HomeMy WebLinkAboutResolutions - 2018.12.06 - 30890MISCELLANEOUS RESOLUTION #18403 December 6, 2018
BY: Commissioner Michael Spisz, Chairperson, Economic Development and Community Affairs
Committee
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS - COMMUNITY
AND HOME IMPROVEMENT DIVISION - FY2018 U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) HOUSING COUNSELING PROGRAM 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, Division of Community and Home Improvement FY2018
Housing Counseling Program funds totaling $49,574 for comprehensive housing counseling services
performed during the period October 1,2017, through September 30, 2019; and
WHEREAS the competitive grant award provides funding to deliver a full range of housing counseling
services to help housing consumers improve housing conditions and meet the responsibilities of home
ownership and tenancy through home purchase counseling, mortgage default and foreclosure assistance,
Home Equity Conversion Mortgage Program (Reverse Mortgage) counseling, landlord/tenant responsibility
information, subsidized housing referral, home improvement resources, financial coaching and fair housing
information; and
WHEREAS grant funding will be used to partially support one (1) Special Revenue (SR) Full Time Eligible
(FTE) Housing Counseling and Homeless Services Supervisor position (1090680-03354); the position is
also supported by the Community Development Block Grant and Michigan State Housing Development
Authority (MSHDA) Housing Education Program personnel funds allocated to deliver housing counseling
services county-wide in accordance with the Federal Housing Counseling Program Grant guidelines; and
WHEREAS County funding is not required for this grant continuation; and
WHEREAS the grant agreement has completed the Grant Review Process according to the Board of
Commissioners Grant Procedures.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the
FY2018 Housing Counseling Program Grant Award in the amount of $49,574 for comprehensive housing
counseling services.
BE IT FURTHER RESOLVED that the FY2018 Housing Counseling Program Grant partially funds one (1)
current SR FTE Housing Counseling and Homeless Services Supervisor position (1090680-03354)
delivering housing counseling services.
BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future
commitment, and continuation of the special revenue position funded by the grant is contingent upon
continued future levels of grant funding.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the Board's
Chairperson and the County Executive to execute the grant agreement and to approve amendments and
extensions up to a fifteen (15) percent variance from the award.
Chairperson, on behalf of the Economic Development and Community Affairs Committee, I move the
adoption of the foregoing resolution.
wi Co issioner M „ al p n !strict #3
Chairperson, Economic Development and
Community Affairs Committee
ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS COMMITTEE
Motion carried unanimously on a roll call vote with Berman absent.
GRANT REVIEW SIGN OFF — Community & Home Improvement
Division
GRANT NAME: FY 2018 Comprehensive Housing Counseling Grant Program
FUNDING AGENCY: U.S. Department of Housing and Urban Development (HUD)
DEPARTMENT CONTACT PERSON: KaiTy Rieth 248 858-5403
STATUS: Grant Acceptance
DATE: October 30, 2018
Pursuant to Misc. Resolution 417194, please be advised the captioned grant materials have completed
internal grant review. Below are the returned comments.
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 Sign Off 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 REVIEW
Department of Management and Budget:
Approved. — Laurie Van Pelt (10/24/2018)
Department of Human Resources:
HR Approved (No HR Committee) Continues Position —Lori Taylor (10/24/2018)
Risk Management and Safety:
Approved by Risk Management. — Robert Frlenbeck (10/25/2018)
Corporation Counsel:
There are no unresolved legal issues with the grant agreement/acceptance. Thus, the agreement is approved
by Corporation Counsel. —Robert C. Rottach (10/30/2018)
M4PR
U.S. DEPARTMENT OF DOUSING AND URBAN DEVELOPMENT
Office of Housing Counseling
451 7th Street S.W. COMM
Washington, DC 20410
www.hud.2ov & esp aria bud, goy
A fi
OCT 2 3 2018
Kathy Williams
OAKLAND COUNTY HOUSING COUNSELING
250 Elizabeth Lake Rd Ste 1900
Pontiac, MI 48341-1035
October 17, 2018
SUBJECT: FY 2018 Housing Counseling Program Grant Award for FY 2018 grantees
Grant Number: HC180321050
Dear Kathy Williams,
I am pleased to inform you that OAKLAND COUNTY HOUSING COUNSELING
(Grantee) has been conditionally awarded a grant of $49,574.00 to conduct a housing counseling
program on behalf of the Department of Housing and Urban Development. This award is in
accordance with HUD's FY2018 Comprehensive Housing Counseling Grant Program Notice of
Funding Availability (FY18 NOFA) posted on grants.gov on July 3, 2018, and with the eligible
activities in the projected performance work plan submitted in your grant 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.
Funds for this grant award shall be used as follows:
Grant Type: COMPREHENSIVE COUNSELING
Grant Award: $49,574,00
Enclosed, you will find one copy of the Grant Agreement, Grant Agreement signature
page and Form HUD-1044 "Assistance Award/Amendment", for the category of funding
approved under the FY18 NOFA. Please sign and date all copies of the documents including the
signature on the last page of the Grant Agreement. Please return one signed copy of the Four!
HUD-1044, the signed signature page only of the Grant Agreement, and the required
documentation listed below by emailing scanned documents to your assigned government
technical representative (GTR) listed below within 15 business days of the date of this letter.
Retain the signed Grant Agreement and one copy of the original, signed Form HUD-1044 for
your records,
NOFA Requirements
Grantees that are required to complete a single or program-specific audit under 2 C.F.R.
200.501 must be in compliance with the audit filing requirements at 2 C.F.R. 200.501, and must
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have addressed all previous significant audit findings, if any, prior to signing the Grant
Agreement and Foul' HUD-1044 and returning the documents to HUD.
• If Grantee proposed pre-purchase counseling and/or homebuyer education activities,
Grantee is reminded that, pursuant to the Grant Agreement, Article IV, Statement of Work, A2
Provision of Services, to be considered eligible for reimbursement for one-on-one pre-purchase
counseling and homebuyer education, the housing counselor must provide to the client(s) a copy
of the following materials "For Your Protection Get a Home Inspection", (HUD Form 92564),
and "Ten Important Questions To Ask Your Home Inspector." Grantee and sub-grantees, if
applicable, by and through a housing counselor, must document these activities.
HUD will not fund services proposed in the projected performance work plan(s) that are
not within the scope of eligible services. The projected performance work plan must be
consistent with the most current housing counseling work plan on file with the appropriate HUD
office; that is, the Grantee cannot propose to provide services the Grantee is not approved to
provide.
Points of Contact
Also, please verify that HUD's Housing Counseling System (HCS) contains the correct
name, telephone number, and email address of the individual in your organization who will be
the dail3. contact person for HUD regarding your housing counseling program. Enter this
information under "Agency Contact for HUD Use" on the personnel screen of your agency's
HCS profile.
Required Documentation
In addition to the signed HUD-1044 and the signed signature page of the grant
agreement, as a condition of award, the following documents and/or information, if applicable,
must be submitted within 15 business days of the date of this letter:
1. Indirect Cost Rate Documentation. See 2 § 200.414 for a detailed explanation
of this requirement. If your organization has a Negotiated Indirect Cost Rate
Agreement (NICRA) and will apply indirect costs to this grant, please submit a copy
of the NICRA. Alternatively, if your organization has never received a negotiated
indirect cost rate (except for those non-Federal entities described in Appendix VII to
2 C.F.R. Part 200 — States and Local Government and Indian Tribe Indirect Cost
Proposals, paragraph D.1.b) and elects to charge a de minirnis rate of 10% of
modified total direct costs (MTDC) in accordance with 2 C.F.R. § 200.414, please
state so in writing in your response to this letter. If your organization does not incur
indirect costs, or will not apply them to this grant, please state so in writing in your
response to this letter.
1 Financial Management Systems. Grantees must submit documentation (e.g. a
certification from the executive director or other qualified professional)
demonstrating that the organization's financial management systems satisfy the
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requirements in the applicable regulations at 2 C.F.R. § 200.302. See the attached
excerpt for the requirements listed in 2 C.F.R. § 200.302.
3. Audit. Consistent with the requirements of the Single Audit Act (31 U.S.C. §§ 7501-
07), all grantees that expended $750,000 or more in Federal awards in the most recent
fiscal year must submit to HUD the audit documentation in accordance 2 C.F.R. part
200. Grantees that expended more than $0 and less than $750,000 in Federal awards
in the most recent fiscal year must submit a copy of the most recent independent
financial audit.
4. Code of Conduct. If not submitted as part of the relevant grant application, 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. See 24 C.F.R. Part 214 for information about the
Applicant's code of conduct and the prohibition against real and apparent conflicts of
interest that may arise among officers, employees, agents or other parties.
An applicant who has previously submitted a copy of its code of conduct will not be
required to submit another copy IF the information has not been revised and the
applicant is listed on HUD's Web site at
haps:Mt:H.1v, huti.g or/ pro k ram o ces/spm/gmontRuegrantsinfo/conductgrants
An agency not listed on the above website must submit a copy of its code of conduct
as a condition for award.
5. Projected Budget, Grantee must submit to HUD a comprehensive projected budget
listing all proposed expenses under the Grant using form HUD-424 CB and any
budget attachments necessary to itemize expenses. At a minimum, the budget must
include salaries, fringe and other benefits, travel, training, marketing, outreach and
indirect costs, as applicable to Grantee. The budget must account for how every dollar
being billed to the Grant will be spent, all expenses must be itemized, and all Grant
Funds must be accounted for in this Projected Budget. This projected budget must
also demonstrate the actual cost of service provision.
