HomeMy WebLinkAboutResolutions - 2004.12.09 - 27457December 9, 2004
MISCELLANEOUS RESOLUTION 104359
BY: PLANNING AND BUILDING COMMITTEE, CHARLES E. PALMER, CHAIRPERSON
IN RE: DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT - COMMUNITY AND
HOME IMPROVEMENT DIVISION — FY 2004 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 $38,324.00 for the 2004 federal fiscal year; and
WHEREAS this is the 10th year of the grant; and
WHEREAS the grant award of S38,324.00 represents a 39.17% variance from the application of
$63,000, and a decrease of $512 from last year's award of S38,836,00; 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 2004 Housing Counseling Grant in the amount of $38,324.00.
BE IT FURTHER RESOLVED that future level of service. including personnel, will be
contingent upon the level of funding available for this program.
BE IT FURTHER RESOLVED that the contract includes an Addendum approved by the U.S.
Department of Housing and Urban Development (HUD), which amends:
Article XIII of the grant to state the Grantee will not disclose counseling information unless
otherwise provided by the applicable statute or court order. Social Security Numbers are exempt from
disclosure under the Michigan Freedom of Information Act. MCL I5.244(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 non exempt material.
Article XVII to state the Grantee may terminate this Agreement if the Grantee cannot comply with
the written or oral instructions or amendments of the GTR provided for in Articles VII and XV or written
decision of the GTR provided for in Article XVII.
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.
PLANNIN(9)AND BUILDING COMMITTEE
Planning & Building Committee Vote:
Motion carried on unanimous roll call vote with Coleman absent
CONTRACT REVIEW—Community and Home Improvement Division
GRANT NAME: 2004 Housing Counseling Grant
FUNDING AGENCY: US Department of Housing and Urban Development
DEPARTMENT CONTACT PERSON: Karry L. Rieth / 85403
STATUS: Acceptance
DATE: 11/24/2004
Pursuant to Misc. Resolution #01320, please be advised the captioned grant materials
have completed internal contract review. Below are the comments returned by reviewing
departments.
Please note the comments from Corporation Counsel. 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.
Department of Management and Budget:
Approved.— Laurie Van Pelt (11/9/2004)
Department of Human Resources:
Approved. — Ed Poisson (11/12/2004)
Risk Management and Safety:
Approved. - Gerald Mathews (11/9/2004)
Corporation Counsel:
Approved with the following amendment as approved by HUD. The addendum needs to
be attached to the Grant agreement and referenced in the resolution:
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 order. 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.
Articles XVII of the Grant are amended as follows: Grantee may terminate this
Agreement if the Grantee cannot comply with the written or oral instructions or
amendments of the GTR provided for in Articles VII and XV or the written decision of
the GTR provided for in Article XVII.
— Joellen Shortley (11/29/2004)
U.S. Department of Housing and Urban Development
g:=
NOV 0 3 2004
ACT 2 8 2004
Homeownership Center
The Wanamaker Building
100 Penn Square East
Philadelphia, Pennsylvania 19107-3389
L. B Patterson
OAKLAND COUNTY HOUSING COUNSELING
1200 N Telegraph Road
Pontiac, MI 48341-0435
DUNS# 13 - 6 2 0 - 0 3 6 2
Dear L. B Patterson:
I am pleased to inform you that OAKLAND COUNTY HOUSING COUNSELING has
been conditionally awarded a grant in the amount of $38,324 to conduct a housing counseling
program on behalf of the Department of Housing and Urban Development in accordance the
Housing Counseling Notice of Funding Availability (NOFA) published in the Federal Register
dated May 14, 2004, and with the work plan submitted in your application. Funds will be
obligated and made available upon execution of the grant agreement and the timely submission
of all the documents and information requested in this letter. Please note that funds are subject to
the availability of appropriations.
Funds for this grant shall be used as follows:
$ 38,324 for Comprehensive Counseling
$ for Predatory Lending Counseling
$ for Homeownership Voucher Counseling
If you applied for special purpose supplemental funding, and no award is listed above, the
application either did not receive a score of 75 points, which was the minimum required for
funding, or was not among the top scoring applications in an applicant category for which a
limited number of awards were available.
Enclosed you will find three copies of the Grant Agreement and three copies of Fonii
HUD-1044, Assistance Award/Amendment, for each category of funding approved under
HUD's Fiscal Year (FY) 2004 Housing Counseling Grant Program. There could be from one to
four 1044s attached to the Grant Agreement. Please sign all copies, retain one complete set for
your records, and return two copies to the person listed below.
Exhibit A of the Grant Agreement must contain the final list of Branches, Affiliates or
Sub-grantees that will carry out activities specified in the Grant Agreement. Therefore, please
attach a list of all such organizations with which your organization intends to establish
subanteements for use of HUD funds. This list may be changed only with I-113D's prior
approval.
www.hud.gov espanol.hud.gov
Once all information has been reviewed and approved by my staff, we will send a
countersigned grant agreement, process the award and establish an account for your organization.
Information about procedures for submitting an initial voucher can be found in Handbook 7610.1
Rev-4, Appendix 14-D.
If you have any questions or concerns, please contact Robert Wright at (215) 656-0516
extension 3406.
We look forward to a productive partnership with your organization in helping to expand
affordable housing opportunities.
