCA shall not make subgrants for the performance of any part of this Agreement. 2. HUD approves the subgrant, transfer, or subcontract in writing prior to its award. HUD shall not approve any subgrants by a SHFA, when it is not acting as an Intermediary, or a LHCA. 3. The subgrant, transfer, or subcontract is for the purchase of supplies, material, equipment, or general support services. If this exception to the general prohibition applies, Grantee shall comply with the applicable procurement standards in 24 CFR 84.41 through 84.48, 24 CFR 84.84, or 24 CFR 85.36. B. Requirements Applicable to Subgrants by Grantees. This paragraph only applies to a Grantee that is an Intermediary. 1. HUD-Approved Status of Subgrantees. A Grantee may make subgrants to affiliates that are not HUD-approved provided that the affiliate meets Qr exceeds -the standards for HUD-approved LHCAs as specified in paragraph 2-1 of HUD Handbook 7610.1. Grantee shall ensure that the quality of services provided by such an affiliate meets or exceeds the standards for HUD-approved LHCAs. This Agreement incorporates, if applicable, Grantee's certification submitted with its application for funds that the quality of services provided by affiliates that are not HUD-approved shall meet or exceed the standards for HUD-approved LUCAs. 2. Composition of Affiliates Receiving Subgrants. HUD may require a Grantee selected under the SuperNOFA to execute an amendment to this Agreement amending the grant amount where a change in the composition of affiliates providing counseling services changes a Grantee's classification as a National, Regional, or Multi-state Intermediary and reduces the applicable SuperNOFA award limits under which Grantee's grant application was evaluated. 3. Subgrant Agreements. Grantee shall execute a written subgrant agreement with each subgrantee before disbursing funds to the subgrantee. All subgrant D - 7 Grant Agreement FY 2002 HC Grants agreements shall contain such terms as required by this Agreement, any terms to carry out the purposes of this Agreement, and any additional terms consistent with this Agreement as the Grantee deems proper. The subgrant agreement must clearly delineate the mutual responsibilities for program management, including appropriate time frames for reporting results to HUD. State, local, or federally recognized Indian tribal governments shall also include in their subgrants those clauses required by 24 CFR 85.37. Grantee shall include the following certifications in each subgrant agreement. (A) Restriction on Multiple SuperNOFA Grants. Each subgrant agreement shall include a certification by the subgrantee that it has not applied for or received, and will not in the future apply for or receive, any other grant funded by fiscal year 2002 housing counseling SuperNOFA competitive funds. (B) Debarment and suspension. Each subgrant agreement shall include without modification the clause in the HUD-2992 entitled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tiered Covered Transactions" in all solicitations and agreements for lower tiered covered transactions, including but not limited to a subgrant agreement between Grantee and an affiliate. (C) Lobbying. Grantee shall include without modification the certification language in the HUD-50071 in all sullgrant agreements. C. Documentation of Funding Decisions. As required by section 102(a) of the HUD Reform Act of 1989 (42 U.S.C. § 3545(a)) and 24 CFR 4.5(b), Grantee shall comply with the following requirements where HUD awarded this Agreement to Grantee through a competition such as the SuperNOFA and Grantee makes the grant funds available on a competitive basis to subgrantees. 1. Grantee shall ensure that it creates sufficient documentation regarding each application to indicate the basis upon which assistance was provided or denied; and 2. Subject to the requirements of state and local law, Grantee shall make the material required by subparagraph C.1 of this Article available for public inspection for at least five (5) years beginning no later than thirty (30) calendar days after Crantee executes the subgrant agreement. D. Notice of Funding Decisions. As required by section 102(a)(4)(C)(i) of the HUD Reform Act of 1989 (42 U.S.C. § 3545(a)(4)(C)(i)), a Grantee that is a state or unit of general local government shall notify the public at least every six (6) months of subgrants under this Agreement where HUD awarded this Agreement to Grantee through a competition such as the SuperNOFA and Grantee makes this assistance available on a competitive basis to subgrantees. The notification shall contain the elements required by 42 U.S.C. § D - 8 Grant Agreement FY 2002 HC Grants 3545(a)(4)(C)(i). This notification may be by any method conducive to providing information to the public. E. Subgrant Applicant Disclosures. As required by section 102(b) of the HUD Reform Act of 1989 (42 U.S.C. § 3545(b)), a Grantee that is a State or unit of general local government shall not execute any subgrant agreement until the subgrantee makes the disclosures required by this section of the HUD Reform Act of 1989. 