The budget may be submitted on form HUD-424 CB, or in the format of the
Grantee's choosing if the form HUD-424 CB does not provide enough detail. All
expenses must be itemized. If using form HUD-424 CB, entries relevant to the Grant
must be made in column 1, "HUD Share." If there are "other direct costs" on line
item h, please provide a breakdown of those costs on a separate page. The budget
must be signed and dated by an official who is authorized to legally bind the Grantee.
4
Unless the GTR states otherwise, once the grant is executed the budget submitted in
response to this letter will be considered the approved budget, and payment requests
under the grant must be in accordance with the approved budgetary line items. Any
deviation between a payment request and the approved budget must be explained in
detail and approved by the GTR.
intermediaries, Multi-State Organizations (MS0s) and State Housing Finance
Agencies (SEFAs) reimbursing sub-grantees and/or branches at a fixed rate per
counseling/education activity and type are not exempt from this requirement to
provide an itemized budget for expenses. All grantees and sub-grantees must be able
to demonstrate the actual cost of service provision. The amount that will be billed to
the grant cannot exceed the actual cost of providing the service.
Intermediaries, MS0s, and SHFAs must clearly explain the billing methodology that
will be employed to reimburse sub-grantees or branches (e.g., include the formula for
calculating a counselor's hourly rate attributed to the grant, or how each cost is
calculated for fixed-cost counseling/education activity). Intermediaries, MSOs and
SHFAs must also indicate the process that will be used to ensure that the fixed cost
reimbursement rate does not exceed the actual cost of providing the housing
counseling services for which sub-grantees and branches request reimbursement.
Intermediaries, MS0s, and SHFAs must also submit a detailed budget accounting for
how all administrative funds, if applicable, will be spent. In other words, how funds
not passed through to sub-grantees or allocated to branches but used to run the
program, will be spent by the Intermediary, MSO, or SHFA, including training,
travel, salaries, and indirect costs, if applicable.
6. Projections for Housing Counseling Grant Activities. For HUD to effectively
evaluate your performance on this award, and to ensure that our records are accurate,
please reconfirm or revise the proposed counseling activities you described in Factor
3 of your FY 2018 Housing Counseling Grant application that will be funded.
Please enter your projections in HCS under the "HUD-9902" menu item and select
Projections for NOFA-2018-1. Enter the number of housing counseling activities
that the grantee anticipates conducting with the FY2018 grant for each line in Section
8 — Households Receiving Group Education by Purpose, if applicable, and Section
9 Households Receiving One-On One Counseling by Purpose. The screen will
display the total values for each line item for the entire funding period. Then click on
the "Save as Draft" button.
Once you have saved your projections as a draft, please submit the total number of
households to be served with the grant (i.e. the Section 8 & 9 Total from your draft
projections) to your GTR via email. If approved, your GTR will enter the "Total
Negotiated Projections" and will contact your agency's Point of Contact with further
instructions.
5
Grantees will be required to submit actual achievements in the activities identified
above with each quarterly and final report in accordance with the reporting
requirements of the enclosed Grant Agreement. The information in the reports
provides the primary means through which HUD will monitor the ongoing
performance of its grantees.
7. Sub-allocation List. As a condition of award, Intermediaries, MSOs and SHFAs must
provide an updated list of sub-grantees and funded branches and their corresponding
sub-grants on the budget allocation screen in }{CS. Such Grantees must also provide
a brief explanation of how sub-award amounts for sub-grantees and branches were
determined. Grantees may request to amend their sub-grant list after awards are made
by submitting a written request and detailed justification to HUD as prescribed by
Article V, Part B-2 of the FY 2018 Housing Counseling Grant Agreement. Such
amendments will be approved at HUD's sole discretion.
8. Client Management System. As a condition of award, the Grantee must certify that
they, and all sub-grantees and funded branches, if applicable, utilize a client
management system (CMS) that meets HUD's requirements and interfaces with
HUD' s databases for the collection and submission of client-level data, form HUD-
9902, and agency profile information.
Intermediaries, MSOs and SHFAs must also list all relevant sub-grantees and the
CMS they utilize.
9. Return one signed copy of the Form HUD-1044 and the signed signature page only of
the Grant Agreement (signature required on the last page of agreement) within 15
business days of the date of this letter.
Documents, projections, and information must be scanned and emailed to your
assigned GTR:
Sheryl Welton
sheryl.d.welton@hud.gov
Department of HUD
Office of Housing Counseling
Once all information has been reviewed and approved by my staff, we will process the
award and establish an account for your organization. Information about procedures for
submitting an initial voucher can be found in the Grant Agreement.
Sincerely,
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If you have any questions or concerns, please contact Sheryl Welton, 313-234-7445.
We look forward to a productive partnership with your organization in helping to expand
affordable housing opportunities.
Brian Siebenlist
Director, Office of Policy and Grant Administration
Office of Housing Counseling
Enclosures: HUD-1044 (1)
Grant Agreement (1)
Grant Execution Checklist
Signature & Title Date (mmkicItyyyy Date (mmidd/yyyy)
Assistance Award/Amendment U.S. Department of Housing
and Urban Development
Office of Administration
1. Assistance Instrument 7 Cooperative Agreement X Grant
2.-IA- pe of Action . IN Award E Amendment
3, Instrument Number
NCI 80321050
4. Amendment Number 5. Effective Date of this Action
October 1,2017
6. Control Number
HC180321050
7. Name and Address of ReciOent .8, HUD Administering Office
OAKLAND COUNTY HOUSING COUNSELING U.S. Department of Housing and Urban Development
Office of Housing Counseling
250 Elizabeth Lake Rd Ste 1900 451 7th Street SW, Room 9224 Pontiac, MI 48341-1035 Washington, DC 20410
TIN NUMBER: 38-6004876 Ba. Name of Administrator 8b. Telephone Number
DUNS NUMBER: 136200362 Brian Siebenlist 202-402-2209
10. Recipient Project Manager 9. HUD Government Technical Representative
Kathy Williams 248-858-1169 Sheryl Welton 313-234-7445
11. Assistance Arrangement 12, Payment Method 13. HUD Payment Office
X Cost Reimbursement p Treasury Check Reimbursement CFO Accounting Center/HUD Ti Cost Sharing Ei Advance Check PO Box 901013
Fixed Price X Automated Clearinghouse Fort Worth, TX 76101
14. Assistance Amount 15. HUD Accounting and Appropriation Data
Previous HUD Amount $ ' 15a. Appropriation Number 15b. Reservation number
HUD Amount this action $49,574.00 6618/190156 HC180321050
Total HUD Amount $49 574 00 Amount Previously Obligated $
Recipient Amount $ Obligation by this' action . $49,574.00
Total Instrument Amount $49_,574.00 Total Obligation $49,574.00
16, Description
FY 2018 - HOUSING COUNSELING GRANT VOUCHER UNDER LOCCS BUDGET LINE ITEM 9500.
GRANT TYPE: COMPREHENSIVE COUNSELING
LOCCS Draw Down expiration Date: 3/31/2020
Period of Performance: 10/1/2017 to 913012019
17. X Recipient is required to sign and return three (3) copies 18. 1 Recipient is not required to sign this document.
of this document to the HUD Administering Office
19. Recipient (By Name)
OAKLAND COUNTY HOUSING COUNSELING
20. HUD (By Name)
Brian Siebenlist
Director, Off 1c6 of Policy'and Grant 10/17/2018
Administration
form HUD-1044 (8/90)
ref. Handbook 2210.17
UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
HOUSING COUNSELING PROGRAM
FISCAL YEAR 2018 GRANT AGREEMENT
TABLE OF CONTENTS
ARTICLE I – GENERAL 2
ARTICLE II –DEFINITIONS 3
ARTICLE lIT – PERIOD OF PERFORMANCE 4
ARTICLE IV– STATEMENT OF WORK 5
ARTICLE V – SUBCONTRACTS AND SUB-GRANTS 10
ARTICLE VI – ADMINISTRATIVE REQUIREMENTS 11
ARTICLE VII – INSPECTION AND ACCEPTANCE 12
ARTICLE VIII – CONDUCT OF WORK 12
ARTICLE IX – PRICE 12
ARTICLE X – PAYMENT REQUESTS 14
ARTICLE X1—REPORTING 17
ARTICLE XII – CONFLICTS OF INTEREST 20
ARTICLE XIII – SECURITY OF CONFIDENTIAL INFORMATION 21
ARTICLE xrv - DEFAULTS AND REMEDIES 21
ARTICLE XV – AMENDMENTS 23
ARTICLE XVI – RECORD KEEPING AND AUDITING 23
ARTICLE XVII – DISPUTES 24
ARTICLE XVIII – AUDIT REQUIREMENTS 24
ARTICLE XIX – DEBARMENT AND SUSPENSION 25
ARTICLE XX – DRUG-FREE WORK PLACE REQUIREMENTS 25
ARTICLE XXI – LOBBYING RESTRICTIONS 25
ARTICLE XXII – NONDISCRIMINATION REQUIREMENTS 26
ARTICLE XXIII – MISCELLANEOUS 27
FY 2018 Housing Counseling Grant Agreement – LHCAs
THIS GRANT AGREEMENT ("Agreement") is made between the United States
Department of Housing and Urban Development ("HUD" or "Grantor") 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) as amended and the Consolidated Appropriations Act of 2018
(Pub. L. 115-141). The purpose of this Agreement is to set forth the terms and conditions under
which HUD will provide federal financial assistance to Grantees to carry out a HUD-approved
Housing Counseling Program under the Act.