Sincerely,
Adam C. Deveney
Acting Director
Program Support Division
Enclosures
Assistance Award/Amendment U.S. Department of Housing
and Urban Development
Office of Administration
1. Assistance Instrument 2. Type of Action
{-7, Cooperative Agreement Grant X Award Amendment
3. Instrument Number 4. Amendment Nurnoer 5. Effective Date of this Action 6. Control Number
HC04-0398-055 1 October 2004
7. Name and Address of Recipient B. HUD Administering Office
OAKLAND COUNTY HOUSING COUNSELING
1200 N Telegraph Road - Bldg 34 E, room 112
Pontiac, MI 48341-0435
TIN NUMBER: 38-6004876 Ba. Name of Administrator Bb. Telepnone Number
Adam C. Deveney (215) 656-0616 x3115
10 Recipient Project Manager 9. HUD Government Technical Representative
L. B Patterson 248-858-5402 Robert Wright
11. Assistance Arrangement 12. Payment Method 13. HUD Payment Office
X Cost Reimbursement LI Treasury Check Reimbursement Fort Worth Acct. Center — ATTN: Comm. Acct. Branch
1: Cost Sharing LI Advance Check 1600 Throckmorton Str. — Fort Worth, TX 76113-2905 fl Fixed Price I Automated Clearinghouse
14. Assistance Amount 15. HUD Accounting and Appropriation Data
Previous HUD Amount $ 15a. Appropriation Number 15b. Reservation number
HUD Amount this action $38,324.00 864/60205 CPH HC-0361 -04-1
Total HUD Amount $38,324.00 Amount Previously Obligated
Recipient Amount $ Obligation by this action $38,324.00
Total Instrument Amount $38,324.00 Total Obligation $38,324.00
16, Description
FY 2004 - HOUSING COUNSELING GRANT VOUCHER UNDER LOCOS BUDGET LINE ITEM 9500.
17. XI Recipient is required to sign and return three (3) copies
of this document to the HUD Administering Office
19. Recipient (By Name)
18. Li Recipient is not required to sign this document.
20. HUD (By Name)
Adam C. Deveney
Signature & Title Date (mmicid/yyyy) Signature & Title Date (mm/dd/yyyy)
Acting Director, Program S PPort
form HUD-1044 (8/90)
ref. Handbook 2210.17
TABLE OF CONTENTS
ARTICLE I GENERAL 1
ARTICLE II DEFINITIONS 1
ARTICLE HI PERIOD OF PERFORMANCE 3
ARTICLE IV STATEMENT OF WORK 4
ARTICLE V SUBCONTRACTS AND SUB-GRANTS 7
ARTICLE VI ADMINISTRATIVE REQUIREMENTS 10
ARTICLE VII INSPECTION AND ACCEPTANCE 11
ARTICLE VIII CONDUCT OF WORK 11
ARTICLE a PRICE 11
ARTICLE X PAYMENT REQUESTS 13
ARTICLE XI REPORTING 14
ARTICLE XII CONFLICTS OF INTEREST 16
ARTICLE XIII SECURITY OF CONFIDENTIAL INFORMATION 17
ARTICLE XIV DEFAULTS AND REMEDIES 17
ARTICLE XV AMENDMENTS 17
ARTICLE XVI RECORDKEEPNG AND AUDITING 18
ARTICLE XVII DISPUTES 18
ARTICLE XVHI AUDIT REQUIREMENTS 18
ARTICLE XIX DEBARMENT AND SUSPENSION 19
ARTICLE XX DRUG-FREE WORK PLACE REQUIREMENTS 19
ARTICLE XXI LOBBYING RESTRICTIONS 19
ARTICLE XXII NONDISCRIMINATION REQUIREMENTS 20
ARTICLE XXIH MISCELLANEOUS
FY 2034 HC Grant 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 Form HUD-1044 (Grantee).
ARTICLE I -- GENERAL
This Agreement is authorized by Section 106 of the Housing and Urban Development Act
of 1968 (12 U.S.C. 1701x) (the Act) and the Departments of Veterans Affairs, Housing and
Urban Development, and Independent Agencies Appropriation Act, 2004. 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:
1. Section 106 of the Housing and Urban Development Act of 1968;
2. The Notice of Funding Availability published in the Federal Register on May 14,
2004; Docket No. FR-4900-N-01 (the SuperNOFA);
3. HUD Handbook 7610.1, REV-4, CHG-1, dated October 27, 1997, Housing
Counseling Program, as amended (HUD Handbook 7610.1);
4. 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;
5. Form HUD-1044, Assistance Award/Amendment; and
6. Grantee's current HUD-approved Housing Counseling Plan.
Grantee agrees to carry out its eligible activities (See page 4) under this Agreement. The
provisions of this Agreement shall apply where applicable, to Intelinediaries and State Housing
Finance Agencies (SFHAs), and their Affiliates or Sub-grantees that will assist with carrying out
this Agreement, and Local Housing Counseling Agencies (LHCAs).
ARTICLE II— DEFINITIONS
A Affiliate means a separately incorporated or organized housing counseling agency that is
connected with a National or Regional Intermediary for the purposes of its housing
counseling programs. Affiliates can be Sub-grantees.
B. Branch or Branch Office means an organizational and subordinate unit of a LHCA,
Intermediary, or SHFA, not separately incorporated or organized. A Branch or Branch
Office must be in good standing under the laws of the state where it proposes to provide
housing counseling services. A Branch or Branch Office cannot be an Affiliate or Sub-
grantee.
C. Client: A person who falls within the definition in either subparagraph C.1. or C.2. of
FY 2004 HC Grant Grant Agreement
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, 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 housing program and the Client faces the possibility of
foreclosure as a homeowner, eviction as a renter, or any other
circumstance that impairs 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 with a HUD-insured or conventional mortgage
or through a federal, state, county, or city program.
Colonias means any identifiable, rural community that is located in Arizona, California,
New Mexico, or Texas; is within 150 miles of the border between the United States of
America and the United Mexican States; and is determined to be a CoIonia on the basis of
objective need criteria, including lack of potable water supply, lack of adequate sewage
systems, and lack of decent. safe, sanitary, and accessible housing.
E. Government Technical Monitor (GTM) means the individual who may be appointed to
assist the Government Technical Representative (GTR). The GTR may delegate duties to
the GTM.
F. Government Technical Representative (GTR) means the individual responsible for
technical and financial oversight and evaluation of the Grantee's performance under this
Agreement. The GTR reviews and monitors the Grantee's work performance, payment
requests, and reports. The GTR is identified in block nine (9) of the attached Form HUD-
1044. The GTR for Local Housing Counseling Agencies, State Housing Finance
Agencies, and local or state agencies serving a Colonias is OD the staff of the HUD
Homeownership Center with jurisdiction over the Grantee. The GTR for National or
Regional Intermediaries, and an Intermediary serving Colonias (one or more Colonias) is
on the staff at HUD Headquarters. A GTR can delegate duties to the GTM.