1. Disclosure Reports. A Grantee that is a state or unit of general local government shall ensure that subgrantees that submit applications to receive assistance and receive, or can reasonably be expected to receive, an aggregate amount of assistance in excess of $200,000 during the Federal fiscal year in which the subgrant application is submitted, disclose at the time of application other government assistance to be used with respect to the activities to be carried out • with the assistance, the name and pecuniary interest of any person with a pecuniary interest in the activities for which assistance is sought, and the expected sources and uses of funds that are to be made available for the activities. 2. Updates to Disclosure Reports. As required by 42 U.S.C. § 3545(b) and 24 CFR 4.11, subgrantees shall update their Disclosure Reports to reflect substantial changes in their disclosures. The period during which these updates are required begins when the application is submitted and ends when the applicant discharges all obligations under the terms of the assistance. 3. Access to Reports. Subject to the requirements of state and local law, Grantee shall make all Disclosure Reports available for public inspection for five (5) years in the case of applications for competitive assistance and for three (3) years in the case of other applications. Update Reports shall be available along with the Disclosure Reports, but in no case for a period of less than three (3) years. F. Limitation on Consultant Payments. As required by HUD's Appropriations Act, no person-providing consultant services in an employer-employee type of relationship shall receive more than a reasonable rate of compensation for services paid with grant funds and such compensation shall not exceed the daily equivalent of the rate paid to level IV of the Executive Schedule for Federal Employees. Consultant services provided under an independent contractor relationship are not subject to the foregoing limitations and are governed by the applicable procurement requirements in 24 CFR 84.40 through .84.48, 84.84 or 85.36. ARTICLE VI-- ADMINISTRATIVE REQUIREMENTS A. An agreement with a non-profit organization, institution of higher education, or hospital shall be subject to the following administrative requirements as they may be amended: 1. 24 CFR Part 84, Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non-Profit Organizations, as applicable; and D - 9 Grant Agreement FY 2002 HC Grants 2. OMB Circular A-110, Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations, (Revised November 19, 1993, as further amended September-30, 1999). B. An agreement with a state, local or federally recognized Indian tribal government shall be subject to the following administrative requirements as they may be amended: 1. 24 CFR Part 85, Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments; and 2. OMB Circular A-102, Grants and Cooperative Agreements with State and Local Governments, (Revised October 7, 1994, as further amended August 29, 1997). C. Mergers, acquisitions, or other changes in form must be reported to the GTR and receive HUD's prior written approval. ARTICLE VII-- INSPECTION AND ACCEPTANCE Inspection, review, correction, and acceptance of all Official 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, except for services and deliverable provided by subgrantees to the Grantee. Grantee shall inspect and accept the services and deliverables provided to it by its subgrantees. 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 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 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. 4 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 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 D- 10 Grant Agreement FY 2002 HC Grants (11) of the attached HUD-1044. All grants and subgrants funded by Fiscal Year 2002 SuperNOFA competitive housing counseling funds shall be made on a cost reimbursement basis. C. Prior Approval Required for Revisions to Budget and Program Plans. Grantee shall report and request prior HUD approval for deviations from budget and program plans in accordance with the applicable regulations in 24 CFR 84.25, 84.82, or 85.30. D. Cost Reimbursement Grants. Unless otherwise specified, this paragraph only applies to an Agreement made on a cost reimbursement basis. Grantee shall comply with the applicable regulations in 24 CFR Part 84 subparts A through D or 24 CFR Part 85. Grantee shall ensure that all subgrantees comply with the provisions of this paragraph. 