HomeMy WebLinkAboutResolutions - 2005.12.08 - 27804•
December 8, 2005
MISCELLANEOUS RESOLUTION # 05285
BY: PLANNING AND BUILDING COMMITTEE, CHARLES E. PALMER, CHAIRPERSON
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS -
COMMUNITY AND HOME IMPROVEMENT DIVISION — FY 2005 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 Economic Development and Community Affairs — Community and Home Improvement
Division federal housing counseling grant funding in the amount of $46,000.00 for the 2005 federal fiscal
year; and
WHEREAS this is the 11 th year of the grant; and
WHEREAS the grant award of $46,000.00 represents a 0% variance from the application of
$46,000, and an increase of $7,676.00 from last year's award of $38,324.00; 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 homebuyers, 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
2005 Housing Counseling Grant in the amount of $46,000.00.
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 discloses 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 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 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.
PLANNING AND BUILDING COMMITTEE
Planning & Building Committee Vote:
Motion carried on unanimous roll call vote with Hatchett absent
Nancy Wenzel
From: Greg Givens [givensg@co.oakland.mi.us]
Sent: Thursday, November 17, 2005 11:15 AM
To: Doyle, Larry; Rieth, Karry; Milligan, Ron; Keller, Wayne
Cc: Frederick, Candace; Smith, Laverne; Mitchell, Sheryl; Pardee, Mary; Hanger, Helen; Wenzel,
Nancy; Johnston, Brenthy; Worthington, Pam
Subject: GRANT REVIEW— Community and Home Improvement
GRANT REVIEW - Community and Home Improvement
GRANT NAME: 2005 Housing Counseling Grant
FUNDING AGENCY: US Department of Housing and Urban Development
DEPARTMENT CONTACT PERSON: Karry Rieth / 8-5403
STATUS: Acceptance
DATE: November 17, 2005
Pursuant to Misc. Resolution 401320, please be advised the captioned
grant materials have completed internal grant review. Below are the
comments returned by review departments. Please note the comment from
Corporation Counsel. The Addendum required by Corporation Counsel must
be incorporated into the contract prior to contract execution by the
Board Chair.
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 (10/28/2005)
Department of Human Resources:
Approved. - Nancy Scarlet (11/8/2005)
Risk Management and Safety:
Approved By Risk Management - Julie Secontine (10/29/2005)
Corporation Counsel:
There are no outstanding legal issues concerning this grant. Please be
sure to attach the Addendum to the grant and reference it in the
resolution. Thank you. - Joellen Shortley (11/17/2005)
1
Nancy Wenzel
From: Greg Givens [givensg@co.oakland.mi.us ]
Sent: Friday, October 28, 2005 9:10 AM
To: VanPelt, Laurie; Davisp; Scarlet, Nancy; Secontine, Julie
Cc: Fournier, Nancy; Frederick, Candace; Cunningham, Judy; Mitchell, Sheryl; Shortley, JoeIlen;
Mason, Jennifer; Ross, David; Karmann, Bruce; Pardee, Mary; Bertram, Kevin; Doyle, Larry;
Hanger, Helen; Wenzel, Nancy; Johnston, Brenthy; Worthington, Pam; Easterling, Theresa;
Rieth, Karry; Keller, Wayne
Subject: GRANT REVIEW— Community & Home Improvement
TO: REVIEW DEPARTMENTS - Laurie Van Pelt - Nancy Scarlet - Julie
Secontine - Pat Davis
RE: GRANT CONTRACT REVIEW RESPONSE - Community & Home Improvement
2005 Housing Counseling Grant
U.S. Department of Housing and Urban Development
Please be advised the above mentioned grant information was put into
contract review today. A hard copy of these materials has been sent to
you for review. Please provide your review stating your APPROVAL,
APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments,
via reply (to all) of this email.