G. Grant Agreement means this agreement.
H. Grantee means the HUD-approved counseling agency or housing finance agency that
receives housing counseling funds from HUD under this Grant Agreement. In the case of
an Intermediary or State Housing Finance Agency, Grantee includes the Branches or
Branch Offices identified in Grantee's S uperNOFA Application and listed in Exhibit A of this
Agreement, as may be amended pursuant to Aifide V, section (B)(2) of this Agreement
FY 2004 HC Grant 2 Grant Agreement
I. Grant or Grant Funds means the federal funds provided by HUD for the purposes outlined
in this Agreement.
J. Grant Officer means the official authorized by HUD to execute and administer this
Agreement. The Grant Officer is identified in block twenty (20) of the attached form
HUD 1044.
K. Intermediary means an organization that provides housing counseling services through its
Branches or Affiliates or Sub-grantees. As used in this Agreement, the term Intermediary
refers to any of the following entities;
(1) State Housing Finance Agency (SHFA) that provides housing counseling services
through its Branches or Affiliates or Sub-grantees;
(2) National Organization that provides housing counseling services through its
Branches or Affiliates or Sub-grantees in a number of states as determined by
HUD.
(3) Regional Organization that provides housing counseling services through its
Branches or Affiliates or Sub-grantees in a generally recognized region or group
of regions within the United States of America, such as the Southwest, Mid-
Atlantic, New England.
L. Local Housing Counseling Agency (LHCA) means an organization that is not a SHFA or
an Intermediary.
M. State Housing Finance Agency (SHFA) means any public body, or agency, or
instrumentality created by a specific act of a State legislature empowered to finance
activities designed to provide housing and related facilities, through land acquisition,
construction or rehabilitation throughout a State. The telin State includes the several
states, Puerto Rico. the District of Columbia, Guam, Commonwealth of the Northern
Mariana Islands, American Samoa, and the Virgin Islands.
N. Sub-grantee means an organization to which the Grantee awards a sub-grant, and which is
accountable to the Grantee for the use of the funds provided. A Sub-grantee may be
separately incorporated or organized, but connected with Intermediary or SHFA for
purposes of the NOFA. In the case of an intermediary. or SHFA, and listed in Exhibit A
of this Agreement, as may be amended pursuant to Article V, section (B)(2) of this
Agreement.
O. Other pertinent definitions located in HUD Handbook 7610.1, as amended, are applicable
to this Agreement.
ARTICLE III — PERIOD OF PERFORMANCE
A. Period of Performance. The Period of Performance shall begin on October 1, 2004 and
expires at midnight on September 30, 2005.
FY 2004 BC Grant 3 Grant Agreement
B. Extensions. The Grantee does not have the authority to extend 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 requested. This
request must include the reasons, besides simply using any un-obligated balance, why an
extension is necessary and justified, the specific time frame of the proposed extension,
and an explanation of how the funds will be effectively spent within the proposed
extension period. HUD may approve a one-time extension, for good cause, on a case-by-
case basis, however, extentions are not routinely granted. Only the GTR 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 and for the
eligible services as defined in the NOFA and proposed by the Grantee in its Grant
proposal. A Grantee selected through the SuperNOFA, and its Affiliates or Sub-
grantees 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 69 FR 27169 1 : (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. (2) Homebuyer education
programs that are housing related education programs in which educational
materials are used in training sessions for multiple participants, including HUD's
Homebuyer Education and Learning Program (HELP). For a hornebuyer
education program, participants complete eight to twelve course hours. Agencies
that provide education programs in a group-based setting must also offer
individual counseling to compliment group sessions. Client interviews and
individual counseling that compliment a group session, must also be provided in a
private space and a confidential manner. (3) Post-purchase, mortgage default and
rent delinquency counseling that includes counseling on how to: restructure debt,
obtain recertification for rent subsidy, establish reinstatement plans, seek a loan
forbearance, and manage household finances. This counseling must also include
helping victims of predatory lending, educating Clients on renter's and landlord's
rights, explaining the eviction process, 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
Notice of Funding Availability for the Rousing Counseling Program,
69 Fed. Reg. 27169 (14 May 2004).
FY 2004 HC Grant 4 Grant Agreement
programs and counseling activities on property maintenance, personal money
management, and relations with lenders and landlords. (5) BECM counseling that
assists Clients in understanding the options available 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
regarding loan and grant options, the loan or grant application process, or both,
housing codes and enforcement procedures applicable to the intended activity,
how to specify and bid out construction work, executing construction contracts,
and how to manage construction contracts, including actions to address the non-
performance of contractors. (7) Displacement and relocation counseling that
includes helping Clients understand their rights when faced with displacement,
explaining the responsibility of the entity causing displacement, assisting Clients
with understanding eviction proceedings, providing assistance with locating
alternate housing, and referring Clients to homeless service providers. (8)
Marketing and outreach initiatives that include providing general information
about housing opportunities, conducting informational campaigns, and raising
awareness about critical housing topics, such as, predatory lending or fair housing
issues.
2. Scope of Services. A Grantee selected through the SuperNOFA, and its Affiliates
or Sub-grantees where applicable, shall provide such services and activities that
reflect the housing counseling needs identified in its application and housing
counseling plan for its target area. 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. Grantee, and its Affiliates or Sub-grantees
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 the following types of actions:
(i) Provides counseling and advice to the Client.
(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. Client interviews and individual
counseling that compliments a group session must also be provided
in a private space and a confidential manner.
FY 2004 BC Grant 5 Grant Agreement
(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. Client and
counselor must sign and date the plan.
(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) Monitors the Client's progress toward meeting the need or
resolving the problem.
