HomeMy WebLinkAboutResolutions - 2022.12.08 - 37791
AGENDA ITEM: Grant Acceptance from the U.S. Department of Housing and Urban Development
for the FY 2022 Round 1 Comprehensive Housing Counseling Program 22-423
COMMITTEE MEETING: Board of Commissioners
DATE: Thursday, December 8, 2022 9:52 AM - Click to View Agenda
ITEM SUMMARY SHEET
DEPARTMENT SPONSORED BY
Health & Human Services - Neighborhood and Housing
Development
Penny Luebs
INTRODUCTION AND BACKGROUND
This is a request to accept FY 2022 funding to conduct a housing counseling program on behalf of
the Department of Housing and Urban Development.
BUDGET AMENDMENT REQUIRED: Yes
Committee members can contact Michael Andrews, Policy and Fiscal Analysis Supervisor at
248.858.5115 (office) or andrewsmb@oakgov.com, or the department contact persons listed for
additional information.
CONTACT
Shane Bies, Manager Neighborhood &
Housing Development-UNI
Biess@oakgov.com
ITEM REVIEW TRACKING
Penny Luebs, Created/Initiated - 12/8/2022
David Woodward, Board of Commissioners Approved - 12/8/2022
Hilarie Chambers, Executive's Office Approved - 12/9/2022
Lisa Brown, Clerk/Register of Deeds Final Approval - 12/13/2022
AGENDA DEADLINE: 12/08/2022 11:15 AM
COMMITTEE TRACKING
2022-11-29 Public Health & Safety - Recommend to Board
2022-12-08 Full Board
ATTACHMENTS
1. PH&S - NHD_FY2022 HUD Comprehensive Housing Counseling_Sch.A
2. Grant Review Sign-Off
3. 80711 FY22 Award Package
December 8, 2022
RESOLUTION #2022-2298 _ 22-423
Sponsored By: Penny Luebs
Health & Human Services - Neighborhood and Housing Development - Grant Acceptance from
the U.S. Department of Housing and Urban Development for the FY 2022 Round 1
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 2022
Comprehensive Housing Counseling Program funds totaling $43,526 to conduct housing counseling
services performed during the period October 1, 2022 through September 30, 2023; 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 the grant requires $43,526 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 and Homeless Services Supervisor position (1060701-03354);
and
WHEREAS the grant will continue to support two (2) FTE SR funded N&HD Specialist – Senior
positions (#1060702-00730 and 10806); and
WHEREAS County funding is 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 2022 Comprehensive Housing Counseling Program Grant Award totaling $43,526 to provide
homebuyer education, pre-purchase, financial capability and foreclosure services for Oakland County
households in the amount of $43,526.
BE IT FURTHER RESOLVED to continue one (1) Special Revenue (SR) Full Time Eligible (FTE)
Housing Counseling and Homeless Services Supervisor position (1060701-03354) and two (2) FTE
SR funded N&HD Specialist – Senior positions (#1060702-00730 and 10806).
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
and extensions up to a fifteen percent (15%) variance from the original award.
BE IT FURTHER RESOLVED that the FY 2023 budget is amended per the attached Schedule A.
Chairperson, the following Commissioners are sponsoring the foregoing Resolution: Penny Luebs.
Date: December 08, 2022
David Woodward, Commissioner
Date: December 09, 2022
Hilarie Chambers, Deputy County Executive II
Date: December 13, 2022
Lisa Brown, County Clerk / Register of Deeds
COMMITTEE TRACKING
2022-11-29 Public Health & Safety - Recommend to Board
2022-12-08 Full Board
VOTE TRACKING
Motioned by Commissioner Penny Luebs seconded by Commissioner Karen Joliat to adopt the
attached Grant Acceptance: from the U.S. Department of Housing and Urban Development for the FY
2022 Round 1 Comprehensive Housing Counseling Program.
Yes: David Woodward, Michael Gingell, Michael Spisz, Karen Joliat, Kristen Nelson, Eileen
Kowall, Christine Long, Philip Weipert, Gwen Markham, Angela Powell, Chuck Moss, Marcia
Gershenson, William Miller III, Yolanda Smith Charles, Charles Cavell, Penny Luebs, Janet
Jackson, Gary McGillivray, Robert Hoffman, Adam Kochenderfer (20)
No: None (0)
Abstain: None (0)
Absent: (0)
Passed
ATTACHMENTS
1. PH&S - NHD_FY2022 HUD Comprehensive Housing Counseling_Sch.A
2. Grant Review Sign-Off
3. 80711 FY22 Award Package
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 8, 2022, 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 Circuit Court at
Pontiac, Michigan on Thursday, December 8, 2022.