1. Allowable Costs. HUD shall pay Grantee, up to the Maximum Grant Amount, for Allowable Costs. Allowable Costs are costs incurred in the performance of this Agreement that are determined by HUD to be allowable, allocable, and reasonable in accordance with the: (A) provisions of this Agreement, and (B) applicable federal cost principles as outlined in OMB Circular A-122 Cost Principles for Non-Profit Organizations, (Dated June 1, 1998), OMB Circular A-87 Cost Principles for State, Local and Indian Tribal Governments, (Dated May 4, 1995, further amended August 29, 1997), or OMB Circular A-21 Cost Principles for Educational Institutions (Dated August, 8, 2000). If these circulars are revised during the period of performance of this Agreement the most recent revision shall apply. 2. Indirect Cost Rates. The allowable indirect cost rate is stipulated in block sixteen (16) of the attached HUD-1044 or a separate written agreement with Grantee. This separate written agreement is hereby incorporated into this agreement. Adjustments may be made from a provisional rate to the final rate provided that -(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 within ninety (90) calendar days of the expiration or termination of the grant and the adjustment is made within this same time period. 3. Period of Availability of Funds. Grantee may charge to the grant only Allowable Costs resulting from obligations incurred during the Period of Performante. (A) Pre-award Costs. A Grantee awarded a grant under the SuperNOFA may incur pre-award costs ninety (90) calendar days prior to the beginning of the Period of Performance. Since all pre-award costs are incurred at Grantee's risk, HUD has no obligation to reimburse such costs if Grantee's award is inadequate to cover such costs. A Grantee with a grant that is not awarded under the SuperNOFA shall not incur pre-award costs unless HUD authorizes such costs in writing. D - 11 Grant Agreement FY 2002 HC Grants 4. Profits. No fee, profit, or other increment above allowable costs shall be paid to Grantee or any subgrantee. E. Lump Sum Grants,. This paragraph only applies to an Agreement made on a lump sum basis. Grantee shall be paid the Maximum Grant Amount, regardless of Grantee's actual incurred costs, for completing certain defined events or the achievement of some other well-defined milestones, as described in the Supplemental Statement of Work. Grantee shall bear the burden of all costs above the Maximum Grant Amount. Grantee shall comply with the applicable regulations in 24 CFR Part 84 subpart E. F. Grantees with Multiple Sources of Funding. Grantee shall not be reimbursed by HUD under this Agreement for services that are directly or indirectly reimbursed from any other source. Grantee shall include in its vouchers under this Agreement only those counseling services fOr 'which the Grantee does not receive reimbursement from any other funding source. A Grantee that receives multiple sources of funding for its housing counseling program must separate its program activities and designate the activities to be funded by each funding source. For example, a Grantee that receives CDBG 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. G. 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. H. _aestrictions on Use of the Grant Award. The funds awarded under this Agreement shall be used in accordance with this Agreement, the Grantee's grant application as approved by HUD, and as may be further restricted in block sixteen (16) of the attached HUD- 1044. Such restrictions may include, but are not limited to, the special award conditions described in 24 CFR 84.14 and 85.12. ARTICLE X -- PAYMENT REQUESTS A. General Payment Procedures. The forms referred to in this paragraph are available from HUD's website at www.hudclips.org under the forms section and, upon request, from HUD by contacting the GTR. The SF-1199A 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, the Cash Management Reporting Division, Room 3118, at Headquarters. 2. All vouchers for grant payments must be submitted to HUD on the HUD-27053, LOCCSNRS Request Voucher for Grant Payment, utilizing the Voice Response System/Line of Credit Control System (VRS/LOCCS). A record of each payment D - 12 Grant Agreement FY 2002 HC Grants request must be maintained in Grantee's files and be available for review by HUD upon request. 3. Each individual in Grantee's organization who will be authorized to access VRS/LOCCS to request funds under this Agreement must request access authorization from HUD by submitting a HUD-27054, LOCCS Voice Response Access Authorization. A new HUD-27054 is not required for any individual who currently has access to VRS/LOCCS for prior year grant funds for the same Grantee. 