(B) When providing the eligible housing counseling services, Grantee, and its
Affiliates or Sub-grantees where applicable, shall:
(i) Furnish the housing counseling services provided under this
Agreement at no charge to Clients.
(ii) Coordinate with HUD, mortgagees, lenders, and public and private
community organizations that are also working with the Client in
order to provide maximum service to the Client.
(iii) Refer Clients, as appropriate, to other community service
organizations.
(iv) Provide housing counseling services on a priority basis to low and
moderate income Clients.
(v) 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.
(vi) Provide specialized counseling on shared housing or referrals to
organizations providing such counseling and information on
available housing for sharing.
(vii) Provide counseling offices and services that are accessible to
persons with a wide range of disabilities.
(viii) Assist Clients with locating suitable housing within Grantee's or
Affiliate's or Sub-grantee's community, target area, or
metropolitan areas as defined by Grantee.
4. Mandatory Referrals. Grantee and its Affiliates or Sub-grantees where applicable,
shall refer to other community and national resources all individuals who contact
the Grantee or Affiliate/Sub-grantee, for assistance but whom Grantee, or Affiliate
or Sub-grantee, is unable to serve.
FY 2004 HC Grant 6 Grant Agreement
5. Placement on List of Housing Counseling Agencies. Contact information for
Grantee where applicable, shall be maintained on HUD's list of housing
counseling agencies, including separate contact information for each Affiliate or
Sub-grantee or Branch. Grantee, its Affiliates or Sub-grantees agree to serve all
individuals referred to them from this list unless the individual seeks assistance in
an area that Grantee or Affiliate or Sub-grantee, does not have expertise in or
Grantee or Affiliate or Sub-grantee, does not have counseling sessions available
for the time period sought by the individual.
B. Intermediary Functions.
1. Responsibility for Grant Administration. Grantee shall have wide discretion to
implement its housing counseling program with its Affiliates or Sub-grantees and is
responsible for managing the daily operations of its program. The use of Affiliates
or Sub-grantees does not relieve Grantee of its responsibility for complying with
this Agreement and other applicable laws. Grantee agrees to accept responsibility
for its Affiliates'or Sub-grantees' compliance with the applicable provisions of this
Agreement. Grantee shall monitor the performance of its Affiliates or Sub-grantees,
and take appropriate action to resolve problems to ensure compliance with this
Agreement, Sub-grant agreements, and other applicable laws.
2. Sub-grants to Affiliates or Sub-grantees and Allocation of Funds to Branches.
Grantee shall maintain copies of all sub agreements and a written record explaining
how it sub-granted funds to its Affiliates or Sub-grantees. Grantee shall also
maintain a written record of funds allocated to its Branches. These sub-agreements
and records shall be available to HUD and the Grantee's Affiliates or Sub-grantees.
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 Affiliates or Sub-grantees, monitoring the activities and
finances of Affiliates or Sub-grantees, ensuring that Affiliates or Sub-grantees
satisfy the single audit requirements, reviewing Affiliates' or Sub-grantees' audits,
and ensuring that corrective action is taken to resolve audit findings.
ARTICLE V — SUBCONTRACTS AND SUB-GRANTS
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 Sub-
grant, transfer, or contract any of the work under this Agreement. A Grantee that is
subject to 24 CFR part 85 shall not sub-grant, contract, 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 sub-grant, transfer, or contract if
any of the following exceptions apply.
FY 2004 HC Grant 7 Grant Ag.reernent
1. For a Grantee that is subject to 24 C.FIZ part 84, the Sub-grant, 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 Sub-
grant, 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 sub-grants for the performance of any part of this Agreement.
2, HUD approves the Sub-grant, transfer, or subcontract in writing prior to its award.
HUD shall not approve any sub-grants by a SIIFA, when it is not acting as an
Intermediary, or a LHCA.
3. The Sub-grant, transfer, or subcontract is for the purchase of supplies, material,
equipment, or general support services. If this exception to the general
prohibition applies. Grantee shall comply with the applicable procurement
standards in 24 CFR 84.41 through 84.48, 24 CFR 84.84, or 24 CFR 85.36.
B. Requirements Applicable to Sub-grants by Grantees, This paragraph only applies to a
Grantee that is an Intermediary.
1. HUD-Approved Status of Affiliates/or Sub-grantees. A Grantee may make sub-
grants to Affiliates or Sub-grantees that are not HUD-approved provided that the
Affiliate/Sub-grantee meets or 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/Sub-grantee 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 or Sub-grantees that are not HUD-
approved shall meet or exceed the standards for HUD-approved LHCAs. HUD
does, however, reserve the right to request that Grantee provide HUD
documentation that supports Grantee's certification that Affiliates or Sub-
grantees, which are not HUD-approved, meet or exceed the standards for HUD-
approved LHCAs.
2. Composition of Affiliates or Sub-grantees Receiving Sub-grants. Grantee may
request in writing to HUD to amend the list of Branches or Affiliates or Sub-
grantees identified in Exhibit A of this Agreement. Upon HUD's approval of
such request, Exhibit A shall be deemed amended accordingly. HUD, however,
may require a Grantee execute an amendment to this Agreement amending the
Grant amount where a change in the composition of Affiliates or Sub-grantees or
Branches providing counseling services changes a Grantee's classification as a
National or Regional Intermediary and reduces the applicable SuperNOFA award
limits under which Grantee's grant application was evaluated.
3. Funding Agreements between Grantee and Affiliates or Sub-grantees. Grantee
shall execute a written Sub-grant agreement with each Affiliate or Sub-grantee
before disbursing funds to the Affiliate or Sub-grantee. All Sub-grant agreements
FY 2004 BC Grant 8 Grant Agreement
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 Sub-grant 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 sub-grants those
clauses required by 24 CFR 85.37. Grantee shall include the following
certifications in each Sub-grant agreement.
(A) Debarment and suspension. Each Sub-grant agreement shall include
without modification the clause in the Form 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 Sub-grant agreement between Grantee and an
Affiliate or Sub-grantee.
