HomeMy WebLinkAboutResolutions - 2022.03.24 - 35384Arann
GOaxr S
COUNTY MICHIGAN
BOARD OF COMMISSIONERS e
March 24,2022
MISCELLANEOUS RESOLUTION #22-092
Sponsored By:Penny Luebs
IN RE:Health &Human Services -Neighborhood and Housing Development -Grant Acceptance with
the U.S.Department of Housing and Urban Development for the FY 2021 Comprehensive Housing
Counseling Program
Chairperson and Members of the Board:
WHEREAS the U.S.Department of Housing and Urban Development (HUD)has awarded the Department of
Health and Human Services,Division of Community &Home Improvement FY 2021 Comprehensive Housing
Counseling Program funds totaling $49,579 to conduct housing counseling services performed during the period
April 1,2021 through September 30,2022;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 meetthe 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 improvementresources,financial coaching and fair housing
information;and
WHEREASthe grant requires $49,579 to be used for counseling services;and
WHEREAS grant funds will be used to partially support one (1)Special Revenue (SR)Full Time Eligible
(FTE)Housing Counseling Supervisor position (1060701-03354);and
WHEREASthe grant will continue to support two (2)FTE SR funded N&HD Specialist —Senior positions
(#1060702-00730 and 10806);and
WHEREASCounty fundingis not required for this grant continuation;and
WHEREAS this 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 FY
2021 Comprehensive Housing Counseling Grant Program Grant Award totaling $49,579 to provide homebuyer
education,pre-purchase,financial capability and foreclosure services for Oakland County households.
BE IT FURTHER RESOLVED that housing counseling services will be performed in accordance with
National Industry Standards for Homeownership Education and Counseling.
BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future
commitment and continuation of the SR position is contingent upon continued future levels of grant funding.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the Board of
Commissioners Chairperson to execute the grant agreement and to approve amendments andextensionsup to a
fifteen percent (15%)variance from the original award.
BE IT FURTHER RESOLVED that the FY 2022 budget is amended perthe attached Schedule A,to reflect
the grant award of $49,579.
Chairperson,the following Commissioners are sponsoring the foregoing Resolution:Penny Luebs.
J Date:March 24,2022
David Woodward,Commissioner
ba Chub |Date:March 28,2022
Hilarie Chambers,Deputy County Executive II
‘
Lisa Brown,County Clerk /Register of Deeds
Date:March 29,2022
COMMITTEE TRACKING
2022-03-15 Public Health &Safety -Recommend to Board
2022-03-24 Full Board
VOTE TRACKING
Motioned by Commissioner Penny Luebs seconded by Commissioner Kristen Nelson to adopt the attached
Grant Acceptance:with the U.S.Department of Housing and Urban Developmentfor the FY 2021
Comprehensive Housing Counseling Program.
Yes:Michael Gingell,Michael Spisz,Karen Joliat,Kristen Nelson,Eileen Kowall,Christine Long,Philip
Weipert,Gwen Markham,Angela Powell,Thomas Kuhn,Charles Moss,Marcia Gershenson,William Miller
II,Yolanda Smith Charles,Charles Cavell,Penny Luebs,Janet Jackson,Gary McGillivray,Robert
Hoffman,Adam Kochenderfer (20)
No:None(0)
Abstain:None (0)
Absent:(0)
The Motion Passed.
ATTACHMENTS
1.PH&S NHD 2021 US Dept of HUD Counsleing Grant_Sch.A
2.Grant Review Sign-Off
3.FY21 CHC Award Package
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I,Lisa Brown,Clerk of the County of Oakland,do herebycertify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on March 24,2022,with
the original record thereof now remaining in myoffice.
In Testimony Whereof,I have hereunto set my hand andaffixed the seal of the Circuit Court at Pontiac,
Michigan on Thursday,March 24,2022.
\
Lisa Brown,Oakland County Clerk /Register ofDeeds
OaklandCounty,Michigan1Services-NeighborhoodHousingandDevelopmentDivision-FY2021U.S.DepartmentofHUDComprehensiveHousinganServices-NeighborhoodHousingandDevelopmentDivision-FY2021U.S.DepartmentofHUDComprehensiveHousingC1Schedule"B"DETAIL |OperatingFundBudget|ProjectFY2022FY2023FY2024RIEFundNameDivisionNameFund#Division#|Program#|Account#|Unit(OU)[Affiliate|Reference}UnitProject#Activity]AnalysisAccountTitleAmendmentAmendmentAmendmentNeighborhoodHousing&R_HousingCounselingGrantDevel.2970610607021322106103132021400000001161GLBGLBFederalOperatingGrant$49,579|$-|$:$ -49,579|$-[$=NeighborhoodHousing&—HousingCounselingGrantDevel.2970610607021322107020102021100000001161GLBGLBSalariesRegular$32,221|$-|$“NeighborhoodHousing&EHousingCounselingGrantDevel.2970610607021322107227402021100000001161GLBGLBFringeBenefits17,358::$49,579$-|$<NeighborhoodHousing&R_HousingCounselingGrantDevel.2970610607021322106103132020100000000877GLBGLBFederalOperatingGrant$_(43,035)|$-|$:$ (43,035)|$-[$=NeighborhoodHousing&EHousingCounselingGrantDevel.2970610607021322107020102020100000000877GLBGLBSalariesRegular$ (27,670)|$-1$-NeighborhoodHousing&EHousingCounselingGrantDevel.2970610607021322107227402020400000000877GLBGLBFringeBenefits(15,365)--$_(43,035)|$-|$=
GRANT REVIEW SIGN-OFF -Health &Humans Services —Neighborhood &Housing
DevelopmentDivision
GRANT NAME:Fiscal Year (FY)2021 Comprehensive Housing Counseling Grant Program Grant
FUNDING AGENCY:U.S.Department of Housing and Urban Development (HUD)
DEPARTMENT CONTACT:Shane Bies 248-858-5403
STATUS:Grant Acceptance (Greater than $10,000)
DATE:02/21/2022
Please be advised the captioned grant materials have completed internal grant review.Below are the returned comments.
The Board of Commissioners’liaison committee resolution and grant acceptance package (which should include this sign-
off and the grant agreement/contract with related documentation)may be requested to be placed on the agenda(s)of the
appropriate Board of Commissioners’committee(s)for grant acceptance by Board resolution.
DEPARTMENT REVIEW
Management and Budget:
Approved by M &B —Lynn Sonkiss 2/21/2022.
I suggest that the draft resolution be updated to removethe duplicative reference of the dollar
amount(see suggestion below).