4. It is Grantee's responsibility to immediately notify the LOCCS Security Office at HUD when any individual with current access to VRS/LOCCS is no longer employed by the Grantee and/or should be denied access to grant funds for any reason. The LOCCS Security Office may be reached at (202) 708-0764 or toll free at (877) 705-7504. The GTR/GTM must be notified of the Grantee's actions. 5. The GTR may provide additional instructions on accessing and using the VRS/LOCCS. B. Payment Procedures for Cost Reimbursement Grants. Grantee shall comply with the applicable payment procedures in 24 CFR 84.21 through 84.22 and 85.20 through 85.21. These payment procedures include, but are not limited to, the following. 1. Conditions for Advance Payments. A Grantee subject to 24 CFR Part 84 shall be paid in advance provided that it satisfies the conditions in section 84.22(b). A Grantee subject to 24 CFR Part 85 shall be paid in advance provided that it satisfies the conditions in section 85.21(c). These conditions include, but are not limited to, the following. (A) Written Procedures for the Disbursement of Funds. As required by 24 CFR 84.22(b)(1) or 85.20(c), Grantee shall maintain and follow written procedures that minimize the time elapsing between the transfe‘r of funds by HUD and the disbursement of these funds by the Grantee or subgrantee. (B) Timing and Amount of Payment Requests. There is no minimum or maximum number of payment requests. As required by OMB Circular A- 110 and 24 CFR 84.22(b)(2) and 85.20(b)(7), Grantee shall only draw down that amount of cash necessary to meet its actual, immediate icash 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. Grantee's payments to subgrantees shall substantially match these standards. (C) Interest Bearing Accounts. Grantee shall maintain advances of Federal funds in interest bearing accounts unless one of the exceptions in 24 CFR 84.22(k) or 85.21(i), as applicable, exists. D - 13 Grant Agreement FY 2002 HC Grants 2. 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 regulation-§ in 24 CFR 84.21 or 24 CFR 85.20 C. Payment Procedures for Lump-Sum Grants. Grantee shall comply with the applicable payment procedures in 24 CFR 84.82 and 84.85. Note: If Grantee will be paid on a lump-sum basis, HUD will prescribe under this paragraph the timing of payments and the reporting requirements. D. Overdue Reports. No payment requests shall be approved for an Agreement with an overdue report until the report has been submitted by the Grantee and approved by HUD. ARTICLE XI-- REPORTING A. Mid-Term Performance Report - Local Grantee. A grant mid-term report is due on March 31, 2003. 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. Number of clients served by the type of counseling performed (e.g., prepurchase counseling, 310; default counseling, 400; HECM counseling, 200) 3. Start and end dates of the report period. 4. Signature and title of person authorized to sign the report. 4. In addition to the above information, a narrative report of NOT MORE THAN two single-spaced letter-sized typewritten pages. Include such items 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, and recommendations to HUD. B. 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 five (5) typewritten single-spaced letter-sized pages. This report is due to the GTR or GTM no later than ninety (90) calendar days after the expiration or termination of the grant. The GTR/GTM will process the final voucher only upon receipt of an accotable report. Part of the final report is Form HUD-9902 which covers the entire grant period and is to be forwarded to the GTR. C. Mid-Term and Final Report-Intermediaries and State Housing Finance Agencies (Who May Operate As An Intermediary) These organizations shall receive a mid-term and final report from each affiliate as described under paragraphs A and B of this Article and below as C.1 and C.2 and forward same to the GTR/GTM. D - 14 Grant Agreement FY 2002 HC Grants 1. The mid-term performance report shall consist of a narrative report of not more than two (2) single-spaced letter sized typewritten pages. The Grantee shall collect items under A.1 through A.5 from each affiliate, retain the information for audit, andTorward a copy to the GTR/GTM. 