(B) Lobbying. Grantee shall include without modification the certification
language in the HUD-50071 in all Sub-grant agreements.
C.
Documentation of Funding Decisions. As required by section i 02(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 SuperNORA and Grantee makes the grant funds available on a
competitive basis to Affiliates or Sub-grantees.
1. Grantee shall ensure that it creates sufficient documentation regarding each
application to indicate the basis upon which assistance was provided or denied;
and
9. 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 Grantee
executes the Sub-grant 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 sub-grants 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 Affiliates or Sub-grantees. The notification shall contain the elements required
by 42 U.S.C. § 3545(a)(4)(C)(i). This notification may be by any method conducive to
providing information to the public.
E. Sub-grant 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 or local
FY 2004 HC Grant 9 Grant Agreement
government shall not execute any Sub-grant agreement until the Affiliate or sub-grantee
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 Affiliates or Sub-grantees 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 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, Affiliates and/or Sub-grantees 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. Updated Disclosure Reports shall be available along
with the Original 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
2. OMB Circular A-110, Uniform Administrative Requirements for Grants and
Other Agreements with Institutions of Higher Education, Hospitals and Other
Non-Profit Organizations, as amended.
FY 2004 HC Grant 10 Grant Agreement
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
OMB Circular A-102, Grants and Cooperative Agreements with State and Local
Governments.
C. Mergers, acquisitions, or other changes in form or organizational structure must be
reported to the G IR and receive HUD's prior written approval.
ARTICLE VII-- INSPECTION AND ACCEPTANCE
Inspection, review, correction, and acceptance of all products of work of this Agreement
shall be the responsibility of the GTR. The GTR may receive recommendations from assigned
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 deliverables provided by Affiliates or Sub-grantees to the
Grantee. Grantee shall inspect and accept the services and deliverables provided to it by its
Affiliates or Sub-grantees.
ARTICLE VIII-- CONDUCT OF WORK
The GTR shall be Grantee's first and primary point of contact with HUD on all matters of
a technical nature. Grantee shall submit all reports or other materials to the GTR. The GTR may
issue written or oral instructions to Grantee to supplement the Statement of Work described in
this Grant. Such instructions must be within the Scope of Work set forth in this 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.
ARTICLE IX — PRICE
A. Maximum Grant Amount. Grantee shall be paid according to the terms of this
Agreement for all work required, performed, and accepted under the Agreement in an
amount not to exceed the amount shown in block fourteen (14) of the attached Form
HUD-1044 (Maximum Grant Amount). Grantee shall bear the burden of all costs in
excess of the Maximum Grant Amount.
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
1] Grant Agreement FY 2004 HC Giant
(11) of the attached Form HUD-1044. All Grants, sub-grants and allocations funded by
Fiscal Year 2004 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: 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 Affiliates
or Sub-grantees comply with the provisions of this paragraph.
1. Allowable Costs. HUD shall pay Grantee, up to the Maximum Grant Amount as
stated in the Housing Counseling NOFA for Allowable Costs. Allowable Costs are
costs incurred in the perfolinance of this Grant 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 May 10, 2004), OMB
Circular A-87 Cost Principles for State, Local and Indian Tribal
Governments, (Dated May 4, 1995, further revised May 10, 2004), or
OMB Circular A-21 Cost Principles for Educational Institutions (Dated
August, 8, 2000, further revised May 10, 2004). If these circulars are
revised during the period of performance of this Agreement the most
recent revision shall apply.
2. Indirect Cost Rates. The allowable indirect cost rate is stipulated in block sixteen
(16) of the attached Form HUD-1044 or a separate written agreement with
Grantee. (If block 16 indicates an indirect cost rate of zero, then Grantee will be
reimbursed only for direct costs.) This separate written agreement is hereby
incorporated into this Grant 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 Performance.
(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.
FY 2004 HC Grant 12 Grant Ageement
4. Profits. No fee, profit, or other increment above allowable costs shall be paid to
Grantee or any Affiliate or Sub-grantee.
E. 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 Client and not for another type.
F. Burden of Proof. The burden of proof for services rendered rests with the Grantee. All
supporting records are subject to inspection and audit by HUD at any time during and
after the expiration of the period of performance as specified in Article XVI.
G. Restrictions on Use of the Grant Award. The 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 Form
HUD-1044. Such restrictions may include, but are not limited to the, special award
conditions described in 24 CFR 84.14 and 85.12.
ARTICLE X -- PAYMENT REQUESTS
A. General Payment Procedures. The forms referred to in this paragraph are available from
HUD's website at www.hudclips.ore 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 HUD
Headquarters.
2. All vouchers for grant payments must be submitted to HUD on the Form 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 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 Form HUD-27054, LOCCS Voice
13 Grant Agreement FY 2004 HC Grant
Response Access Authorization. A new Form HUD-27054 is not required for any
individual who currently has access to VRS/LOCCS for prior year grant funds for
the same Grantee.
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 G.I.R or GTM, or both, 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 Rein • - Is - s _ _1 . Grantee shall comply with the
applicable payment procedures in 24 CFR 84.21 through 84.22 and 85.20 through 85.21.
C. Timing and Amount of Payment Request. 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 cash needs. The requirement to only request actual, immediate cash
needs means that Grantee shall disburse funds for allowable costs within three (3) days
of receiving the funds from HUD. Grantee's payments to Sub-grantees shall
substantially match these standards.
D. Standards for Financial Management Systems. Grantee shall maintain and operate
financial management systems that meet or exceed the Federal requirements for funds
control and accountability as established by the applicable regulations in 24 CFR 84.21
or 24 C1-1( 85.20.
E. Overdue Reports. No payment requests shall be approved for a Grantee who has an
overdue report until the report has been submitted by the Grantee and approved by HUD.