Time Frame for Returned Comments: November 18, 2005 (Acceptance will be
presented to Planning and Building Committee on November 29, 2005 and
Finance Committee on December 1, 2005)
GRANT INFORMATION
Date: October 28, 2005
Operating Department: Community & Home Improvement Division
Department Contact: Karry L. Rieth, Manager
Contact Phone: 248 858-5403
Other ID Number: Contract #HC05-0398-044 CFDA# 14.169
REVIEW STATUS: Acceptance - Resolution Required
Funding Period: October 1, 2005 through September 30, 2006
New Facility / Additional Office Space Needs: None
IT Resources (New Computer Hardware / Software Needs or Purchases): None
Funding Continuation/New: New Annual Open Competition Grant - 11th year
of funding
Application Total Project Amount: $46,000
Prior Year Total Funding: $38,324
New Grant Funded Positions Request: None
Changes to Current Positions: Continuation of current positions #03567,
and #06098
Grantor Funds: $46,000
Total Budget: $184,415
Match and Source: No match obligation. Federal 2005 Community
Development Block Grant Funds totaling $138,415 are appropriated in the
2005 budget to supplement Housing Counseling Grant funds of $46,000 to
complete the total program budget of $184,415.
PROJECT SYNOPSIS
The FY 2005 Comprehensive Housing Counseling (CHC) Grant of $46,000
provides funding for 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. Services include information for first time homebuyers,
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. No county general funds are required. Community Development
1
Block Grant (CDBG) funds supplement this grant for services.
The Community and Home Improvement Division budgets for 100% of annual
Housing Counseling salaries, fringes, program and operation costs in the
federal CDBG Program to ensure that funding remains available to serve
County residents. The annual competitive and variable CHC grant award
supplements CDBG funded housing counseling costs. Once CHC funds are
awarded they are expended primarily for salaries and fringes and
secondarily for program costs.
ADDENDUM TO HOUSING COUNSELING GRANT FY 2005
Comprehensive Counseling Services
Control Number HC05-0398-044
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 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 VIII and XV or the written
decision of the GTR provided for in Article XVII.
2005-0446-01 addendumhud05
18. 11 Recipient is not required to sign this document.
20. HUD (By Name)
Brenda J. Bellisario
Signature & Title
Acting Director, Program Support
Date (mm/dd/yyyy)
form HUD-1044 (8/90)
ref. Handbook 2210.17
Assistance Award/Amendment U.S. Department of Housing
and Urban Development
Office of Administration
1. Assistance Instrument 2."4/' pe of Action
Cooperative Agreement M Grant N Award 0 Amendment
3. Instrument Number 4. Amendment Number 5. Effective Date of this Action 6. Control Number
HC05-0398-044 1 October 2005 .
7. Name and Address of Recipient 8. HUD Administering Office
OAKLAND COUNTY HOUSING COUNSELING Dept of HUD, Program Support Division
250 Elizabeth Lake Road - Suite 1900 The Wana maker Building
Pontiac, MI 48341-0414 100 Penn Square East
Philadelphia, PA 19107-3389
TIN NUMBER: 38-6004876 8a. Name of Administrator 8b. Telephone Number
Brenda J. Bellisario 215-656-0516 x3407
10. Recipient Project Manager 9. HUD Government Technical Representative
Ronald Milligan 248-858-5402 Tom Hardy
11. Assistance Arrangement 12. Payment Method 13. HUD Payment Office
M Cost Reimbursement EJ Treasury Check Reimbursement Fort Worth Acct. Center - ATTN: Comm. Acct. Branch
Cost Sharing Advance Check 1600 Throckmorton Str. - Fort Worth, TX 76113-2905
Fixed Price D Automated Clearinghouse
14. Assistance Amount 15. HUD Accounting and Appropriation Data
Previous HUD Amount $ 15a. Appropriation Number 15b. Reservation number
HUD Amount this action $46,000
Total HUD Amount $46,000 Amount Previously Obligated $
Recipient Amount $ Obligation by this action $46,000
Total Instrument Amount $46,000 Total Obligation $46,000
16. Description
FY 2005 - HOUSING COUNSELING GRANT VOUCHER UNDER LOCCS BUDGET LINE ITEM 9500.
GRANT TYPE: LHCA Comprehensive
17. Recipient is required to sign and return three (3) copies
of this document to the HUD Administerina Office
19. Recipient (Print Name)
Signature Title Date (mm/dd/yyyy)
L. Brooks Pa terson, County Executive
pill 1:11017-A --
qe.tEN7-0,190
1; 11111111 .44 N DEv 0-°9
U.S. Department of Housing and Urban Develfownent
Homeownership Center
The Wanamaker Building
100 Penn Square East
Philadelphia, Pennsylvania
October 7, 2005
041
( 06
19107-3389/WAI
190 e00,5.