Lisa Brown, Oakland County Clerk / Register of Deeds
Oakland County, Michigan
HEALTH AND HUMAN SERVICES DEPARTMENT/NEIGHBORHOOD HOUSING DEVLOPMENT - HUD FY2022 COMPREHENSIVE HOUSING COUNSELING PROGRAM
Schedule "A" DETAIL
R/E Fund Name Division Name
Fund #
(FND)Cost Center (CCN) #
Account #
(RC/SC)
Program #
(PRG)Grant ID (GRN) #
Project ID #
(PROJ)
Region
(REG)
Budget
Fund
Affiliate
(BFA)
Ledger
Account
Summary Account Title
FY 2023
Amendment
FY 2024
Amendment
FY 2025
Amendment
R Housing & Comm Dev NHD FND11006 CCN1060702 RC610313 PRG132210 GRN-1004055 610000 Federal Operating Grants $43,526 $-$-
Total Revenues $43,526 $-$-
E Housing & Comm Dev NHD FND11006 CCN1060702 SC702010 PRG132210 GRN-1004055 702000 Salaries $28,292 $-$-
E Housing & Comm Dev NHD FND11006 CCN1060702 SC722740 PRG132210 GRN-1004055 722000 Fringe Benefits 15,234 --
Total Expenditures $43,526 $-$-
R Housing & Comm Dev NHD FND11006 CCN1060702 RC610313 PRG132210 GRN-0001161 610000 Federal Operating Grants $(49,579)$-$-
Total Revenues $(49,579)$-$-
E Housing & Comm Dev NHD FND11006 CCN1060702 SC702010 PRG132210 GRN-0001161 702000 Salaries $(32,221)$-$-
E Housing & Comm Dev NHD FND11006 CCN1060702 SC722740 PRG132210 GRN-0001161 722000 Fringe Benefits (17,358)--
Total Expenditures $(49,579)$-$-
GRANT REVIEW SIGN-OFF –Health & Humans Services – Neighborhood & Housing
Development Division
GRANT NAME: Fiscal Year (FY) 2022 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: 11/21/2022
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 – Sheryl Johnson (11/18/2022)
Human Resources:
Approved by Human Resources, Continues positions with no changes. – Heather Mason (11/15/2022)
Risk Management:
Approved – Robert Erlenbeck (11/15/2022)
Corporation Counsel:
Approved – Heather Lewis (11/17/2022)
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of Housing Counseling
451 7th St., SW, Room 9224
Washington, D. C. 20410
80711 FY22 Award Package
August 18, 2022
Mrs. Kathy Williams
OAKLAND COUNTY HOUSING COUNSELING (80711)
250 Elizabeth Lake Rd Ste 1900
Pontiac, MI 48341-1035
SUBJECT: FY 2022 Round 1 Comprehensive Housing Counseling Program Grant Award
Grant Number: HC220321019
Dear Mrs. Kathy Williams,
I am pleased to inform you that OAKLAND COUNTY HOUSING COUNSELING,
80711 (Grantee) has been conditionally awarded a grant of $43,526.00 in the first round of Fiscal
Year (FY) 2022 funding to conduct a housing counseling program on behalf of the Department
of Housing and Urban Development (HUD). This award is in accordance with HUD’s FY 2021
Comprehensive Housing Counseling Grant Program Notice of Funding Opportunity.
Funds for this grant award shall be used as follows:
Grant Type: Comprehensive Housing Counseling
Grant Award: $43,526.00
Please note that if you received Historically Black College and Universities, Hispanic
Serving Institutions, or other Minority Serving Institution Funding in FY21 and remain eligible
to receive this funding, you will receive this additional funding in Round 2.
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 of
the Grant Agreement, and the required documentation as listed in the Grant Award Package
Checklist to your HUD Point of Contact (POC) listed below by September 23, 2022:
Sheryl Welton
sheryl.d.welton@hud.gov
313-234-7445
Retain the signed Grant Agreement and 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. Grantees may not draw down on this award until prior years’ awards have
been fully expended.