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 A.1 through A.5 from each affiliate, and forward a copy to the GTR/GTM. D. COLONIAS REPORTING Local and intermediary organizations and SHFAs that provide services to colonias communities within the scope of their grant agreement shall separately provide information on colonias-related the housing counseling activities at the time that the mid- term performance and final reports are due, and shall provide the information set forth in items under A.1 through A.5, B, and C.1 and C.2. E. Fiscal Year Activity Report - form HUD-9902 All Grantees shall submit folin HUD-9902 covering the period October 1, 2002 through September 30, 2003 for their housing counseling activities under the grant and outside the grant. The report is due by November 30, 2002 and is to be sent to HUD via the interne. For those Grantees who are unable to use the internet, they shall contact their GTR or GTM. ARTICLE XII -- CONFLICTS OF INTEREST A. General Requirements. Grantee, and its subgrantees where applicable, shall comply with the conflict of interest requirements in 24 CFR Parts 84 and 85. B. HUD Reform Disclosures. Grantee shall comply with the disclosure requirenients of section 102(b) of the HUD Reform Act of 1989 (42 U.S.C. § 3545(b)) and its implementing regulations at 24 CFR Part 4, HUD Reform Act. To initially satisfy this - • requirement, Grantee shall complete the HUD-2880, Applicant/Recipient Disclosure Update Report, and this completed form is hereby incorporated into this Agreement. Grantee shall update the HUD-2880 as required by the HUD Reform Act of 1989. and ARTICLE XIII -- SECURITY OF CONFIDENTIAL INFORMATION Grantee and subgrantees shall keep under lock and key all information regarding counseling of clients, whether such information is generated by the agency 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. Grantee and subgrantees shall not disclose such information to anyone other than HUD or, with the consent of the client, the client's mortgagee. 24 CFR 4.11. D - 15 Grant Agreement FY 2002 HC Grants ARTICLE XIV -- DEFAULTS AND REMEDIES A. Special Conditions. HUD may impose additional requirements, or special conditions, on a Grantee subject to 24 CFR Part 84 who demonstrates the characteristics or behavior specified in 24 CFR 84.14. 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 terns and conditions of this Agreement, whether stated in a Federal statute, regulation, SuperNOFA, handbook, assurance, 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, or (4) any misrepresentation in the application submissions which, if known by HUD, would have resulted in this Agreement not being awarded. C. Notice of Default. If any Event of Default occurs, the Grant Officer shall give Grantee written notice of the occurrence of the Event of Default and a reasonable opportunity to take corrective action. The notice shall identify (1) the Event of Default, (2) the required corrective action by Grantee, (3) the date by which the corrective action must be taken, and (4) the consequences for failing to take corrective action. D. Remedies. If Grantee fails to achieve compliance within the period specified in the Notice of Default, HUD may take one or more of the following actions: convert payment from an advance to a reimbursement method, recover misspent funds, suspend the award, terminate the award for cause, or take other remedies' that may be legally available. The applicable regulations at 24 CFR 84.60 through 84.62, 84.86, and 85.43 through 85.44 —discuss some of these available remedies. ARTICLE XV -- AMENDMENTS This Agreement may be amended at any time by a written amendment. Grantee shall submit requests for amendments to the Grant Officer with a copy of the request to the GTR. Amendments which reflect the rights and obligations of either party shall be executed by both the Grant Officer and the Grantee. Notwithstanding the foregoing, the Grant Officer may unilaterally execute administrative amendments, such as changes in the GTR or appropriation data, or amendments that result from signed requests from the Grantee where the Department adopts the requested amendment without any changes. GTRs and GTMs are not authorized to 4 amend any provision of the grant agreement. ARTICLE XVI -- RECORDKEEPING AND AUDITING A. Recordkeeping Requirements. Grantee shall comply with the requirements for record retention and access to records specified in the applicable regulations in 24 CFR 84.53, 84.85, or 85.42. Notwithstanding the record retention periods specified in 24 CFR Parts 84 or 85, the HUD Reform Act, as specified in paragraphs C and E of Article V, may require Grantee to retain certain records for a longer period. Grantee may also be subject D - 16 Grant Agreement FY 2002 HC Grants 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 Recordkeeping System. Any recordkeeping system may be used provided that the system chosen by the Grantee lends itself to easy monitoring by HUD when it conducts a performance review of the Grantee's housing counseling activities. Notwithstanding the foregoing, if HUD provides the Grantee with a recordkeeping software program, the Grantee must implement this program. C. Maintenance of Client Files. Client files (including files on group clients) must be maintained in accordance with Handbook 7610.1. Each client must be assigned an identification number to be used for reporting on counseling