This Agreement is governed and controlled by the following applicable Federal laws,
regulations, and documents, which are incorporated by reference, as they may be amended from
time to time:
1. Housing Counseling Program regulations contained in 24 C.F.R. Part 214;
2. Section 106 of the Housing and Urban Development Act of 1968 (12 U.S.C. §1701x)
as amended;
1 All other applicable Federal Laws, Regulations, and OMB Circulars;
4. Consolidated Appropriations Act of 2018 (Pub. L. 115-14 .1);
5. Notice of Funding Availability (NOFA) for the Department's Fiscal Year 2018
Comprehensive Housing Counseling Grant Program ("Housing Counseling NOFA"),
available at: b tips ://www.huclexclia i nfo/pro gyam sing.-counse cl/nofaillfv-
20 8-nofa
6. HUD Handbook 7610.1 REV-5, Housing Counseling Program, as amended;
("Handbook 7610,1 REV-5"), available at:
http://nortal.hud ,g-ov/hudoortal/HUD?src—iproi4rain offices/admin i strati on/hucicl ips/
ha nd books/hsgh/7610.1
7. Any Mortgagee Letter or Housing Notice concerning housing counseling in
connection with FHA programs, available
at:bitp://portal.hud.Rov /huci porta VIAUD?sre---/pro .uario_offi ces/adin in Lstration/hudelip
siletters/mortgagee, and
littp://,Dorta hud. gov/hudnortal/H Ufrsi.c.—/nroi-4rana o ces/adrri istrati on/liudc ips/
noticesilisg,
8. Grantee's application submission, including the application, certifications,
assurances, and documentation, to the extent consistent with applicable laws, the
FY 2018 Housing Counseling Grant Agreement —LHCAs Page 2 of 28
Housing Counseling NOFA, if applicable, this Agreement, and Handbook 7610.1
REV-5;
9. Form HUD-1044, Assistance Award/Amendment;
10. Grantee's current HUD-approved Housing Counseling Work Plan. A participating
agency's plan to provide specified housing counseling activities and services in a
specified geographic area to resolve or mitigate identified community needs and
problems as defined in 24 C.F.R. § 214.3 and Handbook 7610.1 REV-5;
11. Projected Performance Work Plan. The applicant's proposed plan and budget for
expending Grant Funds awarded pursuant to the Housing Counseling NOFA.
Grantee agrees to carry out eligible activities under this Agreement; and
12. Grants Oversight and New Efficiency ("GONE") Act, Pub. Law 114-117, available
at: 11 ups ://www.con q,-ress. L.,ov/1 4/pi aws/pubil I 7/I)LAW- I. 4pub 1 1 l 7 .pdf.
ARTICLE II
DEFINITIONS
A. "Action Plan" means the plan that outlines what the Local Housing Counseling Agency
and the Client will do in order to meet the Client's housing goals and, when appropriate,
addresses the Client's housing problem.
B. "Branch" means an organizational and subordinate unit of a Local Housing Counseling
Agency ("LHCA") not separately incorporated or organized that participates in HUD's
Housing Counseling Program. A Branch must be in good standing under the laws of the
state where it proposes to provide housing counseling services. A Branch cannot be a
.Sub-grantee or, Affiliate.
C. "Client" means an individual or household who seeks the assistance of an agency
participating in HUD's Housing Counseling program to meet a housing need or resolve a
housing problem.
D. "Client Counseling File" means the individual file maintained by the housing
counseling agency for each counseling Client that documents the Action Plan and the
services provided to the Client. Grantees must maintain Client Counseling Files in
accordance with HUD Handbook 7610.1-REV-5.
E. "Expired Grant" means a grant award that has reached the end of its period of
performance, including any extensions, and has been expired for more than two years.
F. "Government Technical Monitor" or "GTM" means the HUD staff person that
monitors the activities of housing counseling Grantees. This individual may be appointed
to assist the Government Technical Representative ("GTR"). The GTR may delegate
FY 2018 Housing Counseling Grant Agreement — LHCAs Page 3 of 28
duties to the GTM. The GTM may also be referred to as the HUD Point of Contact
(POC).
G. "Government Technical Representative" or "GTR" means the HUD staff person that
monitors the activities of housing counseling Grantees. This individual is 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 may also be referred to as the HUD Point of Contact (POC).
H. "Grant Agreement" means this Agreement.
1. "Grantee" means the HUD-approved counseling agency that receives housing
counseling funds from HUD pursuant to this Agreement. The term "Grantee" includes
the Branches identified in the Grantee's Housing Counseling NOFA Application.
J. "Grant or Grant Funds" mean the federal funds provided by HUD for the purposes
outlined in this Agreement.
K. "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.
L. "Housing Counseling Work Plan" means a Grantee's plan to provide housing
counseling activities and services in a specified geographic area to resolve or mitigate
identified community needs and problems as defined in 24 C.F.R. § 214.3 and Handbook
7610.1 REV-5.
M. "Local Housing Counseling Agency" or "LHCA" means a housing counseling agency
that directly provides housing counseling services. An LHCA may have a main office,
and one or more branch offices, in no more than two contiguous states.
N. "Projected Performance Work Plan" means the Grantee's proposed plan and detailed
projected budget for expending all Grant Funds awarded pursuant to the Housing
Counseling NOFA.
0. "Undisbursed balance" means the unliquidated obligation amount that remains
available for expenditure on an expired award before it is closed out.
P. Other pertinent definitions located in the Housing Counseling NOFA, 24 C.F.R. Part 214,
and Handbook 7610.1 REV-5, as amended, are applicable to this Agreement.
ARTICLE HI
PERIOD OF PERFORMA_NCE
A. Period of Performance. The Period of Performance shall begin on October 1, 2017 and
expire at 11:59:59 p.m. Eastern Time on September 30, 2019.
FY 2018 Housing Counseling Grant Agreement— LHCAs Page 4 of 28
B. Extensions. The Grantee does not have the authority to extend the Period of
Performance without the prior written approval of HUD. 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 justify and explain the necessity of the
requested extension, the specific time frame of the proposed extension, and 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. Only the GTR is
authorized to approve extension of the Period of Performance for up to 12 months. This
one-time extension may not be exercised merely for the purpose of using unobligated
balances.
ARTICLE IV
STATEMENT OF WORK
A. Housing Counseling Services.
1. Scope of Services. The housing counseling services proposed in the Grantee's
Projected Performance Work Plan(s) represents the scope of services under this
Grant. The Grantee will submit projections for the number of Clients to be served
under the Grant at the time of Grant execution and submit the projections to the GTR
for approval. Once approved, any modifications to the Client projections must be
approved by the GTR via the Housing Counseling System. Grant Funds shall be used
only for the eligible activities described in Section TILE, of the Housing Counseling
NOFA. HUD will not fund services proposed in the Projected Performance Work
Plan(s) that are not within the scope of eligible services.
A Grantee must receive approval from the GTR before implementing any changes in
the Projected Performance Work Plan(s) proposed in its application. A Grant awarded
under the Housing Counseling NOFA is not intended to cover the total cost of
carrying out a 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 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. When there is a change in
the management staff or housing counselors responsible for the Grantee's housing
counseling program, the Grantee must notify GTR in writing within fifteen (15)
business days of the change. Grantee must be knowledgeable about HUD housing
programs, including Federal Housing Administration (FHA) programs, housing
programs available in the community and the local housing market in which the
Grantee operates, and discuss these programs with Clients, along with other viable
alternatives, when applicable and appropriate.
FY 2018 Housing Counseling Grant Agreement — LHCAs Page 5 of 28
2. Provision of Services.
To be considered eligible for reimbursement for one-on-one counseling conducted by
an employed-housing counselor, the Grantee and Branches, if applicable, must
perform and document these activities through the participating agency's HUD
compliant client management system:
• Third Party Authorization/Privacy Policy Statement — The housing
counselor must secure third party authorization from prospective counseling
recipients that allow the Grantee to submit to HUD client level data related to
Grant activity, and if applicable, allow access to Client Counseling Files for
purposes of grant oversight and Housing Counseling Program compliance.
The housing counselor must also communicate to prospective counseling
recipients a privacy policy statement that clearly defines the intended uses and
discloses HUD's access to protected information for oversight purposes in the
Housing Counseling Program. A copy of the signed acknowledgment of
receipt of this policy from Clients counseled in a face-to-face setting must be
maintained in each Client Counseling File. The date that the third-party
• authorization/ privacy policy statement was verbally provided to the Client
during telephone counseling must be documented in the Client Counseling
File.
• Budget / Financial Analysis — The housing counselor must review the
Client's income, expenses, spending habits, and use of credit to evaluate their
unique financial situation relative to their housing needs.
• Housing Analysis — The housing counselor must review the Client's housing
needs, current housing quality, and housing affordability relative to their
financial capability.
• Action Plan - Except for reverse mortgage counseling, the housing counselor
and Client must establish an Action Plan that outlines actions the housing
counseling agency and Client will do in order to meet the Client's housing
goals and, when appropriate, addresses the Client's housing problem(s).
• Discuss Alternatives — The housing counselor must identify and discuss with
the Client at least three (3) alternatives or options available to the Client,
including FHA programs and products if applicable, relevant to the specific
housing need.
• Follow-up — The housing counselor must make a reasonable effort to have
follow-up communication with the Client to ensure that the Client is
progressing toward his or her housing goal(s), to modify or terminate housing
counseling services, and to determine and report outcomes. For additional
guidance concerning follow-up timelines, refer to the Housing Counseling
Handbook 7610.1 REV-5, Section 3-5(F).