We look forward to partnering with your organization. If you have any questions or
concerns, please contact your POC.
Sincerely,
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
Cooperative Agreement X Grant
2. Type of Action
X Award Amendment
3. Instrument Number
HC220321019
4. Amendment Number
5. Effective Date of this Action
October 1, 2022
6. Control Number
HC220321019
7. Name and Address of Recipient
OAKLAND COUNTY HOUSING COUNSELING
250 Elizabeth Lake Rd Ste 1900
Pontiac, MI 48341-1035
TIN Number: 38-6004876
UEI Number: HZ4EUKDD7AB4
8. HUD Administering Office
U.S. Department of Housing and Urban Development
Office of Housing Counseling
451 7th Street SW, Room 9224
Washington, DC 20410
8a. Name of Administrator
David Berenbaum
8b. Telephone Number
202-402-4330
10. Recipient Project Manager
Mrs. Kathy Williams, 248-858-1189
9. HUD Government Technical Representative
Sheryl Welton, 313-234-7445
11. Assistance Arrangement
X Cost Reimbursement
Cost Sharing
Fixed Price
12. Payment Method
Treasury Check Reimbursement
Advance Check
X Automated Clearinghouse
13. HUD Payment Office
CFO Accounting Center/HUD
PO Box 901013
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 $43,526.00 8621/220156 HC220321019
Total HUD Amount $43,526.00 Amount Previously Obligated $
Recipient Amount $ Obligation by this action $43,526.00
Total Instrument Amount $43,526.00 Total Obligation $43,526.00
16. Description
FY 2022 Grant Type: COMPREHENSIVE COUNSELING – Round 1
HC1 funding to be spread under Housing Counseling Grant Voucher, LOCCS Budget Line Item 9500.
Total Award Round 1: $43,526.00
HC1 / Counseling Services (9500): $43,526.00
LOCCS Draw Down Expiration Date: January 30, 2024
Period of Performance: October 1, 2022, to September 30, 2023
17. X Recipient is required to sign and return three (3) copies
of this document to the HUD Administering Office
18. Recipient is not required to sign this document.
19. Recipient (By Name)
OAKLAND COUNTY HOUSING COUNSELING
20. HUD (By Name)
David Berenbaum
Signature & Title
Date (mm/dd/yyyy)
Signature & Title
Deputy Assistant Secretary, Office of Housing
Counseling, HC
Date (mm/dd/yyyy)
8/18/2022
Form HUD-1044 (8/90)
ref. Handbook 2210.17
Office of Housing Counseling
FY 2022 Round 1 Housing Counseling Grant Award Package Checklist
This is a checklist of required documents grantees must submit to execute the FY 2022
grant awards. See enclosed grant agreement for detailed requirements of each item.
All documents must be returned to the assigned Point of Contact (POC) by September 23,
2022. An incomplete package will delay the ability to access grant funding.
Form HUD-1044 and Grant Agreement Signature Page
HUD-1044 signed and dated
Grant Agreement signature page signed and dated
Indirect Cost Rate Documentation
Copy of Grantee’s Negotiated Indirect Cost Rate Agreement (NICRA), OR
Statement that Grantee elects to charge a de minimis rate of 10% of modified total direct
costs in accordance with 2 C.F.R. Part 200.414, OR
Statement that Grantee will not seek reimbursement for indirect costs
Financial Management Systems
Certification from the executive director or other qualified professional that the
organization’s financial management systems satisfy the requirements in 2 C.F.R.
§200.302
Audit
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 than fiscal
year 2019, OR
A copy of the most recent independent financial audit, no earlier than fiscal year
2019, for Grantees that did not expend $750,000 or more in Federal awards
Code of Conduct
Verify your Code of Conduct is listed on HUD’s Code of Conduct website, OR
Submit your Code of Conduct
Projected Budget
A budget listing all proposed expenses under the Grant. See Article IV of the Grant
Agreement for detailed requirements.
The budget may be submitted in the format of the Grantee’s choosing. 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 breakdown of
those costs on a separate page.
Intermediaries, State Housing Finance Agencies (SHFAs), and Multi-State Organizations
(MSOs) must:
include a budget for each subgrantee;
itemize costs not passed through to subgrantees (such as the costs associated with
managing a network including oversight, compliance, quality control, etc.); and
list subgrantees and funded branches and their sub-allocations in HCS’s budget
allocation screen.