ARTICLE XI—REPORTING
A. Quarterly Performance Reports – LHCAs. A performance report is due to the GTR or
GTM not later than January 30, 2005 for the three month period ending December 31,
2004 and not later than July 30, 2005 for the nine month period ending June 30, 2005,
and must include information on the following:
1. Grantee's name. address. and grant number as they appear on the grant document.
2. Start and end dates of the report period.
3. Number of Clients served, both one-on-one and in group format, by the type of
counseling or education performed.
4. Staff hours expended by the type of counseling and/or education performed;
FY 2004 HC Grant 14 Grant Agreement
5. Unit costs for each relevant service type. Grantee may provide other pertinent
cost information, analysis and explanation to justify unit costs.
6. A comparison of actual accomplishments with the goals and objectives
established for the period;
7. Reasons why, if established goals were not met;
8. Signature and title of person authorized to sign the report,
B. Quarterly Performance Reports — Intermediaries and SHFAs. A performance report is due to
the GTR or GTM not later than January 30, 2005 for the three month period ending
December 31, 2004 and not later than July 30, 2005 for the nine month period ending June
30, 2005, and must include information on items A(1) through A(8) in this Article, as well as
the following:
1. A list of the sub-grants and allocations to Affiliates. Sub-grantees and Branches;
2. The amount being withheld by the Intermediary or SHFA for administrative
purposes;
3. A detailed accounting of how administrative funds were spent by the
Intermediary or SHFA, including training, travel, salaries, equipment.
C. Mid-Term Performance Report - LHCAs. A grant mid-term report is due not later than
April 30, 2005 for the six month period ending March 31, 2005. The report must contain
the items requested in the quarterly report, as well as the following additional
information:
1. In addition to the above information, a narrative report of not more than five (5)
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; recommendations to HUD; and developments having a significant
impact on the award supported activities, such as delays or adverse conditions
which materially impair the ability to meet the objectives of the awards. Describe
any action taken or contemplated, and any assistance needed to resolve the
situation.
D. Final Report - LHCAs. 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 not
later than ninety (90) calendar days after the expiration or termination of the Grant. The
GTR or GTM will process the final voucher only upon receipt of an acceptable report.
Part of the final report is a hard copy of the F01111 HUD-9902, which covers the entire
Grant Period and is to be forwarded to the GTR.
15 Grant Agreement FY 2004 BC Grant
E. Mid-Term and Final Report - Intermediaries and State Housing Finance Agencies (Who
May Operate as Intennediaries) These organizations shall receive a mid-term and final
report from each Affiliate, Sub-grantee or Branch, as described under paragraphs C and D
of this Article and below as E.1 and E.2 and forward same to the G FR or GTM.
Additionally, the items requested in paragraph B of this article, must be submitted with
both the mid-term and final reports. Moreover:
1. Due not later than April 30, 2005 for the six month period ending March 31,
2005, the mid-term perfoimance report shall consist of a narrative report of not
more than five (5) single-spaced letter sized typewritten pages. The Grantee shall
collect items under A.1 through A.6 from each Affiliate/Sub-grantee or Branch,
retain the information for audit, and forward a copy to the GTR or GTM.
2. Due not later than December 31, 2005 for the twelve month period ending
October 31, 2005, the final report must not exceed five (5) single-spaced letter
sized typewritten pages for the narrative accompanied by a summary hard copy
Form HUD-9902 covering all Affiliates or Sub-grantees or Branches for Clients
served during the entire Grant Period. The Grantee shall collect and retain all
items under A.1 through A.6 from each Affiliate/Sub-grantee or Branch, and
forward a copy to the GTR or GTM.
F. Fiscal Year Activity Report - Form HUD-9902
In addition to the hard copy of the Form HUD-9902 that must be submitted with a
grantee's final report, all LHCAs shall submit, electronically, Form HUD-9902 covering
the period October 1, 2004 through September 30, 2005 for their housing counseling
activities under the Grant as well as those not covered by the Grant. Similarly, each
Affiliate, Sub-grantee and Branch is required to submit its individual Form HUD-9902
electronically. Intermediaries and SHFAs acting as intermediaries should not
electronically submit their summary Form HUD-9902. All electronic Form HUD-9902
submissions are due not later than December 31, 2005 and are to be sent to HUD via
HUD's Housing Counseling System (HCS).
G. Submission of any reports required in this Article beyond the stated due dates will be
considered delinquent unless extended, in writing, by HUD.
ARTICLE XII -- CONFLICTS OF INTEREST
A. Genera) Requirements. Grantee, and its Affiliates or Sub-grantees 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 requirements of
section 102(b) of the HUD Reform Act of 1989 (42 § 3545(b)) and its
implementing regulations, 24 CFR part 4. To initially satisfy this requirement, Grantee
shall complete the Form HUD-2880, Applicant/Recipient Disclosure Update Report. and
16 Grant Agreement FY 2004 HC Grant
this completed Form is hereby incorporated into this Agreement. Grantee shall update
the Form HUD-2880 as required by the HUD Reform Act of 1989 and 24 CFR § 4.11.
ARTICLE XIII -- SECURITY OF CONFIDENTIAL INFORMATION
Grantee and Affiliates or Sub-grantees shall secure 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 Affiliates or Sub-grantees shall not disclose such information to anyone other than
HUD or, with the consent of the Client, the Client's mortgagee.
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 terms and conditions
of this Grant Agreement, whether stated in a Federal statute, regulation, SuperNOFA,
HUD 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 he 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: 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 that reflect the rights and obligations of either party shall be executed by both the
Grant Agreement FY 2004 HC Grant 17
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
amend any provision of the grant agreement.
ARTICLE XVI -- RECORDKEEPING AND AUDITING
A. Record keeping 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
to record retention requirements under other applicable laws and regulations, including
but not limited to, the nondiscrimination regulations cited in Article XXII.
B. Type of Record keeping System. Any record keeping 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 record keeping
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 HUD Handbook 7610.1. Each Client must be assigned an
identification number to be used for reporting on housing counseling activities to HUD.