NOW THEREFORE BE IT RESOLVEDthat the Oakland County Board of Commissioners
accepts the FY 2021 Comprehensive Housing Counseling Grant Program Grant Award totaling
$49,579 to provide homebuyer education,pre-purchase,financial capability and foreclosure
services for Oakland County households.in the amount of $49,579.
[Draft resolution reflects suggested change]
Human Resources:
Approved by Human Resources,with the attached modification.
Continues positions with no changes,so does not require HR action.
Please note that the classification of Housing Counseling &Homeless Services Supervisor was
retitled to Housing Counseling Supervisor.This change should be reflected in the grant documents.-Heather Mason
2/16/2022
[Draft resolution reflects change]
Risk Management:
Approved by Risk Management.R.E.2/16/2022
Corporation Counsel:
CC approval with H.Mason’s modification (below).—Heather Lewis 2/17/2022
“Wi
a 0 U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
8 Office of Housing Counselingox«%451 7"Street S.W.
ss BR Washington,DC 20410
e hil|g www.hud.gov &espanol.hud.gov
Pe,N peve®
January 24,2022
Mrs.Kathy Williams
Oakland County Housing Counseling (#80711)
250 Elizabeth Lake Rd Ste 1900
Pontiac,MI 48341-1035
SUBJECT:FY 2021 Comprehensive Housing Counseling Program Grant Award
Grant Number:HC210321050
Dear Mrs.Kathy Williams,
Oakland County Housing Counseling,#80711 (Grantee)has been conditionally awarded
a grant of $49,579.00 to conduct a housing counseling program on behalf of the Departmentof
Housing and Urban Development (HUD).This award is in accordance with HUD’s FY 2021
Comprehensive Housing Counseling Grant Program Notice of Funding Opportunity posted on
grants.gov on September 14,2021.
Funds for this grant award shall be used as follows:
Grant Type:Comprehensive Counseling
Grant Award:$49,579.00
$49,579.00 to be used for Counseling Services
$0.00 to be used for Minority Serving Institution Initiative
Please see the Grant Agreement for information on these funding types.
In this file,you will find the Grant Award Package Checklist,Form HUD-1044,and the
Grant Agreement.Return one signed copy of the Form HUD-1044,the signed signature page
only of the Grant Agreement,and the required documentationas listed in the Grant Award
Package Checklist to your HUD Point of Contact (POC)listed below by February 18,2022:
Sheryl Welton
sheryl.d.welton@hud.gov
313-234-7445
Retain the signed Grant Agreementand the original,signed Form HUD-1044 for your
records.Funds will be made available upon execution of the documents and information
requested in this letter.As stated in Section II.E of the NOFO,grantees may not draw down on
this award until prior years’awards have been fully expended.
We look forward to a productive partnership with your organization.If you have any
questions or concerns,please contact your POC.
Sincerely,
DASA
David Berenbaum
Deputy Assistant Secretary
Office of Housing Counseling
Attachments:HUD-1044
Grant Award Package Checklist
Grant Agreement
Assistance Award/Amendment U.S.Department of Housing
and Urban Development
Office of Administration
1.Assistance Instrument 2.Type of Action
[|Cooperative Agreement XK Grant K Award [|Amendment
3.Instrument Number 4.Amendment Number 5.Effective Date of this Action 6.Control Number
HC210321050 April 1,2021 HC210321050 7.Name and Address of Recipient
Oakland County Housing Counseling
250 Elizabeth Lake Rd Ste 1900
Pontiac,MI 48341-1035
TIN:38-6004876
DUNS:136200362
8.HUD Administering Office
U.S.Department of Housing and Urban Development
Office of Housing Counseling
451 7Street SW,Room 9224
Washington,DC 20410
8a.Name of Administrator 8b.Telephone Number
David Berenbaum 202-402-4330 10.Recipient Project Manager
Mrs.Kathy Williams,248-858-1189
9.HUD GovernmentTechnical Representative
Sheryl Welton,313-234-7445
11.Assistance Arrangement
Cost Reimbursement
L_]Cost Sharing
L]Fixed Price
12.Payment Method
[_]Treasury Check Reimbursement
[_]Advance Check
Xl Automated Clearinghouse
13.HUD PaymentOffice
CFO Accounting Center/HUD
PO Box 901013
Fort Worth,TX 76101
14.Assistance Amount
Previous HUD Amount $
15.HUD Accounting and Appropriation Data
15a.Appropriation Number 15b.Reservation number
HUD Amount this action $49,579.00 8621/220156 HC210321050
Total HUD Amount $49,579.00 Amount Previously Obligated $
Recipient Amount $Obligation by this action $49,579.00
Total Instrument Amount $49,579.00 Total Obligation $49,579.00
16.Description
FY 2021 Grant Type:COMPREHENSIVE COUNSELING
HC1 funding to be spread under Housing Counseling Grant Voucher,LOCCS BudgetLine Item 9500.
MSI funding to be spread under Housing Counseling Grant Voucher,LOCCS BudgetLine Item 9525.
Total Award:$49,579.00
HC1 /Counseling Services (9500):$49,579.00
MSI Minority Serving Institution Initiative (9525):$0.00
LOCCS Draw Down Expiration Date:January 30,2023
Period of Performance:April 1,2021,to September 30,2022
17.|Recipient is required to sign and return three (3)copies
of this document to the HUD Administering Office
19.Recipient (By Name)
Oakland County Housing Counseling
18.[]Recipient is not required to sign this document.
20.HUD (By Name)
David Berenbaum
Signature &Title Date (mm/dd/yyyy)
Signature &Title Date
(mm/dd/yyyy)
01/24/2022DeputyAssistant Secretary,Office of Housing Counseling,HC Form HUD-1044 (8/90)
ref.Handbook 2210.17
Office of Housing Counseling
FY 2021 Housing Counseling Grant Award Package Checklist
Y This is a checklist of required documents grantees must submit to execute their FY 2021
grant awards.See enclosed grant agreementfor detailed requirements of each item.
v All documents mustbe returned to your assigned Point of Contact (POC)within 15 business
days of the date of the enclosed awardletter.An incomplete package will delay your ability
to access grant funding.
Form HUD-1044 and Grant Agreement Signature Page
O HUD-1044 signed and dated
CO)Grant Agreement signature page signed and dated
Indirect Cost Rate Documentation
LO Copy of Grantee’s Negotiated Indirect Cost Rate Agreement (NICRA),OR
C)Statement that Grantee elects to charge a de minimis rate of 10%of modified total indirect
costs in accordance with 2 C.F.R.Part 200.414,OR
0)Statement that Grantee will not seek reimbursement of indirect costs
Financial Management Systems
O Certification from the executive director or other qualified professional that the
organization’s financial management systemssatisfy the requirements in 2 C.F.R.