• Home Inspection Materials - During the course of pre-purchase counseling
and/or hornebuyer education the Client(s) must be provided a copy of the
following materials: "For Your Protection Get a Horne Inspection" (HUD
Form 92564), haps://www.hud.g,ovisites/documents/92564-CN.PDF and "Ten
FY 2018 Housing Counseling Grant Agreement — LHCAs Page 6 of 28
Important Questions to Ask Your Home Inspector" at
liftns ://www.hud exchange . i nfo/resouices/docum eats/10-1m portant- Questio s-
to-Ask-Your-Home-In spector.pdf
• Lead Based Paint Requirements - When providing education or counseling
on buying or renting housing that may include pre-1978 housing, when
required by regulation or policy, inform clients of their rights under the Lead
Disclosure Rule (24 CFR part 35, subpart A), and, if the focus of the
education or counseling is on rental or purchase of HUD-assisted pre-1978
housing, the Lead Safe Housing Rule (subparts B, R, and, as applicable, F -
M).
To he considered eligible for reimbursement for group education, Grantee or Branch
must provide formal classes (in person and remote) with established curriculum and
instructional goals.
When providing the eligible housing counseling services, Grantee shall:
(i) Coordinate with HUD, mortgagees, and public and private community
organizations that are also working with the Client in order to provide
maximum service to the Client.
(ii) Refer Clients, as appropriate, to other community service organizations,
(iii) Provide housing counseling services on a priority basis to low and moderate-
income Clients.
(iv) 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.
(v) Provide specialized counseling on shared housing or referrals to organizations
providing such counseling and information on available housing for sharing.
(vi) Provide counseling offices and services that are accessible to persons with a
wide range of disabilities.
(vii) Assist Clients with locating suitable housing within Grantee's community,
target area, or metropolitan areas as defined by Grantee.
3. Mandatory Referrals. Grantee agrees to serve all individuals referred to them by
HUD or other participating agencies, unless the individual seeks assistance in an area,
or in a format, in Which the Grantee is unavailable, does not have expertise, lacks
sufficient resources, or does not have a counseling session available during the time
period sought by the individual.
FY 2018 Housing Counseling Grant Agreement — LHCAs Page 7 of 28
B. Requirements.
1. Programmatic Requirements. Grantees must comply with Housing Counseling
Program requirements including but not limited to the Housing Counseling Program
regulations codified at 24 C.F.R. Part 214 and HUD Handbook 7610.1 REV-5.
2. Client Management System ("CMS"). Grantee must utilize a CMS that meets
HUD's requirements as listed in Handbook 7610.1 REV-5, interfaces with HUD's
databases for the collection and submission of Client-level data, Form HUD-9902,
and agency profile information. All Grantees are required to use a CMS compliant
with ARM 4.0 version.
Additionally, Grantee must capture all mandatory data elements and provision of
services outlined in Article IV.A,2, and complete all required data fields as defined by
Handbook 7610.1 REV-5.
3. Housing Counseling System ("HCS"). Contact information for all Grantees and
Branches, where applicable, that provide direct services will be maintained on HUD's
list of housing counseling agencies and toll-free hotline. This List will include
separate contact information for each Branch. Grantee must ensure that all agency
profile data, and any sub-allocation data recorded in HUD's HCS, is correct, current,
and updated in a timely manner when changes occur.
4. HUD-funded Housing Counseling Program Evaluation. Grantee is required to
coordinate and cooperate with HUD staff in research and evaluative studies related to
the Housing Counseling Program and Grant Funds.
5. Disclose Investigations. Grantees are required to report to HUD within thirty (30)
calendar days if Grantee is subject to unresolved findings as a result of HUD or other
government audit or investigations. See 24 C.F.R. Part 214.
6. HUD Oversight. Grantee must cooperate with all HUD oversight activities, requests
for access to facilities, requests for access to agency's CMS, and requests for
information, including, but not limited to, complete Client Counseling Files and
Client-level data. Oversight may include, but is not limited to, remote inspection of
Client Counseling Files, on-site performance reviews by HUD staff or designee, and
mystery shopping. If Grantee, including those agencies that provide legal services,
has other obligations that require Client information to be kept confidential, Grantee
must take measures to ensure that HUD has access to Client Counseling Files and
information for audit and oversight purposes that demonstrates to the satisfaction of
HUD that the Grantee is in compliance with 24 C.F.R. Part 214, HUD Handbook
7610.1 REV-5, and the requirements of this Grant Agreement.
7. Projected Budget. Grantee must submit to HUD a comprehensive projected budget
listing all proposed expenses under the Grant using form HUD-424 CB and any
budget attachments necessary to itemize expenses. At a minimum, the budget must
include salaries, fringe and other benefits, travel, training, marketing, outreach and
indirect costs, as applicable to Grantee. All expenses must be itemized, and all Grant
FY 2018 Housing Counseling Grant Agreement— LHCAs Page 8 of 28
Funds must be accounted for in this Projected Budget. This projected budget must
also demonstrate the actual cost of service provision.
8. Payment to Grantee from Lender. HUD Housing Counseling Program regulations
at 24 C.F.R. § 214.313 permit Grantees to receive payments from a lender for housing
counseling services (with the exception of reverse mortgage counseling services)
provided that the level of payment received is commensurate with the services
provided and does not violate RESPA.
9. Assurances and Certifications. By signing form HUD-1044, the cover to this Grant
Agreement, Grantee renews the assurances and certifications made with its
application for HUD-approval (form HUD-9900 available at
littps://ww exchange. nfo/reso urce/4 7 2 I /foryn-hud 9900-appl 'cation/
Specifically, Grantee assures HUD that the Grantee and its Branches, if applicable,
will:
a. Administer the housing counseling in accordance with Title VI of the Civil Rights
Act of 1964, Title VIII of the Civil Rights Act of 1968, Executive Order 11063,
Section 504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of
1975.
b. Provide housing counseling services without sub-agreements with other agencies
(with the exception of education provided through web-based technology) for the
delivery of all or any part of the services in our proposed Projected Performance
Work Plan as approved by HUD.
c. Represent Clients without any conflict of interest by Grantee, paid and volunteer
staff, or board members that may compromise the Grantee's ability to fully
represent in the best interests of the Client in accordance with HUD Handbook
7610.1 REV-5.
d. Meet all local, state, and federal requirements necessary to provide housing
counseling services, including the management and liquidation services, if
applicable.
e. Comply with the fee guidelines set forth in Handbook 7610.1 REV-5 or as
otherwise proscribed by HUD.
f. Accept all Clients that the agency has the capacity to serve.
Grantee and all its Branches by incorporation certifies:
g. That it is acting on its own behalf and is not under the influence, control, or
direction of any outside party such as a landowner, real estate broker, contractor,
builder, lender, or consultant seeking to derive a profit or gain from our Housing
Counseling Program Clients.
h. That it meets the applicable accessibility requirements of Section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. § 794), 24 C.F.R. Parts 8 and 9, and the
FY 2018 Housing Counseling Grant Agreement •— LHCAs Page 9 of 28
Americans with Disabilities Act (42 U.S.C. § 12101 et seq.) and that Grantee's
facilities provide accessibility features for persons with disabilities and elderly
persons, or will arrange to meet with such persons at an alternative accessible
location or format.
That no Grantee, nor any employee, board member, or partner has been
suspended, debarred, or otherwise restricted under the Departments or any other
federal regulation. (See 24 C.F.R. Part 214.)
That no Grantee, nor any employee, board member, or partner, has been indicted
for, or convicted of, a criminal offense that reflects upon the responsibility,
integrity, or ability of the agency to participate in housing counseling activities.
An offense includes any criminal offense that can be prosecuted at a local state, or
federal level.
k. That no Grantee, nor any employee, board member, or partner, is subject to
unresolved findings as a result of HUD or other government audit or
investigations. (See 24 C.F.R. Part 214.)
1. That Grantee, and any employee, board member, or partner, meets all HUD
Housing Counseling program approval requirements outlined in HUD Handbook
7610.1 REV-5 and 24 C.P.A. Part 24.
m. That no Grantee has been, or employs an individual who has been, convicted of a
violation under federal law relating to an election for Federal office (as defined in
Pub, L. 111-203, 124 Stat. 1376 (July 21, 2010)).
.n. That the Grantee meets the applicable requirements set forth in 2 C.F.R. §§
200.112, 200.302, 200.303, and 200.318(c), as well any other applicable
requirements under 2 CFR Part 200.
ARTICLE V
SUBCONTRACTS AND SUB-GRANTS
A. General Prohibition. As prescribed by HUD's regulations at 24 C.F.R. § 214.103(i), 2
C.F.R. 200.308 and the Housing Counseling NOFA, a Grantee shall not sub-grant,
transfer, or contract any of the work under this Agreement nor obtain the services of a
third party to perform activities that are essential 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. Notwithstanding this general prohibition, a
Grantee may sub-grant, transfer, or subcontract if any of the following exceptions apply:
1. HUD approves the sub-grant, transfer, or subcontract.
2. The sub-grant, transfer, or subcontract is for web-based education services.
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
FY 2018 Housing Counseling Grant Agreement — LHCAs Page 10 of 28
prohibition applies, Grantee shall comply with the applicable procurement
standards in HUD regulations at 2 C.F.R. Part 200 and all other requirements.