Grantees seeking to use a fixed-fee methodology (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
Enter counseling projections in the HUD Housing Counseling System (HCS).
Under the “HUD-9902” menu item, select Projections for NOFA-2022-1.
Enter the number of housing counseling activities anticipated under the FY2022 grant
for each line in Sections 8 and 9. The screen will display the total values for each line
item for the entire funding period.
Then click on the “Save as Draft” button.
After saving the draft, notify your HUD POC for review and approval.
Client Management System (CMS)
Grantee must submit a statement certifying that the organization (and subgrantees and
funded branches, if applicable) has a HUD-approved CMS.
Intermediaries, MSOs, and SHFAs must submit a list of all relevant subgrantees and
their respective CMSs.
UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
HOUSING COUNSELING PROGRAM
FISCAL YEAR 2022 GRANT AGREEMENT
Table of Contents
ARTICLE I : GENERAL .............................................................................................................................. 2
ARTICLE II: DEFINITIONS ....................................................................................................................... 3
ARTICLE III: PERIOD OF PERFORMANCE ............................................................................................ 3
ARTICLE IV: PROJECTED SERVICES AND BUDGET .......................................................................... 3
ARTICLE V: SUBCONTRACTS ................................................................................................................ 4
ARTICLE VI: ADMINISTRATIVE REQUIREMENTS ............................................................................ 4
ARTICLE VII: INSPECTION AND ACCEPTANCE ................................................................................. 5
ARTICLE VIII: CONDUCT OF WORK ..................................................................................................... 5
ARTICLE IX: COST .................................................................................................................................... 5
ARTICLE X: REPORTING ......................................................................................................................... 7
ARTICLE XI: PAYMENT REQUESTS .................................................................................................... 10
ARTICLE XII: CONFLICTS OF INTEREST ........................................................................................... 12
ARTICLE XIII: SECURITY OF CONFIDENTIAL INFORMATION ..................................................... 12
ARTICLE XIV: DEFAULTS AND REMEDIES ...................................................................................... 12
ARTICLE XV: AMENDMENTS ............................................................................................................... 14
ARTICLE XVI: RECORD KEEPING AND AUDITING ......................................................................... 14
ARTICLE XVII: DISPUTES ..................................................................................................................... 15
ARTICLE XVIII: AUDIT REQUIREMENTS ........................................................................................... 15
ARTICLE XIX: DEBARMENT AND SUSPENSION .............................................................................. 15
ARTICLE XX: DRUG-FREE WORKPLACE REQUIREMENTS ........................................................... 15
ARTICLE XXI: LOBBYING RESTRICTIONS ........................................................................................ 16
ARTICLE XXII: NONDISCRIMINATION REQUIREMENTS .............................................................. 16
ARTICLE XXIII: HISTORICALLY BLACK COLLEGE AND UNIVERSITY AND OTHER
MINORITY SERVING INSTITUTIONS FUNDING INITIATIVE ......................................................... 18
ARTICLE XXIV: MISCELLANEOUS ..................................................................................................... 18
FY 2022 Housing Counseling Grant Agreement – LHCA Agencies Page 2 of 20
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 Agreement is authorized, governed, and controlled by Section 106 of the Housing
and Urban Development Act of 1968 (12 U.S.C. 1701x) (“Act”), as amended, and the Further
Consolidated Appropriations Act, 2022 (Pub. L. No. 117-103). 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 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 Payments to 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 2022 Housing Counseling Grant Agreement – LHCA Agencies Page 3 of 20
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.
ARTICLE II: 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 October 1, 2022 and
expire at 11:59:59 p.m. Eastern Time on September 30, 2023.
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, pursuant to 2
CFR 200.308, revise budget and program plans and OHC may provide reimbursements
for eligible costs incurred during the period prior to HUD making an award but no
earlier than April 1, 2022. 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 costs if the recipient
does not receive a federal award or if the federal award is 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 HUD’s approval. Grantee must request an extension in writing as early as
possible, but no later than ten calendar days prior to the scheduled expiration of the Period
of Performance. 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. Extensions must not be exercised
merely for the purpose of using unobligated balances. HUD may approve extensions for
good cause, on a case-by-case basis, which must not exceed a total of 12 months from the
original Period of Performance end date.