§200.302
Audit
LJ A copy of Grantee’s most recent audit of financial activities (e.g.single or program-specific
audit required under 2 C.F.R.Part 200.501)with completed audit no earlier thanfiscal
year 2018,OR
Li A copy of the most recent independentfinancialaudit,no earlier than fiscal year
2018,for Grantees that did not expend $750,000 or more in Federal award
Code of Conduct
O Verify that your code of conduct is listed on HUD’s Code of Conduct website,OR
0 Grantees that have revised a previously submitted Code of Conduct or do not appear on
the website listed above must submit a copy of its Code of Conduct
Projected Budget
0 A comprehensive budgetlisting all proposed expenses under the Grant.See Article IV of
the Grant Agreementfor detailed requirements.
e The budget may be submitted in the format of the Grantee’s choosing,such as form
HUD-424 CB.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,
grantee must provide a breakdownof those costs on a separate page.
UK Intermediaries,State Housing Finance Agencies (SHFAs),and Multi-State Organizations
(MSOs)must:
e include a budget for each subgrantee,
e itemize costs not passed through to subgrantees (such as the costs associated of
managing a network;oversight,compliance,quality control,training,etc.),and
e list your subgrantees and funded branches andtheir corresponding sub-allocations in
HCS’s budgetallocation screen.
Oj Grantees seeking to use a fixed-fee methodology(i.e.,that seeks reimbursement per
activity rather than itemizing salaries and other direct costs),must submit documentation
supporting the fixed-fee proposal and ensuring that the rate does not exceed the actual
cost of providing the housing counseling services.
Projections for Housing Counseling Grant Activities
1)Enter your counseling projections in the HUD Housing Counseling System (HCS).
e Under the “HUD-9902”menu item,select Projections for NOFA-2021-1.
e Enter the numberof housing counseling activities that the grantee anticipates
conducting with the FY2021 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.
e Then click on the “Save as Draft”button.
(]Once you have saved yourprojections as a draft,notify your HUD POC for review and
approval.
Client Management System (CMS)
OJ Grantee must submit a statementcertifying that the organization (and subgrantees and
funded branches,if applicable)has a HUD-approved CMS
Ui Intermediaries,MSOs,and SHFAs must submit a list of all relevant subgrantees and
their respective CMSs
HBCU and Other MSI Funding Initiative (if applicable)
(}Grantee must submit a Memorandum of Understanding (MOU)or similar agreement
signed byall partners to signify their formal commitment.At a minimum,the MOU
must specify:the partnership’s purpose and associated activities;management and
organizational structure;each organization’s role and responsibilities for funding,
participation,and compliance;and how the grantee will integrate data sharing and
reporting capabilities.
L)Grantee must submit an itemized budget for each of partnerships describing how the
Grantee and MSI will use the funding initiative award to further the objectives agreed
upon in the MOU.
UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
HOUSING COUNSELING PROGRAM
FISCAL YEAR 2021 GRANT AGREEMENT
TABLE OF CONTENTS
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THIS GRANT AGREEMENT(“Agreement”)is made between the United States
Department of Housing and Urban Development (“HUD,”“Grantor,”or “Department’’)and
the organization specified in block seven (7)of the attached form HUD-1044 (“Grantee”).
ARTICLE I
GENERAL
This Agreementis authorized,governed,and controlled by Section 106 of the Housing
and Urban DevelopmentAct of 1968 (12 U.S.C.1701x)(“Act”),as amended,and the Further
Consolidated Appropriations Act,2021 (Pub.L.No.116-94).The purpose of this Agreementis
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 underthe Act.
This Agreement and Grant Activities are 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 CFR Part 214;
2.All other applicable federal laws,regulations,executive orders,and Office of
Management and Budget Circulars including,but not limited to,2 CFR Part
200 and the Grants Oversight and New Efficiency Act (“GONE Act”)(Pub.L.
No.114-117);
3.Notice of Funding Opportunity (NOFO)for the Department’s Comprehensive
Housing Counseling Grant Program (“Housing Counseling NOFO”)for the
fiscal year in which Grantee applied and was awarded;
4.HUD Handbook 7610.1 REV-5,Housing Counseling Program,as amended
(“Handbook 7610.1 REV-5”);
5.All applicable HUD_Mortgagee Letters and Housing Notices;
6.Grantee's application submission,including the application,certifications,
assurances,and documentation,to the extent consistent with applicable laws,the
Housing Counseling NOFO,if applicable,this Agreement,and Handbook
7610.1 REV-5;
7.Applicable HUD forms including,but not limited to,form HUD-1044,Assistance
Award/Amendment,and form HUD-50071,Certification of Paymentsto Influence
Federal Transactions;
8.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;
FY 2021 Housing Counseling Grant Agreement —Local Housing Counseling Agencies Page 2 of 22
9.The Grantee’s proposed plan and budget for expending Grant Funds awarded
pursuant to the Housing Counseling NOFO.Grantee agrees to carry out eligible
activities under this Agreement.
ARTICLEII
DEFINITIONS
A.See Definitions in 24 CFR Parts 5 and 214.
ARTICLE III
PERIOD OF PERFORMANCE
A.Period of Performance.The Period of Performance shall begin April 1,2021 and
expire at 11:59:59 p.m.Eastern Time on September 30,2022.
B.Program Costs Incurred Prior to Award:Unless prior approval by HUD of
allowability of costs is required under 2 CFR part 200,Applicants may pursuantto 2
CFR 200.308,revise budget and program plans and OHC mayprovide reimbursements
for eligible costs incurred during the period prior to HUD making an award but no
earlier than October 1,2020.Applicants should indicate whether they intend to seek
reimbursement for such costs on form HUD-9906,Chart A,Field R.All costs incurred
before the federal awarding agency makes the federal award are at the recipient's risk
(i.e.,the federal awarding agency is not required to reimburse such costsif the recipient
does not receive a federal award or if the federal awardis less than anticipated and
inadequate to cover such costs).
C.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 HUD POC in writing
as early as possible,but no later than ten 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 fundswill be effectively spent within the
proposed extension period.HUD mayapprove a one-time extension,for good cause,on a
case-by-case basis.Only the HUD POC is authorized to approve an extension of the
Period of Performance for up to twelve months.This one-time extension must not be
exercised merely for the purpose of using unobligated balances.
FY 2021 Housing Counseling Grant Agreement —Local Housing Counseling Agencies Page 3 of 22
ARTICLEIV
PROJECTED SERVICES AND BUDGET
A.Projected Services
1.Scope of Services.The housing counseling services proposed in the Grantee’s HUD
Housing Counseling Work Plan represents the scope of services under this Grant.