B. Payment Limitations to Consultants. FY 2018 Grant Funds may not be used to pay or
to provide reimbursement for payment to a consultant, whether retained by the federal
government or the Grantee, at a rate more than the equivalent of General Schedule 15,
Step 10 base pay rate for which the annual rate for FY 2018 is $136,659. The hourly rate
is $65.48.
ARTICLE VI
ADMINISTRATIVE REQUIREMENTS
A. Grantees that are a non-profit organization, institution of higher education, or hospital
shall be subject to the following administrative requirements as they may be amended:
1. Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards, 2 C.F.R. Part 200.
B. Grantees that are a State, local or federally recognized Indian Tribal government shall be
subject to the following administrative requirements as they may be amended:
1. Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards, 2 C.F.R. Part 200.
C. Organizational Changes. Mergers, acquisitions, or other changes in form or
organizational structure must be reported to the GTR within 15 days, as defined in 24
CFR 214.305. In the case of a simple name change, HUD may make the award in the
name of the newly named entity. In the case of a merger, the new or merged entity may
be eligible to receive Grant Funding made to the original Grantee, provided that the
surviving entity meets HUD requirements, including but not limited to:
• The surviving entity receives HUD approval as a housing counseling agency pursuant
to 24 C.F.R. Part 214.The surviving entity demonstrates that its application for HUD
approval, Housing Counseling Work Plan, target community, and personnel are
substantially similar to that of the original Grantee.
D. Succession Plans. Grantee shall make a succession plan available to HUD upon request.
Grantee will cooperate and make all reasonable efforts to facilitate the continuation of
housing counseling services to the communities served either directly by Grantee or
through Grantee's Branches as required by the Succession Plan submitted with the
Grantee's NOFA Application.
E. Leveraged Resources. Grantee shall maintain, and make available to HUD upon
request, evidence that non-federal leveraged resources cited in Grantee's NOFA
application were actually provided to Grantee,
FY 2018 Housing Counseling Grant Agreement — LHCAs Page 11 of 28
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.
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 Agreement and
Grantee's NOFA Application, 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
H1JD4044 ("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 HUD4044. All Grants under this Agreement shall be
made on a cost reimbursement basis.
C. Prior AnurovalReuuired for Revisions to Projected Performance Work Plan and
Budget. Grantee shall report and request prior approval from HUD for deviations from
Projected Performance Work Plan and Budget in accordance with the applicable
regulations at 24 C.F.R. Part 214 and 2 C,F.R Part 200 and other applicable HUD
requirements.
D. Cost Reimbursement. Grantee shall comply with the applicable regulations 2 C.F.R.
§200.305.
FY 2018 Housing Counseling Grant Agreement— LHCAs Page 12 of 28
I. Allowable Costs, HUD shall pay Grantee, up to the Maximum Grant Amount as
stated in the Housing Counseling NOFA for Allowable Costs. Grantee is prohibited
from using any part of this Grant to satisfy a delinquent federal debt.
Allowable costs include salary expenses incurred while counselors are participating in
training or courses related to their position at the housing counseling agency.
Allowable Costs are those 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 Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal
Awards, 2 C.F.R. Part 200. Grantee must obtain prior written approval for
certain costs as outlined in 2 C.F.R. §200.407. If these regulations are
revised or clarified during the period of performance of this Agreement
the most recent revision or clarification 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 Agreement. If Grantee's cognizant agency issues an adjustment from a
provisional rate to the final rate provided that is applicable during the grant period,
and (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 ninety (90) or more calendar days before the expiration or termination of
the Grant, the final rate issued by the cognizant agency shall apply. If Grantee's
cognizant agency issues an adjustment from a provisional rate to the final rate that is
applicable during the grant period, and (1) such adjustment 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, the final rate issued by the cognizant
agency may apply. Indirect cost rates must be negotiated and approved by the
Grantee's cognizant agency for audit. Indirect cost rates must be applied to the proper
base.
Alternatively, any non-Federal entity that has never received a negotiated indirect
cost rate, except for those non-Federal entities described in Appendix VII to 2 C.F.R.
Part 200 — States and Local Government and Indian Tribe Indirect Cost Proposals,
paragraph D.1.b, may elect to charge a de minimis rate of 10 percent of modified total
direct costs (MTDC) which may be used indefinitely. As described in 2 CFR 200.403,
costs must be consistently charged as either indirect or direct costs but may not be
double charged or inconsistently charged as both. Once an organization elects to use
the de minimis rate, the organization must apply this methodology consistently for all
Federal awards until the organization chooses to negotiate for a rate, which the
FY 2018 Housing Counseling Grant Agreement — LHCAs Page 13 of 28
organization may apply to do at any time. Documentation of the decision to use the de
minimis rate must be retained on file for audit.
3. Period of Availability of Funds. Grantee may charge to the Grant only Allowable
Costs resulting from obligations incurred during the Period of Performance.
4. Profits. No fee, profit, or other increment above allowable costs shall be paid to
Grantee.
E. Grantees with Multiple Sources of Funding. Grantee shall not be reimbursed by HUD
under this Agreement for time spent providing services that are directly or indirectly
reimbursed from any other source, including fees. 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. For oversight purposes,
HUD reserves the right to request from Grantee, and other stakeholders if applicable,
Grant reporting data and information related to non-HUD sources of funding (to verify
that HUD is not reimbursing Grantees for activities being billed to another source of
funding, for example).
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 Grant Funds awarded under this
Agreement shall be used in accordance with the terms of this Agreement, the Grantee's
Grant application as approved by HUD, the Housing Counseling NOFA, Handbook
7610.1 REV-5, applicable Federal laws and regulations, and 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 2 C.F.R. 200.207.
ARTICLE X
PAYMENT REQUESTS
A. General Payment Procedures. The forms referred to in this paragraph are available
from HUD's website at
https://www.hud. ov/prograrn offices/ad in in istration/hudc Ups/forms/ under the forms
section and, upon request, from HUD by contacting the GTR. The SF-I 199A form 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.
2. Each individual in Grantee's organization who will be authorized to access the
Electronic Line of Credit Control System (eLOCCS) to request funds under this
Agreement must request access authorization from HUD by submitting a Form HUD-
FY 2018 Housing Counseling Grant Agreement —1,HCAs Page 14 of 28
27054E, eLOCCS Access Authorization Form. A new Form HUD-27054E is not
required for any individual who currently has access to LOCCS for prior year Grant
Funds for the same Grantee. Grantees whose LOCCS access was suspended or
terminated, for example due to non-use, must also submit Form HUD-27054E to reset
their password or reinstate a user, or establish a new user.
3. Grantees are responsible for changing their LOCCS password once every sixty (60)
days. Termination of access due to password expiration will require resubmission of
Form HUD-27054E.
4. It is Grantee's responsibility to immediately notify the HUD POC when any
individual with current access to LOCCS is no longer employed by the Grantee
and/or should be denied access to Grant funds for any reason.
5. The GTR may provide additional instructions on accessing and using the LOCCS.
6. All vouchers for Grant payments must he submitted to HUD electronically through
form HUD-50080-CHC-a, eLOCCS payment voucher. A copy of the eLOCCS
voucher must also be transmitted to the HUD GTR by email at the time the request is
made through eLOCCS. The budget Line Item for this Grant is 9500. For LOCCS
purposes, the "Program Area" is "CHC". A record of each payment request must be
maintained in Grantee's files and be available for review by HUD upon request.
B. Payment Procedures for Cost Reimbursement Grants. Grantee shall comply with the
applicable standards for financial management and payment procedures in 2 C.F.R. 200,
Subpart D.
C. Timing and Amount of Payment Requests. HUD requires Grantees to draw-down
funds in conjunction with quarterly reports. As required by 2 C.F.R. 200.205, 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) business days of receiving the
funds from HUD, The GTR or GTM will process payment requests only upon receipt of
an acceptable quarterly or final report.
D. One-Time Exception to Quarterly Draw Downs. Grantees may draw down funds on
a one-time basis that does not coincide with the quarterly report if this Agreement is
executed on or after January 1, 2018. After Grantee enters into the Grant Agreement,
Grantee may draw down funds for reimbursement of retroactive housing counseling
activities that occurred in performance periods that were complete prior to execution of
the Grant Agreement. For example, if the Agreement is executed on February 2,2018,
then Quarter 1 (October 1, 2017 through December 31, 2017) was complete prior to
execution of the Grant Agreement and the Grantee could request reimbursement for
activities that occurred during Quarter 1. If the Agreement is executed June 15, 2018,
then Quarters 1 and 2 (October 1, 2017 through March 31, 2018) were complete prior to
execution of the Grant Agreement and the Grantee could request reimbursement for
activities that occurred during Quarters 1 and 2. This draw request must be submitted
not later than thirty (30) calendar days after execution of the Grant Agreement with a
FY 2018 Housing Counseling Grant Agreement— LHCAs Page 15 of 28
report that includes data items 1 through 7 as outlined in Article XI "Reporting", Section
A "Quarterly Performance Reports." Grantee should submit one report that reflects the
applicable quarters cumulatively.
E. Documentation of Expenses. Grantee must maintain source documentation of direct
costs, such as invoices, receipts, cancelled checks, documentation of personnel
expenses, and indirect cost rate agreements to support all LOCCS draw requests for
payment. In addition, Grantee must maintain a list of all Client Counseling File
numbers and group or group education file numbers attributed to the Grant in alpha or
numeric order. This list must indicate the activity attributed to the relevant quarter, the
cumulative total for the entire Grant year and the relevant counseling or education type.