OAKLAND COUNTY HOUSING COUNSELING
250 Elizabeth Lake Road
Suite 1900
Pontiac, MI 48341-0414
DUNS# 13-620-0362
Dear Ronald Milligan:
I am pleased to inform you that OAKLAND COUNTY HOUSING COUNSELING has
been conditionally awarded a grant in the amount of $ 46,000 to conduct a housing counseling
program on behalf of the Department of Housing and Urban Development in accordance with the
Housing Counseling Notice of Funding Availability (NOFA) published in the Federal Register
dated March 21, 2005, 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:
$ 46,000 for Comprehensive Counseling
$ 0 for Predatory Lending Counseling
$ 0 for Homeownership Voucher Counseling
$ 0 Colonias Counseling
$ 0 HECM 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 Form
HUD-1044, Assistance Award/Amendment, for each category of funding approved under
HUD's Fiscal Year (FY) 2005 Housing Counseling NOFA. 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 or Sub-grantees,
if applicable, that will carry out activities specified in the Grant Agreement. Therefore, please
2
attach a list of all such organizations with which your organization intends to establish sub-
agreements for use of HUD funds. This list may be changed only with HUD's prior approval.
Also, please provide the name and telephone number of the individual in your
organization who will be the daily contact person for HUD regarding your housing counseling
program.
In addition, as required by the FY 2005 HUD SuperNOFA, published in the Federal
Register on March 21, 2005, the following documents and/or information, if applicable, must be
submitted within 30 days of the date of this letter:
1. Indirect Cost Rate documentation. See page 13813 of the FY 2005 HUD
SuperNOFA, published in the Federal Register on March 21, 2005 ,for a detailed
explanation of this requirement. If your organization does not incur indirect costs, or
will not apply them to this grant, please state so in writing.
2. Financial Management Systems. New grantees must submit documentation
demonstrating that the organization's financial management systems satisfy the
requirements in the applicable regulations at 24 CFR 84.21(b) and 85.20.
Additionally, consistent with the requirements of the Single Audit Act Amendments
of 1996 (31 U.S.C. §§ 7501-07), all grantees that expended $500,000 or more in
Federal awards in the most recent fiscal year, must submit documentation verifying
that the grantee has been audited in accordance with OMB requirements as
established in 24 CFR part 84.
3. Code of Conduct. Grantees must submit a written code of conduct that: prohibits real
and apparent conflicts of interest that may arise among officers, employees, or agents;
prohibits the solicitation and acceptance of gifts or gratuities by officers, employees
and agents for their personal benefit in excess of minimal value; and outlines
administrative and disciplinary actions available to remedy violations of such
standards. Also, describe the methods used to ensure that all officers, employees, and
agents of the organization are aware of the Code of Conduct. A more detailed
description of the written Code of Conduct is located on page 13577 of the General
Section of the FY 2005 HUD SuperNOFA, published in the Federal Register on
March 21, 2005.
3
4. Revised Form HUD-96010. If the grant award amount listed above is different from
the amount requested in the grant application, provide adjusted activity projections on
Form HUD-96010, Program Outcome Logic Model, based on the actual award
amount above. Adjusted projections should be consistent with the initial projections
submitted with the application and prorated to correspond to the actual award amount,
but remain in the same proportion as initially submitted. For applicants that failed to
submit any or all of the output and outcome projections requested in the NOFA,
please submit relevant projections at this time. Projected output and outcomes will be
compared to actual results through the reporting required by the attached grant
agreement, and ultimately through the Form HUD-9902. Whether you are adjusting
figures already submitted, or submitting outcome projections for the first time, your
response to this request is a condition for award. To fulfill this requirement, provide
projections - in the form of an actual number, not a percentage - for each of the
outputs listed in your submission, for example the number of one-on-one counseling
and group sessions participants projected for each counseling type. Also provide
projections - in the form of an actual number, not a percentage - for the following
outcome categories that are relevant to your organization (for example, for an agency
that only provides HECM counseling, only the first projection applies):
• the total number of individuals / families (clients) that you project will be served
with this award;
• the number of clients receiving pre-purchase counseling that will purchase a
home;
• the number of clients receiving pre-purchase counseling that are working toward
becoming mortgage ready;
• the number of clients receiving pre-purchase counseling that, after evaluating
their unique financial situation and the costs of homeownership, will elect not to
purchase a home;
• the number of clients receiving default counseling that will successfully avoid
foreclosure;
• the number of clients seeking help in locating or securing rental housing that
found alternative rental housing;
• (for Predatory Lending) the number of counseled clients affected by predatory
lending that will have their mortgage modified, refinanced, or otherwise assisted
to avoid foreclosure;
(for HOV) the number of Homeownership Voucher clients that will be assisted
with those funds;
* (for Colonias) the number of clients located in Colonias that will be assisted with
those funds.