Grantee shall furnish the necessary personnel,materials,services,facilities,and
otherwise doall things necessary for,or incidental to,the performance of the workset
forth in their HUD Housing Counseling Work Plan.
2.Client Projections.The Grantee will submit projections for the number of Clients to be
served underthe Grantat the time of Grant execution and submit the projections to the
HUD POC for approval.Once approved,any modifications to the Client projections
must be approved by the HUD POC via the HUD Housing Counseling System (HCS).
3.Change in Scope of Services.Grantees are required to report deviations from
budget or project scope or objective,and must receive approval from the HUD POC
before implementing any changes in projected services and budget proposed in its
application.
4.Staff Changes.Whenthere is a change in staff or management responsible for the
Grantee’s housing counseling program,the Grantee must notify its HUD POC in writing
within fifteen days of the change.
5.Provision of Services.To be reimbursed for one-on-one counseling,the Grantee and
Branches must perform and document housing counseling activities in accordance with
HUD Handbook 7610.1 REV-5,section 3-5 “Counseling Services.”To be reimbursed
for group education,Grantee and Branches must provide formal classes with established
curriculum and instructional goals covering one or more of the eligible topics under the
definition of “Education”in 24 CFR 214.3.
B.Projected Budget.Grantee must submit a projected budget itemizing all proposed expenses
under the Grant and a budget narrative,if necessary.The budget may includesalaries,
fringe and other employmentbenefits,travel,training,marketing,outreach,and HUD
Housing Counselor Certification exam fees.Grantee must also indicate any indirect cost
rate for which they will seek reimbursement.
An amendment(s)to the projected budget may be proposed by the Grantee at any time
during the Period of Performance.The initial budget and changes must be approved by
the HUD POC prior to any expenditures.
Grantees seeking to utilize a fixed-fee methodology must seek approval from their HUD
POC.Grantees that receive HBCU and other MSI related funds should refer to
additional requirements in Article XXIII.Grantees who submitted a HUD-2996
Certification for Opportunity Zone Preference Points under the FY 21 CHC NOFO must
FY 2021 Housing Counseling Grant Agreement —Local Housing Counseling Agencies Page 4 of 22
ensurethat their proposed budgetreflects the Opportunity Zone expenditure percentage
that they certified to on the HUD-2996.
C.Eligible Activities.To be eligible for reimbursementas direct costs,costs must be
incurred pursuant to one or more of the following activities:(1)housing counseling and
group education;(2)oversight,compliance,and quality control;(3)supervision of
housing counseling staff;(4)housing counselor training andcertification;and (5)
marketing and outreach of the housing counseling program to potentialclients.
ARTICLE V
SUBCONTRACTS
A.General Prohibition Against Subcontracting.Grantees must deliver the housing
counseling services set forth in the applicant’s HUD Housing Counseling WorkPlan.It
is not permissible to contract out housing counseling services,except as specified in 24
CFR 214.103(i).The general prohibition does not apply to web-based education
services and/or the subgrant,transfer,or subcontract for the purchase of supplies,
material,equipment,or general support services.If this exception to the general
prohibition applies,Grantee shall comply with the applicable requirements in OMB
regulations at 2 CFR Part 200 andall other requirements.
ARTICLE VI
ADMINISTRATIVE REQUIREMENTS
Grantees that are a non-profit organization,state,or unit of general local government
shall be subject to the following administrative requirements as they may be amended:
Uniform Administrative Requirements,Cost Principles,and Audit Requirements for
Federal Awards,2 CFR Part 200.
ARTICLEVII
INSPECTION AND ACCEPTANCE
Inspection,review,correction,and acceptance of all products of work of this
Agreementshall be the responsibility of the HUD POC.
The HUD POC shall inspect and accept the services and deliverables provided under
this Agreement.
FY 2021 Housing Counseling Grant Agreement —Local Housing Counseling Agencies Page 5 of 22
ARTICLE VIII
CONDUCT OF WORK
The HUD POC shall be Grantee's first and primary point of contact with HUD onall
matters of a technical nature.Grantee shall submit all reports or other materials to the HUD
POC.The HUD POC mayissue written or oral instructions to Grantee to supplement the
Housing Counseling Work Plan described in this Grant.Such instructions must be within the
scope of workset forth in this Agreement and Grantee’s Housing Counseling NOFO application
and maynot be of such a nature as to affect price,Period of Performance,or any other provisions
of this Agreement.The HUD POC maydesignate a financial managementcontractor to assist
with Grant management,and the HUD POC shall notify Grantee in writing of the appointment of
any financial managementcontractor.
ARTICLE Ix
COST
A.Grant Amount.Grantee shall be retmbursed according to the terms of this Agreement
and form HUD-1044.
B.Prior Approval Required for Revisions to Work Plan and Budget.HUD may
require prior approval for deviations from grantee’s projected services and budget,in
accordance with applicable regulations at 2 CFR 200.308.Grantees who receive
$250,000 or more and whose revisions comprise more than a 10%deviation of direct
costs must receive prior approval from HUD before amending projected services and
budget.
C.Allowable Costs.HUD will reimburse Grantees based on actual expenses.To be
reimbursed,costs must be allowable,allocable,and reasonable in accordance with the:
L,Provisions of this Agreement;
2.The terms and conditions of the Housing Counseling NOFO and the Grant
application;and
3.Applicable principles as outlined in 2 CFR Part 200.Grantee must obtain
prior written approval for certain costs as outlined in 2 CFR 200.407.
Grantee shall maintain a financial management system that meets or
exceeds the federal requirements in 2 CFR Part 200.302.
D.Indirect Cost Rates.HUD will respect cost classifications determined in a negotiated
indirect cost rate agreement (NICRA)or cost allocation plan.Costs must be consistently
charged as either indirect or direct costs but may not be double chargedorinconsistently
charged as both (See 2 CFR 200.403).HUD mayrequire applicants to provide
documentation supporting classification of direct and indirect costs.
FY 2021 Housing Counseling Grant Agreement —Local Housing Counseling Agencies Page 6 of 22
If Grantee has a NICRA,the grantee must provide documentation from the cognizant
agency showing the approved rate.Successful applicants whose rate changes after the
application deadline must submit the new rate and documentation.Applicants without a
valid NICRA maychoose to take a 10%de minimis indirect cost rate pursuant to 2 CFR
200.414(f).Documentation of the decision to use the de minimis indirect cost rate must
be retained on file for audit.