Itemize for each Client and/or group education session on the list, the relevant counselor
arid/or other employee that provided service, the duration of the service provided in
hours and minutes, and the total amount of funds charged to the HUD Grant. The client
file list must also identify the branch or main office that served the client.
All Grantees must be able to demonstrate and document the actual cost of service
provision. The amount billed to the Grant cannot exceed the actual cost of providing the
service. Where Grant Funds are utilized for direct counseling services th Clients,
individual Client Counseling Files arid group education files must support the duration
of service billed to the grant.
Grantees must also document the methodology used for charging costs to the HUD
grant, such as employee benefits, travel, training, marketing, outreach and other
expenses that are not classified as indirect costs.
All information required to document expenses charged to the Grant must be made
available to HUD upon request and maintained for a period of at least three (3) years
after the expiration of the Grant period or date of last payment, whichever occurs first.
F. Documentation of Personnel Expenses. Charges to Federal awards for salaries and
wages must be based on records that accurately reflect the work performed and meet the
standards required in 2 C.F.R. Fart 200.430(i). The records must support the distribution
of employee's salaries and wages among specific activities or cost objectives if the
employee works on more than one Federal award; a Federal award and non-Federal
award; an indirect cost activity and a direct cost activity; two or more indirect activities
which are allocated using different allocation bases; or an unallowable activity and a
direct or indirect cost activity. Budget estimates (i.e., estimates determined before the
services are performed) alone do not qualify as support for charges to this Grant award.
Records must reasonably reflect the total activity for which employees are compensated.
G. 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 2 C.F.R. 200,
Subpart D.
H. Withholding of Funds. As established by the applicable regulations in 2 C.F,R. §
200.338, HUD may withhold payment or partial payment to a Grantee if any project
FY 2018 Housing Counseling Grant Agreement — LHCAs Page 16 of 28
objective, term or condition of this Agreement, or federal reporting requirement, is not
being satisfied, including reporting requirements such as: (1) completing Grant-specific
quarterly, midterm and final reports; (2) updating agency profile data in a timely manner
when changes occur; (3) submitting quarterly Client-level data; and (4) submitting Form
HUD-9902 data reflecting counseling activities attributable to all sources of funding.
These reporting requirements may be satisfied through the HCS and/or a CMS that
interfaces with HUD's databases, in which case the GTR or GTM will verify submission
through HCS.
HUD may also withhold payment or partial payment to Grantee if Grantee is suspended
or terminated from any other HUD Program, voluntarily or involuntarily placed on
inactive status, or suspended or terminated from HUD's Housing Counseling Program.
Overdue Reports. No payment requests shall be approved for a Grantee who has an
overdue or incomplete report until a complete report has been submitted by the Grantee
and approved by HUD, Late or incomplete reports may result in a performance review
finding, which may result in a reduction in grant application score and grant award
amount in subsequent Housing Counseling Program NOFAs.
J. Funds Recapture. HUD may recapture any unspent funds. Grantees are required to
cooperate with recapture requests, including any paperwork requests. HUD may utilize
recaptured funds in subsequent Housing Counseling NOFAs or in other way which
HUD is authorized to use recaptured funds.
ARTICLE XI
REPORTING
A. Ouarterly Performance Reports. Until the Grant has been fully expended, all
Quarterly Performance Reports are due according to the following schedule:
Performance Period
10/1/2017— 12/31/2017
1/1/2018 — 3/31/2018
4/1/2018— 6/30/2018
7/1/2018— 9/30/2018
10/1/2018— 12/31/2018
1/1/2019— 3/31/2019
4/1/2019— 6/30/2019
7/1/2019— 9/30/2019
Quarterly Performance Report Due Date
Not later than December 31, 2018
Not later than December 31, 2018
Not later than December 31, 2018
Not later than December 31, 2018
Not later than January 31, 2019
Not later than April 30, 2019
Not later than July 31, 2019
Not later than December 31, 2019
FY 2018 Housing Counseling Grant Agreement — LHCAs Page 17 of 28
The first Quarterly Perfoimance Report reflecting activity for each quarter plus
cumulative activity will be due 30 days after the end of the quarter in which the
Agreement was executed. (E.g. If the Agreement is executed October 15, 2018, the first
performance report is due not later than January 31, 2019.)
If the Grant has been fully expended, the Grantee must submit a final report as described
in Section B of this Article to close out the Grant.
Note that the above schedule does NOT affect the due dates for HUD-9902 Housing
Counseling Activity Reports. Unless otherwise notified by HUD, the HUD-9902 reports
will be due according to the typical schedule (i.e. Quarter 1 due 1131, Quarter 2 due 4/30,
Quarter 3 due 7/31, Quarter 4 due 12/31). The above grant reporting deadlines are
structured so that the grant Quarterly Performance Reports will not be due prior to the
applicable HUD-9902 report. In the event that the grant Quarterly Performance Report
(and applicable HUD-9902 HUD grant activity column data) is due later than the HUD-
9902 due date, the Grantee must submit the HUD-9902 data in the "All Counseling and
Education Activities" column according to the typical schedule and may update the
HUD-9902 report with the applicable "HUD Housing Counseling Grant" column data as
described in item 7 below at a later date when submitting the grant Quarterly
Performance Report.
Grantees must submit a separate report containing 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. Hourly rate. Identify each counselor or other employee whose time/activity is being
billed to the Grant, the individual's title, and the hourly billing rate used to calculate
reimbursement from HUD for that individual's time/activity. Explain the method
used for calculating hourly rates, e.g. whether benefits are included in the rate;
4. Fixed Price Reimbursement. Grantee must document actual expenses which must be
reasonable and cannot not exceed actual costs.
5. Staff hours. Indicate for each relevant counselor and other employee the total number
of hours being billed to the Grant cumulatively and for the quarter. For each
individual whose work time will be reimbursed from the Grant, multiply the relevant
hours by the relevant hourly rate (see item #3) and indicate the cumulative total and
total for the quarter;
6. Itemized Accounting of Actual Costs. Submit a detailed, comprehensive itemized
accounting of actual costs listing expenses for each distinct quarter, and the Grant
period to date, under the Grant. At a minimum, the accounting must include the
following as applicable: salaries, fringe and other benefits, training, marketing,
outreach and indirect costs. The accounting must itemize the expenditure of each
dollar being billed to the Grant. The itemized accounting of actual expenses may be
submitted on form HUD-424 CB, or in a format of the Grantee's choosing if the form
HUD-424 CB does not provide enough detail. Any deviation between the itemized
FY 2018 Housing Counseling Grant Agreement —LHCAs Page 18 of 28
accounting of actual costs and the budget submitted at the time of Grant execution
must be explained in detail and approved by the GTR.
7. Required Certification. In accordance with 2 C.F.R. § 200.415(a), include a
certification, signed by an individual who is authorized to execute the certification on
behalf of the Grantee, which reads as follows: "By signing this report, I certify to the
best of my knowledge and belief that the report is true, complete, and accurate, and
the expenditures, disbursements and cash receipts are for the purposes and objectives
set forth in the terms and conditions of the Federal award. I am aware that any false,
fictitious, or fraudulent information, or the omission of any material fact, may subject
me to criminal, civil or administrative penalties for fraud, false statements, false
claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729 —
3730 and 3801 3812)."
8. Form HUD-9902, Update the Form HUD-9902 electronically through the Housing
Counseling System (HCS) so that the appropriate HUD Housing Counseling Grant
Activity column reflects activity funded with the Grant Funds.
HCS will list the relevant columns for each reporting agency. Grant activity must be
reported in the appropriate column, according to specific Grant under which the
activity occurred'. Grant activity data may be submitted manually via Form HUD-
9902 in the HUD HCS or transmitted via a CMS if the CMS has the capability to
electronically transmit 1-IUD Grant activity data directly into the HUD HCS.
In the event that HCS does not contain separate columns for multiple grants during
the Period of Performance, grantees must report all activity attributable.to all HUD
Housing Counseling Grants in this single column. Grantees must also indicate in the
quarterly report narrative the total quantity of activity attributable to this Grant,
itemized by counseling and education type as they appear on Form HUD-9902.
Although the first report under this Grant does not occur until the fourth quarter,
Grantees must, at that time, enter activity attributable to the Grant in the quarter
during which it occurred. HUD will not consider retroactive updates of first, second,
third, and fourth quarter Grant activity data as late.
The, only housing counseling service types permitted are the categories listed in
Section 9 of the Form HUD-9902. The HUD-9902 Desk Guide is available on HUD
Exchange at https://www ,hudexcbaitge.infoiresource/4738/9902-form-and-
instructions/.
9. HECM Default Counseling Activities. Submit a detailed report indicating the total
number of default counselors providing default counseling for reverse mortgage
(HECM) borrowers during each quarterly reporting period, as well as in the fmal
report. The final report must also include details regarding the number of hours of
training in reverse mortgages for each counselor and the number of clients for which
HECM default counseling was provided by each counselor.
B. Final Report. A final report for the tvventy-four (24) month period ending September
30, 2019 is due ninety (90) calendar days after the Grantee has completed all Grant
FY 2018 Housing Counseling Grant Agreement — LHCAs Page 19 of 28 '
activities that will be funded under the Grant, but not later than December 31, 2019. The
final report must cover all activity conducted under the Grant. If applicable, explain why
established goals including approved HUD-9902 projections were not met, or why they.
were exceeded. Explain what, if any, new strategies and adjustments will be made to
improve performance in the future in order to better meet established goals and
projections.