4
The revised projection should also contain the change in other services or costs relative to
grant funds such as marketing and outreach and administrative, if applicable.
Documents and information must be submitted to:
Mr. Robert Wright
Philadelphia Homeownership Center
The Wanamaker Building
100 Penn Square East
Philadelphia, PA 19107
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,
Brenda J. Bellisario
Acting Director
Program Support Division
Enclosures
ARTICLE I
ARTICLE 11
ARTICLE III
ARTICLE IV
ARTICLE V
ARTICLE VI
ARTICLE VII
ARTICLE VIII
ARTICLE IX
ARTICLE X
ARTICLE XI
ARTICLE XII
ARTICLE XIII
ARTICLE XIV
ARTICLE XV
ARTICLE XVI
ARTICLE XVII
ARTICLE XVIII
ARTICLE XIX
ARTICLE XX
ARTICLE XXI
ARTICLE XXII
ARTICLE XXIII
TABLE OF CONTENTS
GENERAL 1
DEFINITIONS
PERIOD OF PERFORMANCE 3
STATEMENT OF WORK 4
SUBCONTRACTS AND SUB-GRANTS 7
ADMINISTRATIVE REQUIREMENTS 10
INSPECTION AND ACCEPTANCE II
CONDUCT OF WORK 11
PRICE II
PAYMENT REQUESTS 13
REPORTING 14
CONFLICTS OF INTEREST 17
SECURITY OF CONFIDENTIAL INFORMATION 17
DEFAULTS AND REMEDIES 17
AMENDMENTS 18
RECORDKEEPING AND AUDITING 18
DISPUTES 19
AUDIT REQUIREMENTS 19
DEBARMENT AND SUSPENSION 19
DRUG-FREE WORK PLACE REQUIREMENTS 19
LOBBYING RESTRICTIONS 19
NONDISCRIMINATION REQUIREMENTS 20
MISCELLANEOUS 21
FY 2005 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 Consolidated Appropriations Act, 2005. 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. Applicable Federal Regulations;
3. The General Section of the SuperNOFA for HUD's Discretionary Programs
printed in the Federal Register on March 21, 2005 at 70 FR 13576 [Docket No.
FR-4950-N-01];
4. The Housing Counseling Programs Notice of Funding Availability published in
the Federal Register on March 21,2005 at 70 FR 13806 [Docket No. FR-4950-N-
05 (the SuperNOFA)] and corresponding technical correction published in the
Federal Register on May 18, 2005 at 70 FR 28553 [Docket No. FR-4950-C-1B];
5. HUD Handbook 7610.1, REV-4, CHG-1, dated October 27, 1997, Housing
Counseling Program, as amended (HUD Handbook 7610.1);
6. 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;
7. Form HUD-1044, Assistance Award/Amendment; and
8. Grantee's current HUD-approved Housing Counseling Plan.
Grantee agrees to carry out its eligible activities (See Article IV A.) under this
Agreement. The provisions of this Agreement shall apply to the Grantee, and where applicable.
Sub-grantees that will assist with carrying out this Agreement.
ARTICLE II — DEFINITIONS
A Affiliate means a separately incorporated or organized housing counseling agency that is
connected with an 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
FY 2005 HC Grant 1 Grant Agreement
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 applicant, affiliate
or Sub-grantee.
C. Client: A person who falls within the definition in either subparagraph C.I I. or C.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, 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.
D. 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.
E. 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.
F. Grant Agreement means this agreement.
G. 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 LHCA , Grantee includes the Branches or Branch Offices identified in
Grantee's SuperNOFA Applicaiion and listed in Exhibit A of this Agreement as maybe amended
pursuant to Article V. section (13)(2) ofthis Agyeement
H. Grant or Grant Funds means the federal funds provided by HUD for the purposes
outlined in this Agreement.