Forstate and local governments,if Grantee’s department or agency unit has a federally
negotiated indirect cost rate,the application must include that rate,the applicable
distribution base,and letter or other documentation from the cognizant agency
showing the negotiated rate.If Grantee’s department or agency unit receives more than
$35 million in direct federal funding per year,it may not claim indirect costs until it
receives a negotiated rate from its cognizant agency for indirect costs as provided in
Appendix VII to 2 CFR Part 200.
E.Period of Availability of Funds.Grantee may charge to the Grant only Allowable
Costs resulting from obligations incurred for activities taking place during the Period
of Performance unless HUD hasapproved an extension.
F.Profits.No fee,profit,or other increment above allowable costs shall be paid to
Grantee.
G.Grantees with Multiple Sources of Funding.HUD will not reimburse the
Grantee for the same portion of service(s)or good(s)already covered by another
funding source.HUD will not limit Grantees’ability to bill other allowable sources
for the same clientif the cost of counseling exceeds the amount of reimbursement
provided by HUD.However,total reimbursement from all funding sources may not
exceed the actual cost of providing services.Grantees must have adequate internal
controls to ensure there is no double-billing.HUD reserves the right,at any point in
time,to request documentation and other 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.Inadequately documented retmbursement
requests may be disallowed and are subject to repayment using non-federal funds
or an offset to current or future grant awards.
H.Burden of Proof.The burden of proof for services rendered rests with the Grantee.
All grant expenditures and their supporting records are subject to inspection and audit
by HUDat any time during andafter the expiration of the Period of Performance.
Improper payments maybe disallowed and subject to repayment using non-federal
funds or an offset to current or future grant awards.
FY 2021 Housing Counseling Grant Agreement —Local Housing Counseling Agencies Page 7 of 22
ARTICLE X
REPORTING
A.Grant Activity Reports
To be reimbursed,Grantees must submit Grant Activity Reports (GAR).Grantees that also
provide counseling services at their main office must submit a separate report for their
main office.Grantees that receive HBCU and other MSI funds should refer to additional
requirements in Article XXIII.
A Grant Activity Report contains the following:
1.Grantee's name,address,and Grant numberas they appear on the Grant document.
2.Start and end dates of the report period.Ww.Staff and Hourly rate.Identify each counselor or other employee whose time or activity,or
both,is billed to the Grant,the individual’s title,the individual’s FHA Connection
Housing Counselor ID number demonstrating certification (as applicable),and the
hourly rate used to calculate reimbursement.Grantee must describe treatmentof fringe
benefits.
4.Staffhours.For each employee whose time will be reimbursed from the Grant,indicate the
total number of hours being billed to the Grant cumulatively and for the quarter.
Multiply the relevant hours by the relevant hourly rate (see item #3)and indicate the
cumulative salary reimbursementand salary reimbursementfor the quarter.
5.Itemized Expenses.Grantees must itemize actual expenses for each quarter and
cumulatively.
The accounting mustinclude an itemization of the following,as applicable:salaries,
fringe and other benefits,training,marketing and outreach,andindirect costs.
The itemization may be submitted in a format of the Grantee’s choosing.HUD reserves the
right to require grantees to provide additional documentation and justification of costs
to ensure they comport with the requirements of Article IX(C)(1).Deviations between
the itemization and the budget submitted at Grant execution must be approved by the
HUD POC.
6.Fixed-Fee Methodology.Grantees choosing to use an approved fixed-fee methodology (i.e.,
that seek reimbursementper activity rather than itemizing salaries and other direct
costs),must indicate their reimbursement in accordance with that methodology.
FY 2021 Housing Counseling Grant Agreement —Local Housing Counseling Agencies Page 8 of 22
7.Required Certification.In accordance with 2 CFR 200.415(a),Grantees must include a
certification,signed by an individual who is authorized to execute the certification,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 certify that requests for reimbursements under the grant award have not been reimbursed
by any other funding source.I certify that all reimbursement requests comply with the
Federal agency’s procurement and travel policies,in addition to the requirements set forth
in 2 CFR 200.318 and 2 CFR 200.475.I certify that,as of the final compliance date in
accordance with 24 CFR 5.111(a),all housing counseling required underor provided in
connection with HUD programs has been provided by a HUD-certified housing
counselor.The agency,including the directors,partners,officers,principals,or
employees,has been screened in accordance with 24 CFR 214.103(c).I certify that the
agency andthe agency’s employees have not been convicted for a violation under Federal
law relating to an election of a Federal office,24 CFR 214.311(c)(1).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
claimsor otherwise.(U.S.Code Title 18,Section 1001 and Title 31,Sections 3729 —
3730 and 3801 —3812).”
8.Form HUD-9902.As a HUD-approved housing counseling agency,Grantees already
report their HUD-9902 data on a quarterly basis.Grantees must continueto report their
HUD-9902 data on a quarterly basis,even after their grant is expended.However,as
part of the Grant Activity Report,Grantees must update their HUD-9902datato reflect
activity funded through this Agreement.Grantactivity should be transmitted through a
client management system (CMS)directly into HCS and Grantees must report activities
billed to the HUD Housing Counseling Grant in the “All Counseling and Education
Activities”column.HUD will not consider retroactive updates to the “HUD Housing
Counseling Program Grantees Only”data as late.For assistance with form HUD-9902
reporting,the Housing Counseling 9902 Online Toolkit is available on the HUD
Exchange.
oD.Reverse Mortgage Default Counseling Activities.Grantees must submit a report
indicating the total number of counselors providing default counseling for reverse
mortgage borrowers,the numberof hours of training in reverse mortgage default
counseling for each counselor,and the numberof clients for which reverse mortgage
default counseling was provided by each counselor.
B.Final Report._A final report containing the following is due 120 calendar days after the
period of performance ends.See 2 CFR 200.329(c)(1):
1.Allitems listed in Section A of this Article.
2.A brief narrative report describing any problems,delays,or adverse conditions that
impaired their ability to meet the objective of the federal award,and any favorable
FY 2021 Housing Counseling Grant Agreement —Local Housing Counseling Agencies Page 9 of 22
developments which enabled their ability to meet the objective of the federal award
sooner or at less cost.
3.Grantees with expired Grants and Undisbursed Balances at the end of the Period of
Performance must provide a narrative description explaining the challenges leading to
delays in Grant closeout.
4.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 authorized
individual,which states that all closeout activities per 2 CFR 200.344-345 have been
completed.
5.NICRAs containing final rates for any period for which the grantee received
reimbursementof indirect costs.
6.Grantees that receive HBCU and other MSI funds should refer to additional
requirements in Article XXIII.