ARTICLE IV: 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 do all things necessary for, or incidental to, the performance of the work set
forth in their HUD Housing Counseling Work Plan.
FY 2022 Housing Counseling Grant Agreement – LHCA Agencies Page 4 of 20
2. Client Projections. The Grantee will submit for approval the number of clients
projected to be served under the Grant at the time of Grant execution.
3. Staff Changes. When there 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.
4. Provision of Services. To be reimbursed, Grantee must conduct housing counseling and
group education in accordance with HUD Handbook 7610.1 REV-5 and 24 C.F.R. 214.
B. Projected Budget. Grantee must submit a projected budget. The budget must itemize all
proposed expense categories, which may include: salaries, fringe and other employment
benefits, travel, training, marketing, outreach, and the cost of managing a network, and
HUD Housing Counselor Certification exam fees. Grantee must 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.
C. Eligible Activities. To be eligible for reimbursement as 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 and certification; and (5)
marketing and outreach of the housing counseling program to potential clients.
ARTICLE V: SUBCONTRACTS
General Prohibition Against Subcontracting. It is not permissible to contract out
housing counseling services, except as specified in 24 CFR 214.103(i). If this
exception to the general prohibition applies, Grantee shall comply with 2 C.F.R. 200
and all other requirements. The general prohibition does not apply to web-based
education services or the purchase of supplies, material, equipment, or general support
services.
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.
FY 2022 Housing Counseling Grant Agreement – LHCA Agencies Page 5 of 20
ARTICLE VII: INSPECTION AND ACCEPTANCE
Inspection, review, correction, and acceptance of all products of work of this
Agreement shall be the responsibility of the HUD POC.
The HUD POC shall inspect and accept the services and deliverables provided under this
Agreement.
ARTICLE VIII: CONDUCT OF WORK
The HUD POC 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
HUD POC. The HUD POC may issue 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 work set forth in this Agreement and Grantee’s Housing
Counseling NOFO application and may not be of such a nature as to affect price, Period
of Performance, or any other provisions of this Agreement. The HUD POC may
designate a financial management contractor to assist with Grant management, and the
HUD POC shall notify Grantee in writing of the appointment of any financial
management contractor.
ARTICLE IX: COST
A. Grant Amount. Grantee shall be reimbursed 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:
1. 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.
FY 2022 Housing Counseling Grant Agreement – LHCA Agencies Page 6 of 20
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 charged or inconsistently
charged as both (See 2 CFR 200.403). HUD may require applicants to provide
documentation supporting classification of direct and indirect costs.
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 may choose 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.
For state 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 a 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 has approved 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 client if 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 reimbursement
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 HUD at any time during and after the expiration of the Period of Performance.
FY 2022 Housing Counseling Grant Agreement – LHCA Agencies Page 7 of 20
Improper payments may be disallowed and subject to repayment using non-federal
funds or an offset to current or future grant awards.
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 number as they appear on the Grant
document.
2. Start and end dates of the report period.
3. 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 treatment of fringe benefits.
4. Staff hours. 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 reimbursement and salary reimbursement for
the quarter.
5. Itemized Expenses. Grantees must itemize actual expenses for each quarter and
cumulatively.
The accounting must include an itemization of the following, as applicable:
salaries, fringe and other benefits, training, marketing and outreach, cost of
managing a network, and indirect costs.
The itemization may be submitted in a format of the Grantee’s choosing.
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 reimbursement per activity rather than itemizing
salaries and other direct costs), must indicate their reimbursement in accordance
with that methodology.
FY 2022 Housing Counseling Grant Agreement – LHCA Agencies Page 8 of 20
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 the agency complies with nonprofit
and tax-exempt status requirements at 24 CFR 214.103(a). 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 under
or 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 and the 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 claims or
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 continue
to 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-9902 data to reflect activity funded through this Agreement. Grant
activity should be transmitted through a client management system (CMS)
directly into HCS and Grantees must report all activity billed to HUD Housing
Counseling Grants 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.
9. Reverse Mortgage Default Counseling Activities. Grantees must submit a report
indicating the total number of counselors providing default counseling for
reverse mortgage borrowers, the number of hours of training in reverse
mortgage default counseling for each counselor, and the number of 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):
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1. All items 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 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
reimbursement of indirect costs.
6. Grantees must complete and submit the Form SF-425, summarizing financial
data.