activities to HUD. ARTICLE XVII -- 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. SHFAs and LHCA shall submit their appeal to the HUD Homeownership Center with jurisdiction. Intermediaries shall submit their appeal to the Program Support Division at Headquarters. ARTICLE XVIII -- AUDIT REQUIREMENTS Grantee shall comply with the audit requirements of the Single Audit Act (31 U.S.C. §§ 750 1- 07) and OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations (Revised June 24, 1997), as they may be amended from time to time. The requirements of the Single Audit Act and OMB Circular A-133 supersede the requirement in HUD Handbook 7610.1, REV-4, CHG-1, dated October 27, 1997, paragraph 5-1.G, for an audit every two years. ARTICLE XIX DEBARMENT AND SUSPENSION Grantee and its subgrantees shall comply with the prohibitions in 24 CFR Part 24, Government Debarment and Suspension and Governmentwide Requirements for Drug-Free Workplaie (Grants). The HUD-2992, Certification Regarding Debarment and Suspension, is hereby incorporated into this Agreement. ARTICLE XX -- DRUG-FREE WORK PLACE REQUIREMENTS Consistent with the Drug-Free Workplace Act of 1988 (41 U.S.C. §§701-07) and HUD's regulations at 24 CFR Part 24, Subpart F, as a precondition to receiving this grant, Grantee shall certify using the HUD-50070, Certification for a Drug-Free Workplace, that it will provide a drug-free workplace. The HUD-50070 is hereby incorporated into this Agreement. Grantee D - 17 Grant Agreement FY 2002 HC Grants AO shall comply with the requirements of the Drug-Free Workplace Act and 24 CFR Part 24, Subpart F, as they may be amended from time to time. ARTICLE XXI -- LOBBYING RESTRICTIONS A. General Restrictions. Consistent with the Byrd Amendment (31 U.S.C. §1352) and HUD's implementing regulations at 24 CFR Part 87, neither the Grantee nor its subgrantees shall use these grant funds to attempt to influence Federal Executive or Legislative officers or employees in connection with obtaining this grant, or with its extension, continuation, renewal, amendment, or modification. B. Certifications. As a precondition to receiving grant funds exceeding $100,000, a Grantee, or subgrantee, shall certify using the HUD-50071, Certification of Payments to Influence Federal Transactions, that it will comply with 24 CFR Part 87. A Grantee shall submit its certification to the GTR and a subgrantee shall submit its certification to the next tier above. The HUD-50071 is hereby incorporated into this Agreement. C. Disclosures. As required by 24 CFR 87.110, a Grantee, or subgrantee, 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 nonappropriated funds which would be prohibited under 24 CFR 87.100(a) if paid for with appropriated funds. These disclosures shall be updated as required by 87.110(c). A subgrantee shall submit its disclosures to the next tier above. Grantee shall submit its disclosures and the disclosures by its subgrantees 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 -- NONDISCRIMINATION REQUIREMENTS A. General. Notwithstanding the permissibility of applications that serve target areas or populations, Grantee shall comply with these requirements for nondiscrimination on the basis of race, color, religion, sex, national origin, age, familial status, and disability. The Standard Form 424B, Assurances for Non-Construction Programs, is hereby incorporated into this Agreement. B. Nondiscrimination Requirements. Grantee shall comply with the following requirements as they may be amended from time to time. 1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d-2000d-4) and implementing regulations at 24 CFR Part 1, Nondiscrimination in Federally Assisted Programs of the Department of Housing and Urban Development - Effectuation of Title VI of the Civil Rights Act of 1964; D - 18 Grant Agreement FY 2002 HC Grants 2. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681- 88) and implementing regulations at 24 CFR Part 3, Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance; 3. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794) and implementing regulations at 24 CFR Part 8, Nondiscrimination Based on Handicap in Federally Assisted Programs and Activities of the Department of Housing and Urban Development; 4. The Fair Housing Act (42 U.S.C. §§ 3601-19) and implementing regulations at 24 CFR Part 100, Discriminatory Conduct Under the Fair Housing Act; 5. Executive Order. 11063, as amended by Executive Order 12259, and implementing regulations at 24 CFR Part 107, Nondiscrimination and Equal Opportunity in Housing Under Executive Order 11063; and 6. Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07) and implementing regulations at 24 CFR Part 146, Nondiscrimination on the Basis of Age in HUD Programs or Activities Receiving Federal Financial Assistance. C. Requirements Applicable to Religious Organizations. Where Grantee is, or Grantee proposes to make subgrants to, a primarily religious organization, or a wholly secular organization established by a primarily religious organization, to provide, manage, or operate a housing counseling program, Grantee and its subgrantees must undertake their responsibilities in accordance with the following principles: 1. Grantee and its subgrantees shall not discriminate on behalf of or against any segment of the population in the provision of services or in outreach, including those of other religious affiliations. 2. Grantee and its subgrantees shall not provide religious instruction or religious counseling, conduct religious services or worship, engage in religious proklytizing, or exert religious influence in the provision of assistance under their housing counseling program. 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; 3. The SuperNOFA; 4. HUD Handbook 7610.1; and 5. This Agreement. D - 19 Grant Agreement FY 2002 HC Grants I. 4 B. American-made Equipment & Products. As required by HUD's Appropriations Act, to the greatest extent practicable, all equipment and products purchased with grants funds should be American-made. C. No waiver. No delay or omission by HUD to exercise any right or remedy available to it under this Agreement or applicable law or to insist upon strict compliance by the Grantee with its obligations thereunder shall impair any such right or remedy or constitute a waiver of HUD's right to demand exact compliance with the terms of this Agreement. D. Applicable Law. This Agreement shall be construed, and the rights and obligations of the parties determined, in accordance with Federal law. E. Relationship of the Parties. Neither of the parties is an agent of the other party and neither party has the authority to represent or bind the other party to anyone else as to any matter. F. Survival. Any provisions of this Agreement that expressly or by their operation should reasonably continue to apply to a party after the termination or suspension (in whole or in part) of this Agreement shall continue in full force and effect for such time as is necessary to fully carry out the intent of such provisions. The applicable regulations at 24 CFR 84.72, 84.87, and 85.51 describe Grantee's continuing responsibilities after the closeout of this grant. D - 20 Grant Agreement FY 2002 HC Grants INDIRECT COST RATE DOCUMENTATION Your agency is required to submit this form. The cost rate must be documented by using one of the following methods. (1) Your agency's authorized representative must complete this form by stating the agency's indirect cost rate, the agency name, and the applicable housing counseling grant number. The authorized representative must sign and date this form and provide his/her telephone number. A copy of the agency's most recent audit must accompany this form for indirect cost rates provided by this method. (2) In lieu of submitting the most recent audit you may provide the indirect cost rate on this form by certification from an Independent Public Accountant. The Independent Public Accountant must sign wid date this form, and must provide his/her telephone number. If your agency does not have an established indirect cost rate, you are required to develop and submit an indirect cost proposal to HUD. Funds will not be awarded until HUD has made a determination as to the acceptability of your indirect cot rate. STATE INDIRECT COST RATE HERE: Agency Name: OAKLAND COUNTY MICHIGAN Grant Number: Certified by: Name: NI a ri Title: Ciin, )5> c„.„( Signature:( Date: I /0 2-- / Phone Number:e:3.N 2S 0 c,sç HC 02-0398-047 COAKU L. BROOKS PATTERSON, OAKLAND COUNTY EXECUTIVE I =.). nlinimmm 11111111•11111. 411. I declare that the foregoing is true and correct Signature: Name of Official: Title: Date: Laurie M. Van Pelt Director, Department of Management & Budget 07/0 - Oakland County, Michigan COUNTY MICHIGAN DEPARTMENT OF MANAGEMENT AND BUDGET Laurie Van Pelt, Director Edwin J. Poisson, Deputy Director OAKLAND COUNTY, MICHIGAN COUNTY-WIDE COST ALLOCATION PLAN Certification by the Responsible County Official This is td certify that I have reviewed the cost ailocation plan submitte.d herewith and to the best of my knowledge and belief: 1.) All costs included in this proposal for the year ended September 30, 2001 to establish cost allocations or billings for the fiscal year beginning October 1, 2002, are allowable in accordance with the requirements of OMB Circular A-87, "Cost Principles for State and Local Governments," and the Federal award(s),to which.. they .apply. Unallowable costs have been adjusted for in allocating costs as indicated in the:mist allocation plan. 2.) All cOsts included in this proposal are properly allocable to Federal awards on the basis