C.Federal Subaward Reporting System.Grantees are required to report the total
compensation and names of the top five executives of the Grantee in the Federal
Subaward Reporting System (FSRS)if:
1.More than eighty percent (80%)of annual gross revenues are received from the
federal government and those revenues are greater than $25 million annually;and
2.Compensation information is not already available through reporting to the
Securities and Exchange Commission (SEC).
D.Compliance with NOFO Obligations.Should Grantee fail to meet the
commitments made in the Grant application,HUD may adjust the award amount
and require repayment using non-federal funds or an offset to future grant awards.
Such commitments may include butare not limited to networksize,oversight of
funded network,and counselors.
E.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.
F.Withholding of Funds.HUD may withhold paymentto a Grantee if any project
objective,term,or condition of this Agreement,or federal reporting requirement
is not beingsatisfied including,but not limited to:(1)completing Grant reports;
(2)updating agency HCS 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.See 2 CFR
200.339.HUD mayalso withhold paymentor partial payment to Grantee if
Grantee is voluntarily or involuntarily placed on inactive status,including for
FY 2021 Housing Counseling Grant Agreement —Local Housing Counseling Agencies Page 10 of 22
G.
noncompliance with program requirements,or suspended or terminated from
HUD’s Housing Counseling Program.
Funds Recapture.HUD may recapture any unspent funds.
ARTICLE XI
PAYMENT REQUESTS
General Payment Procedures.The formsreferred to in this paragraph are available from
HUD’s website under the forms section and,upon request,from HUD bycontacting the
HUD POC.The SF-1199A form is also available at local bankinginstitutions.
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 HUD POC.
2.To request funds under this Agreement,an individual in the Grantee’s organization
must request access authorization from HUD by submitting a form HUD-27054E,
eLOCCS Access Authorization Form.A new Form is not required for any individual who
currently has access to LOCCS forprior year Grant Funds for the same Grantee.Grantees
whose LOCCS access was suspended or terminated must also submit the Form to reset
their password,reinstate a user,or establish a new user.
3.Grantees are responsible for changing their LOCCS password once every sixty 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 HUD POC mayprovide additional instructions on accessing and using LOCCS.
6.All vouchers for Grant payments must be submitted to HUD electronically through
Form HUD-50080,eLOCCS payment voucher.Reimbursement requested for counseling
services must be reported under Budget Line Item 9500 (Counseling Services),while
reimbursement requested for the Minority Serving Institutions fundinginitiative must be
reported under Budget Line Item 9525 (MSI).Grantees may seek reimbursement under
more than one Budget Line Item on a single HUD-50080.A record of each payment
request must be maintained in Grantee’s files and be available for review by HUD upon
request.
7.Vouchers cannot be submitted until Grantees are notified to do so by the HUD POC.A HUD POC will approve paymentrequests only upon receipt of an acceptable GrantActivityReportand,if applicable,the Final Report required in accordance with Article
XI of this agreement.The period covered by the Grant Activity Report and payment
request must cover one or more complete quarters(i.e.partial quarters are not allowed).
FY 2021 Housing Counseling Grant Agreement —Local Housing Counseling Agencies Page 11 of 22
A copy of the eLOCCS voucher must be transmitted to the HUD POC by emailat the
time the request is made through eLOCCS.
8.Grantees shall comply with 2 C.F.R.§200.305.
B.Documentation of Expenses.Grantee must maintain source documentation of direct
costs,such as invoices,receipts,cancelled checks,documentation of personnel expenses
(to include personnelactivity reports and certified payroll),and indirect cost rate
agreements to support all draw requests.In addition,Grantee must maintain list of all
Client Counseling File numbers and group education file numbersattributed 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 thelist:the
relevant counselor and/or other employee that provided service,the duration of service
provided in hours and minutes and the total amount of funds charged to the HUD Grant.
The Client Counseling File list must also identify the Branch or main office that served
the Client.
All Grantees must be able to demonstrate and documentthe actual cost of service
provision.The amountbilled to the Grant cannot exceed the actual cost of providing the
service.Where Grant Funds are used for counseling services,individual Client
Counseling Files and 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 salaries,employee benefits,travel,training,marketing,outreach,
and other expenses that are not classified as indirect costs.
All information required to documentexpenses charged to the Grant must be made
available to HUD upon request and maintained for a period of at least three years after
the expiration of the grant period or date of last payment,whichever occursfirst.
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.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 CFR 200.430.The records must support the
distribution of employees’salaries and wages amongspecific 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.
C.Documentation of Other Funding Sources.A Grant awarded under the Housing
Counseling NOFO 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
coverthat portion of the program not funded by HUD.Grantee shall maintain,and
make available to HUD upon request,evidence that the resources cited in Grantee’s
NOFO application were actually provided to Grantee.
FY 2021 Housing Counseling Grant Agreement —Local Housing Counseling Agencies Page 12 of 22
A.
ARTICLE XII
CONFLICTS OF INTEREST
General Requirements.Grantee shall comply with all programmatic disclosure and
conflict of interest requirements at 24 CFR Part 214,2 CFR 200.112,HUD Handbook
7610.1 REV-5,HUD Grants Management Office (GMO)Handbook 2210.17 Rev.3
Chapter 2-5 (B)(3)(b),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 relationships between Grantee and any other
industry partners.The disclosure mustclearly 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.
HUD Reform Disclosures.Grantee shall comply with the disclosure requirements of
Section 102(b)of the HUD Reform Act of 1989 (42 U.S.C.3545(b))and its
implementing regulations at 24 CFR 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 CFR 4.11.
ARTICLE XIII
SECURITY OF CONFIDENTIAL INFORMATION
Security.Grantee shall secure all information regarding counseling of Clients in
accordance with the requirements in HUD Handbook 7610.1 REV-5,Chapter 5,whether
such information is generated by the agencyitself or received from outside sources.This
includes securing credit reports,information on current financial status,notes on
counseling sessions,and any other information.Grantee shall not disclose such
information to anyone other than HUDor other parties to whom the Client consents to
release of the information.
Confidentiality.Grantee must protect the confidentiality of each Client’s personal and
financial information,including credit reports,regardless of whetherthe informationis
received from the Client or from another source,or is collected electronically or on
paper. In accordance with HUD Handbook 7610.1 REV-5,Chapter 5-6,Grantee must
ensurethat neither they nor their CMS vendor disclose the information in the
individual’s Client Counseling File to anyone except for authorized agency personnel
and HUD.Anydisclosure of Client information requires the express written permission
of the counseling recipient whose informationis to be shared.
FY 2021 Housing Counseling Grant Agreement —Local Housing Counseling Agencies Page 13 of22
ARTICLE XIV
DEFAULTS AND REMEDIES
A.Special Conditions.In addition to the criteria provided in 24 CFR Part 214,HUD
may impose additional requirements or special conditions on a Grantee who
demonstrates the characteristics or behaviors specified in 2 CFR 200.208.