ARTICLE XVII — DISPUTES
During performance of this Agreement, disagreements may arise between the Grantee and
HUD on various issues. I.f 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 LHCAs shall submit their appeal to the
HUD Homeownership Center within their respective jurisdiction. Intermediaries shall submit
their appeal to the Program Support Division at HUD Headquarters, Washington, DC.
ARTICLE XVIII -- AUDIT REQUIREMENTS
Grantee shall comply with the audit requirements of the Single Audit Act (31 U.S.C. §§
7501-07) and OMB Circular A-133, Audits of States, Local Governments, and Non-Profit
Organizations (Revised June 24, 1997), as amended. The requirements of the Single Audit Act
FY 2004 1-1C Grant 18 Grant Agreement
and OMB Circular A-133 shall supersede the requirements 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 Affiliates or Sub-grantees shall comply with the prohibitions in 24 CFR
part 24, Government Debarment and Suspension and Government-wide Requirements for Drug-
Free Workplace. The Faun 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 C1-R 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 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. 24 C1-R part 87, neither the Grantee nor its Affiliates
or Sub-grantees 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.
Certifications. As a precondition to receiving grant funds exceeding $100,000, a Grantee,
Affiliate/Sub-grantee, shall certify using the Form HUD-50071, Certification of Payments
to Influence Federal Transactions, that it will comply with 24 C1-R part 87. A Grantee
shall submit its certification to the GTR, and an Affiliate/Sub-grantee shall submit its
certification to the next tier above. The Form HUD-50071 is hereby incorporated into
this Agreement.
C. Disclosures. As required by 24 CFR 87.110, a Grantee or Affiliate/Sub-grantee that
receives grant funds exceeding $100,000 shall disclose using SF-LLL, Disclosure of
Lobbying Activities, any payments made, or any agreement to make any payment, from
non-appropriated funds 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).
An Affiliate/Sub-grantee or Branch shall submit its disclosures to the next tier above.
Grantee shall submit its disclosures and the disclosures by its Affiliates or Sub-grantees
to the GTR. These disclosures and updates are hereby incorporated into this Agreement.
19 Grant Agreement FY 2004 HC Grant
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 C1-1( part 1, Nondiscrimination in Federally
Assisted Programs of the Department of Housing and Urban Development -
Effectuation of Title VI of the Civil Rights Act of 1964;
2. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-
88) and implementing regulations at 24 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 Organization. Where Grantee is, or Grantee
proposes to make sub-grants or an allocation of funds 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
FY 2004 HC Grant 20 Grant A vreement
its Affiliates or Sub-grantees must undertake their responsibilities in accordance with the
following principles:
1. Grantee and its Affiliates or Sub-grantees 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 Affiliates or Sub-grantees shall not engage in inherently religious
activities, such as worship, religious instruction, or proselytization, as part of the
programs or services funded under this grant. If an organization conducts such
activities, these activities must be offered separately, in time or location, from the
activities funded under this Grant Agreement, and participation must be voluntary
for the Clients receiving services covered, either completely or in part, by HUD
funds.
ARTICLE XXIII — MISCELLANEOUS
A. Order of Precedence. In the event of any inconsistency among any provisions of this
Agreement, the following order of precedence shall apply:
1. Section 106 of the Housing and Urban Development Act of 1968 and other
applicable federal laws;
2. Applicable Federal regulations;
3. The SuperNOFA;
4. This Grant Agreement; and
5. HUD Handbook 7610.1.
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 hereunder shall impair any such right or remedy or constitute a waiver
of HUD's right to demand exact compliance with the terms of this Agreement.
D. Applicable Law. This Agreement shall be construed, and the rights and obligations of the
parties determined, in accordance with Federal law.
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
FY 2004 HC Grant 21 Grant Agreement
c'
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.
FY 2004 HC Grant 22 Grant Agreement
EXHIBIT A: Listing of Grantee's Branches,
Affiliates or Sub-grantees.
FY 2004 HC Grant 23 Grant Agreement
Page 1 of 2
karry rieth
From: hattie_m_mayers@hud.gov
Sent: Monday, November 08, 2004 4:45 PM
To: hattie_m._mayers@hud.gov
Subject: E-Notes from the Detroit Field Office
E-Notes from the Detroit Field Office
U.S. Department of Housing & Urban Development
November 2004
313/226-7900, ext. 8017 Toni D. Schmiegelow, Director
http://www.hud. gov/locallmiAvorkingilocaloffices.cfm
HUD Approves $17 Million Loan Guarantee To Expand Detroit's Cultural Center
Detroit's Cultural Center is in store for a makeover because of a $17 million loan guarantee approved by HUD
Secretary Alphonso Jackson. Eighteen blighted parcels of land, including several historic buildings that are
currently abandoned or underutilized, will be home to three new parking garages, art galleries, a performing arts
theatre, new apartments, a restaurant and coffee shop.
HOPE VI
S120 million in grant funding is available for the 2004 HOPE VI Revitalization program. Public housing
authorities (PHAs) use this funding to replace aged public housing with new mixed-income communities. The
Notice of Funding Availability (NOFA) appears in the Federal Register and on
http://wvvw.hud.gov/offices/adm/grantslotherhud.cftn . PHAs have until February 1, 2005 to submit for the
highly competitive grants. Awards will be made on or near May 2, 2005. The maximum grant award is $20
Grants
Housing Counseling Grants... "HUD's Housing Counseling program plays a key role in support of the
President's goal," said Housing and Urban Development Secretary Alphonso Jackson. "Under this
Administration, more families are receiving counseling services than ever before and more families are
purchasing and keeping their homes. In addition, this program is also helping more families find the help they
need to secure decent and affordable rental housing." Southeast MI grantees are Lighthouse Community
Development, Pontiac - $20,596; Michigan Housing Counselors, Inc., Mt. Clemens - $27,000; Oakland County,
Michigan, Pontiac - $38,324.
Community Development Technical Assistance Grants help HUD programs work better..."This funding
builds on our partnership with local communities and nonprofit organizations to more effectively house and
serve lower income persons and families who need our help the most," said HUD Secretary Jackson. Michigan
grantees are State of Michigan, HOME TA provider $125.000, and CHDO TA provider $150,000; and, City
Connections, Detroit, Homeless TA provider $50,000.