FY 2005 HC Grant 2 Grant Agreement
I. 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.
J. 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:
State Housing Finance Agency (SHFA) that provides housing counseling services
through its Affiliates or Sub-grantees;
(2) National Organization that has been approved by HUD to provide housing
counseling services through its Branches, Affiliates or Sub-grantees in a number
of states as determined by HUD.
Regional Organization that has been approved by HUD to provide housing
counseling services through its Branches, 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.
K. Local Housing Counseling Agency (LHCA) means an organization that has been
approved by HUD as an LHCA.
L. 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 term State includes the several
states, Puerto Rico, the District of Columbia, Guam. Commonwealth of the Northern
Mariana Islands, American Samoa, and the Virgin Islands.
M. Sub-grantee means an eligible 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 an Intermediary or
SHFA for purposes of the NOFA. In the case of an Intermediary or SHFA that is a
Grantee, Sub-grantees, if applicable, are listed in Exhibit A of this Agreement. Exhibit A
may be amended pursuant to Article V, section (B)(2) of this Agreement.
N. 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, 2005 and
expires at midnight on September 30, 2006.
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,
(1)
(3)
FY 2005 HC Grant 3 Grant Agreement
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. Extensions, which are not routinely granted, will not be exercised
merely for the purpose of using un-obligated balances. 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 I : (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 homebuyer 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
programs and counseling activities on property maintenance, personal money
management, and relations with lenders and landlords. (5) HECM 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
Housing Counseling Program, 70 Fed. Reg. 13806 (21 March 2005).
FY 2005 HC Grant 4 Grant Agreement
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 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. Grantee, and its Sub-
grantees where applicable, must be knowledgeable about HUD housing programs,
including Federal Housing Administration (FHA) programs, the housing
programs available in the community and the local housing market, and present
them to clients, along with other viable alternatives, when applicable and
appropriate.
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 2005 HC 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
Sub-grantees 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 that 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.
(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
Sub-grantee's community, target area, or metropolitan areas as
defined by Grantee.
4. Mandatory Referrals. Grantee and its Sub-grantees where applicable, shall refer
to other community and national resources all individuals who contact the
(i)
(ii)
(iii)
(iv)
(v)
FY 2005 HC Grant 6 Grant Agreement
Grantee or Sub-grantee, for assistance but whom Grantee, or Sub-grantee, is
unable to serve.
5. Placement on List of Housing Counseling Agencies. Contact information for
Grantee, funded Branches, and Sub-grantees where applicable, shall be
maintained on HUD's list of housing counseling agencies. including separate
contact information for each 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 Sub-grantee, does not
have expertise in, or Grantee 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 use of its Grant through its Sub-grantees, if applicable, and is
responsible for managing the daily operations of its program. The use of 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
Sub-grantees' compliance with the applicable provisions of this Agreement.
Grantee shall monitor the performance of its 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 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 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 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 Sub-grantees, monitoring the activities and finances of
Sub-grantees, ensuring that Sub-grantees satisfy the single audit.requirements,
reviewing 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(0(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.
FY 2005 HC Grant 7 Grant Agreement
Notwithstanding this general prohibition, a Grantee may sub-grant, transfer, or contract if
any of the following exceptions apply.
1. For a Grantee that is subject to 24 CFR 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 LI ICA
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.
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. Eligible Sub-grantees. A Grantee may make sub-grants to Sub-grantees that are
not HUD-approved provided that the quality of services provided by the
Affiliate/Sub-grantees meets or exceeds the standards for HUD-approved LHCAs
in HUD Handbook 7610.1. This Agreement serves as the Grantee's certification
that the quality of services provided by 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 Sub-grantees, which are not HUD-
approved, meet or exceed the standards for HUD-approved LHCAs.
2. Composition of Sub-grantees and funded Branches. Grantee may request in
writing to HUD to amend the list of funded Branches or Sub-grantees, or both,
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 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 Sub-grantees. Grantee shall execute a
written Sub-grant agreement with each Sub-grantee before disbursing funds to the
Sub-grantee. All Sub-grant 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 Sub-grant agreement must clearly delineate the mutual responsibilities for
FY 2005 HC Grant 8 Grant Agreement
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 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 Affiliates or Branches, or both..