In addition to the above information, Grantee must submit a narrative report of not more
than five (5) single-spaced letter-sized pages using a font size of no smaller than 12 or
larger than 14.. In the narrative report, Applicant must briefly summarize the outcomes of
the activities that Grantee proposed in Housing Counseling Chart El "Affirmatively
Furthering Fair Housing" of the Grant Application to address impediments to fair housing
choice. Applicant must also briefly describe the housing counseling oversight and
quality control activities conducted during the period of perfoimance, as Grantee
proposed in Housing Counseling Chart Fl "Oversight Activities." Additionally, Grantee
should also include in this narrative report items such 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. The final report shall also describe any action taken or contemplated, and any
assistance needed to resolve the situation.
In addition to the certification required in Section A.7 of this Article, the Grantee must
also submit with the final report a certification, signed by an individual who is authorized
to execute the certification on behalf of the Grantee, which states that all applicable
closeout activities required in 2 CFR § 200.343 have been completed.
C. Delinquent Reports. Submission of any reports required in this Article beyond the stated
due dates will be considered delinquent unless HUD grants a written extension.
D. Grants Oversight and New Efficiency (GONE) Act: Grantees with Expired Grants and
Undisbursed Balances at the end of the period of performance, must provide a narrative
description to the GTR explaining the challenges leading to delays in grant closeout.
ARTICLE XII
CONFLICTS OF INTEREST
A. General Requirements. Grantee and its Sub-grantees, if any, shall comply with all
programmatic disclosure and conflict of interest requirements at 24 C.F.R. Part 214, 2
C.F.R. § 200.112, and HUD Handbook 7610.1 REV-5, and any other applicable HUD
requirements. Grantee must provide to all clients a disclosure statement that explicitly
describes the various types of services provided by the agency and any financial
FY 2018 Housing Counseling Grant Agreement — LHCAs Page 20 of 28
relationships between this agency and any other industry partners. The disclosure must
clearly state that the Client is not obligated to receive any other services offered by the
organization or its exclusive partners. Furthermore, the agency must provide information
on alternative services, programs, and products.
B. ITUD 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 C.F.R. Part 4. To 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 C.F.R. § 4.11.
ARTICLE XIII
SECURITY OF CONFIDENTIAL INFORMATION
A. Security. Grantee shall secure all information regarding counseling of Clients, whether
such information is generated by the agency itself or received from outside sources. This
includes securing credit reports, information on current financial status, notes on
counseling sessions, and any other information regarding individual Clients. Grantee
shall not disclose such information to anyone other than HUD or other parties to whom
the Client consents release of the information.
B. Confidentiality. Grantee must ensure their CMSs protect the confidentiality of each
Client's personal and financial information, including credit reports, regardless of
whether the information is received from the Client or from another source, or is
collected electronically or on paper. Grantee must ensure that neither they nor their CMS
vendor discloses the information in the individual's Client Counseling File to anyone
except for authorized agency personnel and HUD. Any disclosure of Client information
requires the express permission of the counseling recipient whose information is to be
shared.
ARTICLE XIV
DEFAULTS AND REMEDIES
A. Special Conditions. In addition to the criteria provided in 24 C.F .R. Part 214, HUD may
impose additional requirements or special conditions on a Grantee, subject to 2 C.F.R.
Part 200, who demonstrates the characteristics or behavior specified in 2 C.F.R. §
200.207.
B. Events of Default. Each of the following shall be deemed an Event of Default:
FY 2018 Housing Counseling Grant Agreement — LHCAs Page 21 of 28
(1) any material failure by Grantee to comply with the terms and conditions of this Grant
Agreement, whether stated in a Federal statute, regulation, the Housing Counseling
NOFA, HUD Handbook 7610.1 REV-5, assurance, certifications, application, or notice
of award;
(2) Grantee is determined to have used grant funds provided through the Housing
Counseling program in a manner that constitutes a material violation of applicable
statutes and regulations, or any requirements or conditions under which these grant funds
were provided;
(3) Grantee's failure to expend Grant Funds in a timely manner if a cost reimbursement
Grant; •
(4) where applicable, Grantee's failure to maintain HUD-approved status during the Term
of this Agreement; and
(5) any misrepresentation in the Grantee's NOFA Application that, if known by HUD,
would have resulted in this Grant not being awarded.
C. Notice of D efault.
1. If Eventof Default occurs under sections B. (1), (3) - (5), 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 to be taken by the Grantee;
(3) the date by which the corrective action must be taken; and
(4) the consequences for failing to take corrective action. Grantee must comply with the
corrective action specified in the Notice of Default by the date specified.
2. If Event of Default occurs under section B. (2), the Grant Officer shall give Grantee
' written notice of the occurrence of the Event of Default. The Notice shall identify the
Event of Default. The Notice shall advise Grantee there is no opportunity to cure and any
attempted or completed corrective action, if any, by the Grantee will not remove or
mitigate the Event of Default.
FY 2018 Housing Counseling Grant Agreement — LHC As Page 22 of 28
D. 'IUD's Remedies.
1. If Grantee fails to comply with the corrective action specified in the Notice of Default with
respect to defaults under section B. (1), (3) - (5), HUD may take one or more of the following
actions: recover misspent funds, withhold Grant Funds, suspend the Grant, terminate the
Grant for cause, or take other remedies that may be legally available such as, but not limited
to remedies described in 24 C.F.R Part 214, 2 C.F.R. 200.338, the NOFA, and any other
applicable HUD requirements.
2. For Notice of Default with respect to default under section B. (2) HUD's remedies include:
(1) requiring that, within 12 months after the date of the determination of such misuse, the
Grantee shall reimburse HUD for such misused amounts and return to HUD any such
amounts that remain unused or unobligated for use; and
(2) notifying the Grantee that they shall be ineligible to apply for or receive further funds
under the. Housing. Counseling Program.
(3) imposing any other remedies that may be available under the law.
ARTICLE XV
AMENDMENTS
This Agreement may be amended at any time by a written amendment. Grantee shall
submit requests for amendments to the GTR. Amendments that affect the rights and obligations
of either party shall be executed by both the Grant Officer or its designee 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 unilaterally amend any provision of this
Agreement.
ARTICLE XVI
RECORD KEEPING AND AUDITING
A. Record Keepin2 Requirements. Grantee shall comply with the requirements for record
retention and access to records specified in the applicable regulations 24 C.F.R. §§
214.315, 2 C.F.R. §§200.333- 200.337, and other applicable record retention
requirements. Notwithstanding the record retention periods specified herein above, 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
. FY 2018 Housing Counseling Grant Agreement — LHCAs Page 23 of 28
under other applicable laws and regulations, including but not limited to, the
nondiscrimination regulations cited in Article XXII.
B. Type of Record Keeping System. Grantees may use any record keeping system
provided that the system chosen interfaces with HUD's database system for repotting
purposes, and lends itself to easy monitoring by HUD when conducting a performance
review of the Grantee's housing counseling activities.
C. Maintenance of Client Counseling Files. Client Counseling Files (including files on
group education Clients) must be maintained in accordance with HUD Handbook 7610.1
REV-5. Each Client must be assigned an identification number to be used for reporting
on housing counseling activities to HUD.
ARTICLE XVII
DISPUTES
A. 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. LHCAs
and Intermediaries shall submit their appeal to: U.S. Department of Housing and Urban
Development, Office of Housing Counseling, 451 7th Street S.W., Washington, DC
20410.
B. False Statements. A false statement in the Grantee's NOFA Application or Grant-
related documents and reports, may be grounds for denial or termination of the Grant and
punishable as provided in 18 U.S.C. §1001,
ARTICLE XVIII
AUDIT REQUIREMENTS
Grantee shall comply with the audit requirements of the Single Audit Act (31 U.S.C. §§
7501-07) and 2 C.F.R. Part 200, Subpart F Audit Requirements, including the associated
Compliance Supplement, as amended. The requirements of the Single Audit Act and 2 C.F,R.
Part 200, Subpart F shall supersede the requirements in HUD Handbook 7610,1 REV-5, dated
May 2010, for an audit every two years. All Grantees not required to complete a single or
program-specific audit under 2 C.F.R., Part 200, Subpart F, must submit their most recent
independent financial audit.
FY 2018 Housing Counseling Grant Agreement — LHCAs Page 24 of 28
ARTICLE XIX
DEBARMENT AND SUSPENSION
Grantee shall comply with HUD's requirements for participants at 2 C.F.R. Part 2424,
which include prohibiting Grantee from doing business to undertake the activities under this
Grant Agreement with persons who are excluded or disqualified from federal programs.
ARTICLE XX
DRUG-FREE WORK PLACE REQUIREMENTS
Grantee shall comply with HUD's requirements for recipients of financial assistance at 2
C.F.R. Part 2429, which requires Grantee to maintain a drug-free workplace and to take such
actions as publishing a drug-free workplace statement, establishing a drug-free awareness
program, and taking actions concerning employees convicted of violating drug statutes in the
workplace.
ARTICLE XXI
LOBBYING RESTRICTIONS
A. Prohibition Against Lobbying Activities. Grantees are subject to the provisions of
Section 319 of Public Law 101-121, 31 U.S.C. 1352 (Byrd Amendment), 24 CFR part 87
and 2 CFR 200.450, which prohibit recipients of federal awards and their contractors,
subcontractors, at any tier, and sub grantees at any tier from using appropriated funds for
lobbying the executive or legislative branches of the Federal government in connection
with a Federal award. In addition, grant funds under this NOFA shall not be utilized to
advocate or influence the outcome of any Federal, state or local election, referendum,
initiative or similar procedure or policy position through contributions, endorsements,
publicity or similar activity,
B. Certifications. As a precondition to receiving Grant Funds exceeding $100,000, a
Grantee shall certify using the Form HUD-50071, Certification of Payments to Influence
Federal Transactions, that it will comply with 24 C.F.R. Part 87, A Grantee shall submit
its certification to the GTR. The Form 1{UD-50071 is hereby incorporated into this
Agreement.