B.Events of Default.Each of the following shall be deemed an Event of Default:
1,Any material failure by Grantee to comply with the terms and conditions of this
Grant Agreement,whetherstated in a federal statute,regulation,the Housing
Counseling NOFO,HUD Handbook 7610.1 REV-5,assurance,certifications,
application,or notice of award;
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;
Grantee’s failure to execute the grant before the end of the period of performance
or failure to submit a drawdown requestfor all remaining funds within 120 days
following the end of the period of performance.
Where applicable,Grantee’s failure to maintain HUD-approved status during the
term of this Agreement;and
Any misrepresentation in the Grantee’s NOFO application that,if known by HUD,
would have resulted in this Grant not being awarded.
C.Notice of Default.
L,If an Event of Default occurs under sections B(1)or (4)-(5),the HUD POC 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:
a.The Event of Default;
b.The required corrective action to be taken by the Grantee;
c.The date by which the corrective action must be taken;and
d.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.
FY 2021 Housing Counseling Grant Agreement —Local Housing Counseling Agencies Page 14 of 22
If an Event of Default occurs under section B(2),the HUD POC 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 that 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.
If an Event of Default occurs under section B(3),HUD mayrecapture
unexpended funds without additional notice to grantee.
D.HUD’s Remedies.
Ve If Grantee fails to comply with the corrective action specified in the Notice of
Default with respect to defaults under section B(1)or (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 CFR Part
214,2 CFR 200.339,the NOFO,and any other applicable HUD requirements.
For a Notice of Default with respect to a default under section B(2),HUD’s
remedies include:
a.Requiring that,within twelve 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;
b.Notifying the Grantee that they shall be ineligible to apply for or receive
further funds under the Housing Counseling Program;and
c.Imposing any other remedies that may be available underthe law.
E.Termination.The Federal award may be terminated in whole or in part in the event of
default or for reasons specified in 2 C.F.R.200.340.
ARTICLE XV
AMENDMENTS
This Agreement may be amended at any time by a written amendment.Grantee shall
submit requests for amendments to the HUD POC.Amendments that affect the rights and
obligations of either party shall be executed by both HUD and the Grantee.Notwithstanding the
foregoing,HUD mayunilaterally execute administrative amendments,such as changesin the
HUD POC or appropriation data,or amendmentsthat result from signed requests from the
Grantee where the Department adopts the requested amendment without any changes.HUD
POCs are not authorized to unilaterally amend any provision of this Agreement.
FY 2021 Housing Counseling Grant Agreement —Local Housing Counseling Agencies Page 15 of 22
ARTICLE XVI
RECORD KEEPING AND AUDITING
A.Record Keeping Requirements.Grantee shall comply with the requirements for record
retention and access to records specified in the applicable regulations at 24 CFR 214.315
and 2 CFR 200.334-200.338.Grantee may be requiredto retain certain records for a
longer period.Grantee mayalso be subject to record retention requirements underother
applicable laws and regulationsincluding,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 HCS for reporting and lendsitself to easy
monitoring by HUD whenconducting a performance review.
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-S.
ARTICLE XVII
DISPUTES
A.Disputes.During performance of this Agreement,disagreements may arise between the
Grantee and HUD on variousissues.If a dispute concerning a question of fact arises and
cannot be resolved through negotiation,the HUD POC shall prepare a written decision,
considering all facts and documentation presented.The decision shall be mailed by return
receipt requested to the Grantee.Grantee may appeal the decision within thirty calendar
days of receipt of HUD’s decision by submitting a written appeal.Grantee shall submit
their appeal to their HUD POC.
B.False Statements.A false statement in the Grantee’s NOFO 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 CFR Part 200,Subpart F -Audit Requirements,including the associated
Compliance Supplement,as amended.The requirements of the Single Audit Act and 2 CFR Part
200,Subpart F shall supersede the requirements in HUD Handbook 7610.1 REV-S5 for an audit
every two years.All Grantees not required to complete a single or program-specific audit under 2
CFR 200,Subpart F must submit their most recent independentfinancial audit.Grantees who do
not have an audit or whoare not required to have an audit are subject to a financial review at
HUD’s expense.HUDwill review individual circumstances upon request.Grant reimbursement
FY 2021 Housing Counseling Grant Agreement —Local Housing Counseling Agencies Page 16 of 22
may be withheld until all findings and observations in the most recent audit or financial review
are resolved.
ARTICLE XIx
DEBARMENT AND SUSPENSION
Grantee shall comply with HUD’s requirements for participants at 2 CFR Part 2424,
which includes 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 WORKPLACE REQUIREMENTS
Grantee shall comply with HUD’s requirements for recipients of financial assistance at 2
CFR 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 subgrantees at any tier from using
appropriated funds for lobbying the executive or legislative branches of the federal
governmentin connection with a federal award.In addition,Grant Funds underthis
NOFO 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 form HUD-50071,Certification of Payments to Influence
Federal Transactions,that it will comply with 24 CFR Part 87.A Grantee shall submit its
certification to the HUD POC.
C.Disclosures.As required by 24 CFR 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 CFR 87.100(a)if paid for with appropriated
funds.These disclosures shall be updated as required by section 24 CFR 87.110(c).
Grantee shall submitits disclosures to the HUD POC if not submitted at time of
application.These disclosures and updates are hereby incorporated into this Agreement.
FY 2021 Housing Counseling Grant Agreement —Local Housing Counseling Agencies Page 17 of 22
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
wholobby covered Executive or Legislative Branch officials to register with the
Secretary of the Senate and the Clerk of the House of Representatives andfile 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 based
on race,color,religion,sex,national origin,age,familial status,and disability.The SF-
424B,Assurances for Non-Construction Programs,is hereby incorporated into this
Agreement.
B.Nondiscrimination Requirements.Grantee shall comply with nondiscrimination
requirements enumerated in certification six in the SF-424B,Assurances -Non-
Construction Programs,and:
1.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
C.Requirements Applicable to Religious Organizations.Where Grantee is a primarily
religious organization,or a wholly secular organization established by a primarily
religious organization,and is awarded Grant funds to provide,manage,or operate a
housing counseling program,Grantee must undertake their responsibilities in accordance
with the following principles:
1.Grantee shall not discriminate on behalf of or against any segmentof 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,
religiousinstruction,or proselytization,as part of the programs or services funded
underthis Grant.If an organization conducts suchactivities,these activities must
be offered separately,in time or location,from the activities funded underthis
Grant Agreement.Participation must be voluntary for the Clients receiving
services covered,either completely or in part,by HUD funds.