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 Grantee
executes the Sub-grant agreement.
D. Notice of Funding Decisions. As required by section IO2(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
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
FY 2005 HC Grant 9 Grant Agreement
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.
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:
FY 2005 HC Grant 10 Grant Agreement
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.
C. Mergers, acquisitions, or other changes in form or organizational structure 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 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. Grantee shall inspect and accept the services and deliverables provided to it by
its 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
(11) of the attached Form HUD-1044. All Grants, sub-grants and allocations funded by
Fiscal Year 2005 SuperNOFA competitive housing counseling funds shall be made on a
cost reimbursement basis.
11 Grant Agreement FY 2005 HC Grant
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 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 performance 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.
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
FY 2005 HC Grant 12 Grant Agreement
other source. Grantee shall include in its vouchers under this Agreement only the portion
of those counseling services for which the Grantee does not receive reimbursement from
any other funding source.
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.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 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 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. Grantees for whom LOCCS access was suspended or terminated, for
example due to non-use, must also submit Form HUD-27054 to reset their password
or reinstate a user, or establish a new user.
4. Grantees are responsible for changing their LOCCS password once every 60 days.
Termination of access due to password expiration will require resubmission of Form
HUD-27054.
5. It is Grantee's responsibility to immediately notify the LOCCS Security Office at
FY 2005 HC Grant 13 Grant Agreement
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 or GTM, or both, must be notified of the Grantee's actions.
6. 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.
C. 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 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. The GTR or GTM will process the final voucher
only upon receipt of an acceptable final report.
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 CFR 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 and SHFAs that do not issue sub-grants under
their award. A performance report is due to the GTR or GTM not later than January 30,
2006 for the three month period ending December 31, 2005 and, if grant activity occurs
during the third quarter, not later than July 30, 2006 for the nine month period ending
June 30, 2006, and must include information on the following, both for the reporting
period and cumulative:
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 Counseled and/or Education Participants, by the type of
counseling or education performed, using the methodology for Form HUD-9902
reporting. A person, family or group of persons may be a client more than once
during a reporting period. If a client participates in a workshop and later
individual counseling, or if a client receives various distinct types of individual
FY 2005 HC Grant 14 Grant Agreement
counseling, report each distinct counseling or education interaction. For example,
a client receiving homebuyer education, pre-purchase counseling and mortgage
delinquency prevention counseling is reported three times. However, should
multiple sessions with a client occur for one distinct type of counseling or
education, report this as one;
4. Staff hours expended by the type of counseling and/or education performed;
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 for the period with the specific outputs
and outcomes projected in the Logic Model, Form HUD-96010, submitted with
the application corresponding to the Grant award. If they choose to, Grantees
may simply add this information to their original logic model;
7. Reasons why, if established goals were not met. Explain what, if any, new
strategies and work plan adjustments will be made during the next quarter in order
to better meet projected outputs and outcomes;
8. Signature and title of person authorized to sign the report.
B. Quarterly Performance Reports — Intermediaries and SHFAs that issue sub-grants under
their award. A performance report is due to the GTR or GTM not later than January 30,
2006 for the three month period ending December 31, 2005 and, if grant activity occurs
during the third quarter, not later than July 30, 2006 for the nine month period ending
June 30, 2006, and must include information on items A.1 through A.8 in this Article, as
well as the following, for both the reporting period and cumulative:
1. A list of the Sub-grantees and funded Branches and corresponding sub-grant amount
and allocations;
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, and equipment.
C. Mid-Term Performance Report — LHCAs and SHFAs that do not issue sub-grants under
their Grant award. Unless the Grant has been fully expended and a final report as
described in Section D of this Article has been submitted to close out the Grant. a mid-
term report is due not later than April 30, 2006 for the six-month period ending March
31, 2006. The report must contain the items requested for 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 pages using a word processor and a font size of no
smaller than 12 or larger than 14. Include such items as: problems encountered
15 Grant Agreement FY 2005 HC Grant
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 and SHFAs that do not issue sub-grants under their Grant award.
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 during which Grant activity occurred and may not exceed
five (5) single-spaced letter-sized pages using a word processor and a font size of no
smaller than 12 or larger than 14. This report is due to the GTR or GTM not later than
ninety (90) calendar days after the expiration of the Period of Performance of the Grant.