FHIP Grants...HUD Assistant Secretary Carolyn Y. Peoples announced Fair Housing Initiatives Program
(FHIP) grants to five Michigan non-profit groups based in Ann Arbor-$67,384, Detroit-598,985, Flint-
5161,034, Grand Rapids-$175,820 and Kalamazoo-$80,000 to fight housing discrimination. "These grants will
provide communities with a variety of education initiatives aimed at promoting fair housing," said Peoples.
Section 202/811 Grants to help very low-income elderly and people with disabilities were awarded to
Buena Vista Twp., VOA National Services $5,124,500; Redford, VOA National Services $3,619,500; Sterling
Heights $National Church Residences $5,124,500; Algonac, Blue Water Developmental Housing $1,605,400;
Oceola Twp., Great Lakes Community NP Housing Corp $1,454,500.
Assisted Living Conversion Program Grant ...Elderly Americans in Oak Park, Michigan will soon find
themselves living in upgraded apartments equipped to meet their physical needs thanks to a $1,679,131 Assisted
Living Conversion Program (ALCP) grant from HUD. The grant will help convert Prentis Jewish Apartments,
Phase Tin Oak Park from an existing multifamily project into assisted living facility for the elderly.
Multifamily Housing Closings
The Detroit Multifamily Hub closed on three developments in metro Detroit during October. Hechtman Jewish
Apartments, a 103-unit project insured under Section 223(f) located in West Bloomfield has a mortgage
11/9/04
• Page 2 of 2
amount of $4,085,800. The mortgagee is St. James Capital, LLC and the mortgagor is JAS, Hechtman I,
Nonprofit Corporation. Teitel Jewish Apartments, Oak Park, a 149-unit project insured under Section 223(f)
has a mortgage amount is $6,720,000. The mortgagee is St. James Capital, LLC and the mortgagor is Jewish
Federation Apartments IV, Inc. Shoreline Landing, Norton Shores, is a 209-unit project insured under Section
221(d)(4) with a mortgage amount of $15,906,300. The mortgagee is Centennial Mortgage and the mortgagor is
Laraway Enterprises, LP.
Mortgagee Letters
Lenders, Mortgagee Letters can be accessed at http ://www.hudelip_s_L:)1,,-21cgiiindex.egi for info on FHA policies.
FY 2005 Fair Market Rents
HUD has released The Fair Market Rents (FMR) for fiscal year 2005, effective October 1, 2004. FY 2005
Fair Market Rents are available as a free download from HUD USER at
http://www.huduser.org/datasets/FMR/FNIR2005F/index.html
SE Michigan Metropolitan FMR Areas 0 BR 1 BR 2 BR 3 BR 4 BR
Ann Arbor PMSA 644 713 840 1081 1113
Lenawee, Livingston, Washtenaw Counties
Detroit PMSA 606 670 805 962 992
Lapeer, Macomb, Monroe, Oakland, St. Clair, Wayne Counties
Websites
Federal funding opportunities wgriits.oy
List of all HLTD Homes, hap //www.hud. gov/o ffices/hsg/sfb/reo/homes.c fm
Other News
The State Housing Development Authority (MSHDA) announced approval of Low Income Housing Tax
Credits for six projects located in Detroit. 303 housing units will be built or renovated for low- and moderate-
income Michigan families, the elderly, people with disabilities, and those at risk of homelessness. The projects
are: Chesterfield Apts, $207,832; East Village Homes, $956,451; Heritage Place at Magnolia, $798,328; Karley
Square Apts, $368,720; Riverside Estates Apts, $415,869; St. John Homes, $784,126.
Save the Dates
December 8, 2004, MCDDA Winter Technical Assistance Conference, Lansing Center. Contact Kenneth
Bishop, (313) 961-4266 or bisho_p@semcog.or,g
May 16-18, 2005 Michigan Conference on Affordable Housing, bap ://www.housingconference.ora/
11/9/04
•
AL- II
FISCAL NOTE #04359 December 9, 2004
BY: FINANCE COMMITTEE, CHUCK MESS, CHAIRPERSON
IN RE: DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT - COMMUNITY AND
HOME IMPROVEMENT DIVISION - FY 2004 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:
1. The U.S. Department of Housing and Urban Development has
awarded federal FY 2004 Housing Counseling Grant funding in
the amount of $38,324 to the Community & Home Improvement
Division.
2. The grant will supplement Community Development Block Grant
funds allocated to deliver housing counseling services in
accordance with Federal Comprehensive Housing Counseling
Program guidelines.
3. This is the tenth (10 th ) year of the grant.
4. The funding period is from October I, 2004 through
September 30, 2005.
5. The award is $24,676 less than the application amount of
$63,000 and $512 less than the FY 2003 award of $38,836.
6. No County match is required for this grant continuation.
7. Indirect costs are not paid for this grant due to
administrative and planning limits.
8. An amendment to the Community and Home Improvement
Division's FY 2005 Special Revenue Fund Budget is
recommended as follows:
Revenue
19-704400-60006-0113 Grants - Federal
Expenditure
19-704401-60006-2001 Salaries
FINANCE COMMITTEE
(.(/(
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Webster absent.
$38,324
38,324
$ -0-
/
Resolution #04359 December 9, 2004
Moved by Bullard supported by Coulter the resolutions on the Consent Agenda, as amended, be adopted
(with accompanying reports being accepted).
AYES: Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg, KowaII, Law, Long,
McMillin, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Wilson, Zack, Bullard.
(22)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolutions on the Consent Agenda, as amended, were
adopted (with accompanying reports being accepted).
.110•n•
APROVETHE HMIS RESOLUTION
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, G. William Caddell, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true
and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on
December 9, 2004 with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the county of Oakland at
Pontiac, Michigan this 9th day of December, 2004.
;
G. William Caddell, County Clerk