FY 2021 Housing Counseling Grant Agreement —Local Housing Counseling Agencies Page 18 of 22
ARTICLE XXIII
HISTORICALLY BLACK COLLEGE AND UNIVERSITY AND OTHER MINORITY
SERVING INSTITUTIONS FUNDING INITIATIVE
A.Applicability.This section only applies to grantees receiving the HBCU and other MSI
funding initiative.Grantees can verify they received such fundsby referring to their FY
2021 Form HUD-1044.
B.Memorandum of Understanding (MOU).At grant execution,Grantees mustsubmit the
MOU or similar agreement signed byall partners to signify their formal commitment.At
a minimum,the MOU must specify:the partnership’s purpose and associated activities;
management and organizational structure;each organization’s role and responsibilities for
funding,participation,and compliance;and how the grantee will integrate data sharing
and reporting capabilities.The Grantee is expected to initiate the activities promptly.
HUD maywithholdor recapture funds if the grantee fails to provide a copy of the signed
MOUby March31,2022.
C.Projected Budget.In addition to the projected budget requirements in Article IV(B),at
grant execution,Grantees must describe how these funds will be used to further the
objectives agreed upon in the MOU.
D.Reporting Requirements.In their Grant Activity Reports,Grantees must indicate the
amountof funds expended andthe relevant category of eligible activities carried out
pursuant to this funding initiative.Grantees must include brief narrative describing
progress and challenges achieving performance goals and objectives described in the
grant application.
In their Final Report,Grantees must describe the extent to which they (or their HBCU
and/or other MSI partner(s))were able to fulfill the program objectives described in their
grant application,including outcomes and lessons learned.At a minimum,Grantees must
address the five topics below:
1.Describe how Grantee measured outcomes on the target population.Note
improvementsin any of the following areas (if applicable to program objectives):
°Financial literacy
Knowledge of housing-related rights
Credit scores
Home ownership
Securing safe,affordable,sanitary off-campus housing
Numberof individuals employed because of training
Employmentopportunities in the target community
Access to other social services
Newclients gained as a result of marketing and outreach efforts
Survey results
Other
FY 2021 Housing Counseling Grant Agreement —Local Housing Counseling Agencies Page 19 of 22
2.Describe how the institution’s students and faculty were included in the proposed
activities.
3.Describe howtheinstitution expanded its role in the target community.
4.Describe how you would refine your program if you wereto receive grant funds for a
second year.
5.Describe how HUD should refine this fundinginitiative.
ARTICLE XXIV
MISCELLANEOUS
A.Order of Precedence.In the event of any inconsistency among any provisionsof 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;
mn Applicable federal regulations including,but not limited,to 24 CFR Part 214;
a The Housing Counseling Program Comprehensive NOFO;
4.HUD Handbook 7610.1 REV-5;
a.HUD Handbook 2210.17 Rev-3,and
6.This Grant Agreement.
B.No waiver.No delay or omission by HUD to exercise any right or remedy available to it
underthis Agreementor applicable law,or to insist upon strict compliance by the Grantee
with its obligations hereunder,shall impair any such right or remedyor constitute a waiver
of HUD’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.
D.Relationship of the Parties.No party to this Agreementis an agent of the otherparty,
and neither party has the authority to represent or bind the other party to anyone else as to
any matter.
E.Disclose Investigations.Grantees are required to report to HUD within fifteen days if
Grantee is subject to unresolved findings as a result of HUD or other government
audits or investigations.See 24 CFR 214.305(c)(4).
F.HUD Oversight.Grantee must cooperate with all HUD oversightactivities,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,butis not limited to,remote inspection of Client Counseling
Files,on-site performance reviews by HUD staff or designee,and mystery shopping.If
FY 2021 Housing Counseling Grant Agreement —Local Housing Counseling Agencies Page 20 of 22
Grantee has obligations that require Client information to be kept confidential,Grantee
must take measures to ensure that HUD hasaccess to Client Counseling Files and
information for audit and oversight purposes that demonstrates,to the satisfaction of
HUD,that Grantee is in compliance with 24 CFR Part 214,HUD Handbook 7610.1
REV-5,and the requirements of this Grant Agreement and the Housing Counseling
Program Comprehensive NOFO.
G.Payment to Grantee from Lender.Grantees are permitted to receive payments from a
lender for housing counseling services (except for reverse mortgage counseling
services),provided that the level of payment received is commensurate with the
services provided and does not otherwise violate the Real Estate Settlement Procedures
Act.See 24 CFR 214.313.These transactions and relationships must be disclosed to the
Client as required in 24 CFR 214.303(g)and HUD Handbook 7610.1 REV-5,Chapter
6.
H.Assurances and Certifications.By signing form HUD-1044,the Grantee renews the
assurances and certifications made with its application for HUD approval (form HUD-
9900).
I.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 Agreementshall continue in full force and effect for such time asis
necessary to fully carry out the intent of such provisions.The applicable regulations at 2
CFR 200.16,200.344,and 200.345 describe Grantee’s closeout requirements and
continuing responsibilities after the closeout of this Grant.
J.Organizational Changes.Mergers,acquisitions,or other changes in form or
organizational structure should be reported to the HUD POC nolater than fifteen (15)
days prior to the implementation of such changes.In the case of a simple name change,
HUD may makethe award in the name of the newly named entity.In the case of a
merger,the new or merged entity maybe eligible to receive Grant Funds madeto the
original Grantee,provided they meet certain conditions including,but not necessarily
limited to:
e The new or merged entity receives HUD approvalas a housing counseling agency
and,
e The new or merged entity demonstrates that its application,Housing Counseling
WorkPlan,target community,and personnel are substantially similar to that of the
original Grantee.
K.Succession Plans.Grantee shall make available to HUD,upon request,a succession
plan.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.
FY 2021 Housing Counseling Grant Agreement —Local Housing Counseling Agencies Page 21 of 22
IN WITNESS WHEREOF,eachof the Parties has caused the following Housing Counseling
Program 2021 Grant Agreementto be executed by its duly authorized officer or agent.
Noalterations of the official version of the Housing Counseling Program 2021 Grant
Agreementdelivered by HUD to Grantee have been accepted unless such changeis
acknowledged by HUD througha signature on the page of the Grant Agreement
containing such change.
GRANTEE:HUD
Oakland County Housing Counseling UNITED STATES DEPARTMENT
OF HOUSING ANDURBAN
DEVELOPMENT
Name:Name:David Berenbaum
Title:Deputy Assistant Secretary for
Title:Housing Counseling
Date:Date:1/24/2022
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