The GTR or GTM will process the final voucher only upon receipt of an acceptable
report. The final report must include a hard copy of the Form HUD-9902, covering the
entire period during which grant activity occurred and representing specific activities
under the award.
E. Mid-Term and Final Report - Intermediaries and State Housing Finance Agencies that
issue sub-grants under their award. These organizations shall receive a mid-term and
final report from each 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 GTR 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, 2006 for the six month period ending March 31,
2006, the mid-term performance report shall consist of a narrative report of not
more than five (5) single-spaced letter-sized pages using a word processor and a
font size of no smaller than 12 or larger than 14. The Grantee shall collect items
under A.1 through A.8 from each Sub-grantee or funded Branch, retain the
information for audit, and forward a copy to the GTR or GTM.
2. 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. Due not
later than December 31, 2006 for the twelve month period ending September 30,
2006, the final report narrative must not exceed five (5) single-spaced letter sized
pages, using a word processor and a font size of no smaller than 12 or larger than
14. The narrative must be accompanied by a summary hard copy Form HUD-
9902 covering activities performed under the Grant by all Sub-grantees or
Branches during the entire period during which Grant activity occurred. The
Grantee shall collect and retain all items under A.1 through A.8 from each Sub-
grantee or Branch, and forward a copy to the GTR or GTM. The GTR or GTM
will process the final voucher only upon receipt of an acceptable report.
F. Fiscal Year Activity Report - Form HUD-9902
FY 2005 HC Grant 16 Grant Agreement
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, 2005 through September 30, 2006 for their housing counseling
activities under the Grant as well as those not covered by the Grant. Similarly, each Sub-
grantee or funded Branch, or both, of an Intermediary or SHFA 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, 2006 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. General Requirements. Grantee, and its 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 U.S.C. § 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
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 Sub-grantees, if applicable, 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 Sub-grantees shall not disclose such information to anyone other than HUD or, with
the consent of the Client, and 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,
FY 2005 HC Grant 17 Grant Agreement
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: 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 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.
18 Grant Agreement FY 2005 HC Grant
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 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
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 Form 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
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 CFR part 87, neither the Grantee nor its Affiliates
or Sub-grantees shall use these Grant funds to attempt to influence Federal Executive or
FY 2005 HC Grant 19 Grant Agreement
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,
Affiliate/Sub-grantee, shall certify using the Form 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 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.
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;
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;
FY 2005 HC Grant 20 Grant Agreement
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 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
its Sub-grantees must undertake their responsibilities in accordance with the following
principles:
1. Grantee and its 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 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.
FY 2005 [-IC Grant 21 Grant Agreement
, •
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 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 2005 HC Grant 22 Grant Agreement
EXHIBIT A: Listing of Grantee's Funded Branches
or Sub-grantees.
Oakland County Housing Counseling has no funded branches or sub-grantees.
FY 2005 HC Grant 23 Grant Agreement
FISCAL NOTE (MISC.- #05285)December 8, 2005
BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS -
COMMUNITY AND HOME IMPROVEMENT DIVISION - FY 2005 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 2005 Housing Counseling Grant funding in
the amount of $46,000 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 eleventh (11 th ) year of the grant.
4. The County performance period for the grant is from October
1, 2005 through September 30, 2006.
5. The award is the same amount as the application and $7,676
more than the FY 2004 award of $38,324.
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. The FY 2006 Special Revenue Fund Budget for the Housing
Counseling Grant Fund is amended as follows:
Revenue (29706-1090680-132210)
610313 Grants - Federal $46,000
Expenditure (29706-1090680-132210)
702010 Salaries - Regular $30,565
722740 Fringe Benefits 15,435
$46,000
$ -0-
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Melton absent.
(241 /0
Ruth—Sa—nscin, County Clerk
..n•nn•••••
Resolution #05285 December 8, 2005
Moved by Gregory supported by Douglas the resolutions on the Consent Agenda, as amended, be
adopted (with accompanying reports being accepted).
AYES: Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, KowaII, Long, Melton,
Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Woodward, Zack, Bullard,
Coulter. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions on the Consent Agenda, as amended, were
adopted (with accompanying reports being accepted).
0.'"*"
SERV APPROVE THE FOREGOING RESOLUTION
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Ruth Johnson, 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 8, 2005,
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 8th day of December, 2005.