of a beneficial or causal relationship between the expenses incurred and the awards to which they are allocated in accordance with applicable requirements. Further, the same costs that have been treated, as indirect costs have not been claimed as direct costs. Similar types of costs have been accounted for consistently. EXECUTIVE OFFICE BUILDING 34 EAST • 1200 N TELEGRAPH RD DEPT 409 • PONTIAC MI 48341-0409 • (248) 858-2163 • FAX (248) 858-9172 Exhibit C-1 Oakland County, Michigan Indirect Cost Overhead Rates Based on Year Ended September 30, 2001 For Use in Fiscal Year Beginning October 1, 2002 Less (Base) FY 2001 Actual Roll Proposed Proposed Direct Fixed Gross Roll- Net Indirect Forward Costs Rate Non-Billed Departments Fund Wages Rate Recoveries Forward Recoveries Costs FY 2003 FY 2003 FY 2003 Equalization 101 4,147,803 0.00% 0 0 514,989 0 514,989 12.42% Human Svc - Admin 101 131,528 0.00% 0 0 51,725 0 51,725 39.33% Human Svc - Medical Exam 101 1,502,150 0.00% 0 0 397,051 0 397,051 26.43% Public Svc - Admin 101 107,219 0.00% 0 0 9,004 0 9,004 8.40% , Public Svc - Vets Svcs 101 908,045 0.00% 0 0 116,381 0 116,381 12.82% Public Svc - Community Corre 101 1,396,209 0.00% 0 0 159,934 0 159,934 11.45% Public Svc - MSU Ext. 101 528,211 0.00% 0 0 95,588 0 95,588 18.10%, Public Svc-Animal Control 101 917,304 , 0.00% . 0 0 172,788 0 172,788 18.84% Public Svc-CC Probation 101 N/A 0.00% 0 0 174,266 0 174,266 N/A C&ED - Admin 101 315,228 0.00% 0 0 26,056 0 26,056 8.27% C&ED - Dev & Planning 101 1,807,126 0.00% 0 0 305,285 0 305,285 16.89% C&ED - Community Develop 101 N/A 0.00% 0 0 1,263 0 1,263 N/A Workforce Development 101 N/A 0.00% 0 0 4,341 0 4,341 N/A Clerk 101 3,952,029 0.00% 0 0 1,512,447 0 1,512,447 38.27% District Court 101 5,982,841 0.00% 0 0 597,214 0 597,214 9.98% Probate Court 101 2,261,499 0.00% 0 0 357,750 0 357,750 15.82% Family Court 101 12,439,197 0.00% 0 0 1,744,814 0 1,744,814 14.03% Prosecuting Attorney 101 8,114,535 0.00% 0 0 939,704 0 939,704 11.58% Sheriff 101 44,964,587 0.00% 0 0 3,687,550 0 3,687,550 8.20% Board of Commissioners 101 1,157,455 0.00% 0 162,308 0 162,308 14.02% Library 101 526,006 0.00% 0 0 247,582 0 247,582 47.07% Drain Commission 101 0.00% 0 0 295,744 0 295,744 18.12% Road Commissioner 210 N/A 0.00% 0 0 86,122 0 86,122 N/A Road Comm Special Assess 211 N/A 0.00% 0 0 126,983 0 126,983 N/A _ Mental Health 222 N/A 0.00% 0 0 137,778 0 137,778 N/A Oakland Enhance 230 161,839 0.00% 0 .0 17,528 0 17,528 10.83% Drain Commissioner (SRF) Multi 763,125 0.00%, 0 0 211,169 0 211,169 27.67% Restricted Funds 256_ N/A 0.00% 0 0 4,500 0 4,500 N/A 1. 2. 3. 4. 5. 6. 7. 11 • FISCAL NOTE (MISC. #02325) December 12, 2002 BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON IN RE: DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT - COMMUNITY AND HOME IMPROVEMENT DIVISION - FY 2002 HOUSING COUNSELING GRANT ACCEPTANCE TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: The U.S. Department of Housing and Urban Development has awarded federal FY 2002 Housing Counseling Grant funding in the amount of $20,281 to the Community & Home Improvement Division. The grant will supplement Community Development Block Grant funds allocated to deliver housing counseling services in accordance with Federal Comprehensive Housing Counseling Program guidelines. This is the eighth (8 °) year of the grant. The funding period is from October 1, 2002 through September 30, 2003. The award is $4,719 less than the application amount of $25,000 and $6,739 more than the FY 2001 award of $13,542. No County match is required for this grant continuation. An amendment to the Community and Home Improvement Division's FY 2003 Special Revenue Fund Budget is recommended as follows: Revenue 19-702400-60006-0113 Grants - Federal $20,281 Expenditure 19-702401-60006-2001 Salaries 20,281 $ -0- FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Taub and Melton absent. L. Brooks P ison. County Executive G. William Caddell, County Clerk I,. Resolution #02325 December 12, 2002 Moved by Palmer supported by Sever the resolution be adopted. AYES: Law, McPherson, Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Webster, Appel, Brian, Buckley, Causey-Mitchell, Crawford, Dingeldey, Douglas, Gallow y, Gregory. (21) NAYS: None. (0) A sufficient majOrity having voted therefore, the resolution was adopted. 17:-0717,47470-------;;;;;;;:a77.1yElyE 1 Date STATE OF MIC COUNTY OF 0, I, G. William Cai and accurate December 12, 2 11GAN) nKLAND) dell, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true Dpy of a resolution adopted by the Oakland County Board of Commissioners on 102, with the original record thereof now remaining in my office. In Testimony W Pontiac, Michiga ereof, I have hereunto set my hand and affixed the seal of,4he County of Oakland at this 12th day of December, 2002.