C. Disclosures. As required by 24 C.F.R. § 87.110, a 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 that
would be prohibited under 24 C.F.R. § 87.100(a) if paid for with appropriated funds.
These disclosures shall be updated as required by section 87.110(c). Grantee shall
FY 2018 Housing Counseling Grant Agreement — LHCAs Page 25 of 28
submit its disclosures to the GTR if not submitted at the time of application. 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 4248, 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.
I. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d-2000d-4) and
implementing regulations at 24 C.F.R. 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 rx of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-
88) and implementing regulations at 24 C,F.R. 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 C.F.R. 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. §§ 3601-619) and implementing regulations at
24 C.F.R. Part 100, Discriminatory Conduct Under the Fair Housing Act;
5. Executive Order 11063, as amended by Executive Order 12259, and
implementing regulations at 24 C.F.R. Part 107, Nondiscrimination and Equal
Opportunity in Housing Under Executive Order 11063;
6. Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-107) and implementing
regulations at 24 C.F.R. Part 146, Nondiscrimination on the Basis of Age in HUD
Programs or Activities Receiving Federal Financial Assistance;
FY 2018 Housing Counseling Grant Agreement — LHCAs Page 26 of 28
7. Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency and implementing Federal Register Notice 72 FR 2732, Final
Guidance to Federal Financial Assistance Recipients Regarding Title VI
Prohibition Against National Origin Discrimination Affecting Limited English
Proficient Persons; and
8. Equal Access to Housing in HUD Programs Regardless of Sexual Orientation OF
Gender Identity (77 FR 5562)
C. Requirements Applicable to Religious Organizations, Grantee must undertake its
responsibilities in accordance with the following principles:
1. Grantee 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 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, arid 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 (12 U.S.C.
§1701x) as amended and other applicable Federal Laws;
2. Applicable Federal regulations, including but not limited to 24 C.F.R. Part 214;
3. The Housing Counseling Program Comprehensive NOFA;
4. This Grant Agreement; and
5. HUD Handbook 7610.1 REV-5.
B. 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 ITUD's right to demand exact compliance with the terms of this Agreement.
C. Applicable Law. This Agreement shall be construed, and the rights and obligations of
the parties determined, in accordance with Federal law.
FY 2018 Housing Counseling Grant Agreement — LHCAs Page 27 of 28
By:
Name: Brian Siebenlisl
Title: Director, Office of Policy and Grant
D. Relationship of the Parties. No party to this Agreement 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.
E. 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 2
C.F.R. §§ 200.16, 200.343, and 200.344 describe Grantee's closeout requirements and
continuing responsibilities after the closeout of this Grant.
IN WITNESS WIIEREOF, each of the Parties has caused the following Housing
Counseling Program FY2018 Grant Agreement to be executed by its duly authorized officer or
agent. No alterations of the official version of the Housing Counseling Program FY2018 Grant
Agreement delivered by to Grantee have been accepted unless such change is
acknowledged by HUD through a signature on the page of the Grant Agreement containing such
change.
GRANTEE:
OAKLAND COUNTY HOUSING
COUNSELING
By:
Name:
Title:
HUD:
UNITED STATES DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT
' Administration
Date: Date:
FY 2018 Housing Counseling Grant Agreement — LHCAs Page 28 of 28
Office of Housing Counseling
FY 2018 Housing Counseling Award-Grant Execution Checklist
3 This is a checklist of required documents grantees must submit to execute their FY 2018 grant
awards. See enclosed award letter for detailed requirements of each item.
3 Grantees may use this checklist to make sure all appropriate documentation is included in your
response to the enclosed award letter.
3 An incomplete package will result.in a delay in your organization's ability to execute the grant
and access grant funding.
3 All relevant documents are due to your assigned Point of Contact (POC) within 15 business
days of the date of the enclosed award letter.
Form HUD-1044 and Grant Agreement SignatUre Page
• 0 One signed form HUD-1044
• El Signed signature page only of the Grant Agreement
Indirect Cost Rate Documentation
El Copy of Grantee's Negotiated Indirect Cost Rate Agreement (NICRA), OR
El Statement that Grantee has never received a NICRA and elects to charge a de rninimis rate of
10% of modified total indirect costs in accordance with 2 C.F.R. Part 200414, OR
LI Statement that Grantee does not incur indirect costs or will not apply them to this grant.
Financial Management Systems
CI Documentation (e.g. a certification from the executive director or other qualified
professional) demonstrating that the organization's financial management systems
satisfy the requirements in applicable regulations at 2 C.F.R. Part 200.302
Audit
D A copy of Grantee's single or program-specific audit (aka A-133 audit) for most recent
fiscal year for Grantees that expended $750,000 or more in Federal funds, OR
Li A copy of the most recent independent financial audit for Grantees that did not
expend $750,000 or more in Federal awards.
Code of Conduct
O Grantee has previously submitted its Code of Conduct, the information has not been
revised, and the Grantee is listed on HUD's website at:
https://www.hud.gov/program offices/spm/gmomgmt/grantsinfo/conductgrants
O Submit a written Code of Conduct that meets the requirements outlined in the enclosed
award letter. Grantees that have revised a previously submitted Code of Conduct
and/or do not appear on the website listed above must submit a copy of its Code of
Conduct
Projected Budget
U A comprehensive budget listing all proposed expenses under the Grant Seethe enclosed
award letter for detailed requirements.
Projections for Housing Counseling Grant Activities
El Enter projections in the Housing Counseling System (HCS) under the "HUD-9902" menu
item and select Projections for NOFA-2018-1. Save projections as draft. See item 5 of
the enclosed award letter for more detailed instructions.
O Email your GTR the total number of households to be served with the grant.
Sub-allocation list - Intermediaries, Multi-State Organizations (MS0s) and State Housing
Finance Agencies (SHFAs) Only
El Enter updated list of subgrantees and funded branches, and their corresponding sub-
allocations in HCS on the budget allocation screen.
Client Management System (CMS)
LI Grantee must submit a statement certifying that the organization and any subgrantees
and funded branches, if applicable, utilize a CMS that meets HUD's requirements and
interfaces with HUD's databases for the collection and submission of client-level data,
form HUD- 9902,. and agency profile information.
El Intermediaries, MSOs and SHFAs must also submit a list of all relevant subgrantees and
the CMS they utilize.
FISCAL NO1 (MISC #18403), December 6. 2018 BY: Commissioner Tom Middleton, Chairperson, Finance Committee
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS - COMMUNITY
AND HOME IMPROVEMENT DIVISION - FY2018 U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) HOUSING COUNSELING PROGRAM 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 Oakland County funding
in the amount of $49,574 for comprehensive housing counseling services performed during the
period October 1, 2017 through Septemeber 30, 2019.
2. The FY 2018 Housing Counseling Program Grant amount of $49,574 will be used in addition to
Community Development Block (CDBG) and Michigan State Housing Development Authority
(MSHDA) Housing Education Program Grant funds allocated to deliver housing counseling
services county-wide in accordance with Federal comprehensive housing counseling program
guidelines.
The FY 2018 Housing Counseling Program Grant will be used to fund a portion of the salaries
and fringe benefits for one (1) Special Revenue Full-Time Eligible Housing Counseling and
Homeless Services Supervisor position (1090680-03354).
4. No County match is required.
5. Acceptance of this grant does not obligate the County to any future commitment and continuation
of the grant is contingent upon future levels of grant funding.
6. FY 2019 Budget Amendment is recommended as follows:
Housing Counseling Grants (#29706) FY 2019
GR0000000859 COMHI Activity GLB, Analysis Type GLB, Bud Ref 2018
Resource Type: A
Revenue
1090680-132210-610313 Federal Operating Grants
Total Revenue
$49,574
$49,574
Expensditures
1090680-132210-702010
1090680-132210-722740
Salaries
Fringe Benefits
Total Expenditures
$29,744
$19,830
$49,574
Community Development Block Grants (#29701)
GR0000000837 COMHI Activity GLB, Analysis Type GLB, Bud Ref 2018
Resource Type: A
Expenditures
1090680-132210-702010
1090680-132210-722740
1090601-132210-731521
Salaries
Fringe Benefits
Public Services
Total Expenditures--)
($29,744)
($19,830)
$ 49,574
0
T f1'writ7t7ty------
tommissioner Tom Middleton, District #4
Chairperson, Finance Committee
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Kowall absent.
Resolution #18403 December 6, 2018
Moved by Kochenderfer supported by Bowman the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Crawford, Gershenson, Gingell, Hoffman, Jackson, Kochenderfer, KowaII, McGillivray,
Middleton, Quarles, Spisz, Taub, Tietz, Weipert, Woodward, Zack, Berman, Bowman. (18)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended
Consent Agenda were adopted (with accompanying reports being accepted).
I HEREBY APPROVE THEF:ESOLUTION
CHIEF DEPUTY CoUNTY EXECUTIVE
ACTING PURSUANT TO iv101.. 45.559A (7)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, 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 6,
2018, 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 6th day of December, 2018,
Lisa Brown, Oakland County