7. Grantees that receive HBCU and other MSI funds should refer to additional
requirements in Article XXIII.
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. Withholding of Funds. HUD may withhold payment to a Grantee if any project
objective, term, or condition of this Agreement, or federal reporting requirement
is not being satisfied 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 may also withhold payment or partial payment to Grantee if
Grantee is voluntarily or involuntarily placed on inactive status, including for
noncompliance with program requirements, or suspended or terminated from
HUD’s Housing Counseling Program.
E. Funds Recapture. HUD may recapture any unspent funds.
ARTICLE XI: PAYMENT REQUESTS
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A. General Payment Procedures. The forms referred to in this paragraph are available
from HUD’s website under the forms section and, upon request, from HUD by contacting
the HUD POC. The SF-1199A 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 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 eLOCCS for prior year Grant Funds for the same Grantee.
Grantees whose eLOCCS 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 eLOCCS 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 eLOCCS is no longer employed by the Grantee
and/or should be denied access to Grant funds for any reason.
5. The HUD POC may provide additional instructions on accessing and using eLOCCS.
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
funding initiative 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 payment requests only upon receipt of an acceptable
Grant Activity Report and, 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). A copy of the eLOCCS voucher must be transmitted to the HUD
POC by email at 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 personnel activity reports and certified payroll), and indirect cost rate
FY 2022 Housing Counseling Grant Agreement – LHCA Agencies Page 11 of 20
agreements to support all draw requests. In addition, Grantee must maintain a list of all
Client Counseling File numbers and 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 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 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 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 document expenses 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 occurs first.
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 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.
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
cover that 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.
ARTICLE XII: CONFLICTS OF INTEREST
A. 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
FY 2022 Housing Counseling Grant Agreement – LHCA Agencies Page 12 of 20
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 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. 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
A. 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 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. Grantee shall not disclose such
information to anyone other than HUD or other parties to whom the Client consents to
release of the information.
B. Confidentiality. Grantee must 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. In accordance with HUD Handbook 7610.1 REV-5,Chapter 5-6, Grantee must
ensure that 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. Any disclosure of Client information requires the express written 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 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, whether stated in a federal statute, regulation, the Housing
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Counseling NOFO, 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 execute the grant before the end of the period of performance
or failure to submit a drawdown request for all remaining funds within 120 days
following the end of the period of performance.
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 NOFO application that, if known by
HUD, would have resulted in this Grant not being awarded.
C. Notice of Default.
1. 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.
2. 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.
3. If an Event of Default occurs under section B(3), HUD may recapture
unexpended funds without additional notice to grantee.
D. HUD’s Remedies.
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1. 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.
2. For a Notice of Default with respect to a default under section B(2), HUD’s
remedies include:
a. Requiring that, within twelve (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;
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 under the 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 may unilaterally execute administrative amendments, such as changes in the
HUD POC or appropriation data, or amendments that 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.
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 required to retain certain records for a
longer period. Grantee may also be subject to record retention requirements under other
applicable laws and regulations including, but not limited to, the nondiscrimination
regulations cited in Article XXII.
B. Type of Record Keeping System. Grantees may use any record keeping system
provided that the system chosen interfaces with HCS for reporting and lends itself to easy
monitoring by HUD when conducting a performance review.
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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.
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 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 (30) 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-5 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 independent financial audit. Grantees who
do not have an audit or who are not required to have an audit are subject to a financial review at
HUD’s expense. HUD will review individual circumstances upon request. Grant
reimbursement 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.
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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
government in connection with a federal award. In addition, Grant Funds under this
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 submit its disclosures to the HUD POC if not submitted at 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 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
FY 2022 Housing Counseling Grant Agreement – LHCA Agencies Page 17 of 20
Prohibition Against National Origin Discrimination Affecting Limited English
Proficient Persons; and
C. Requirements Applicable to Religious Organizations. Where Grantee is, or
Grantee proposes to make subgrants or an allocation of funds to, 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 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. Participation must be voluntary for the
Clients receiving services covered, either completely or in part, by HUD funds.
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 funds by referring to
their FY 2022 Form HUD-1044.
B. Memorandum of Understanding (MOU). At grant execution, Grantees must submit
the MOU or similar agreement signed by all 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 may withhold or recapture funds if the grantee
fails to provide a copy of the signed MOU.
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
amount of funds expended and the relevant category of eligible activities carried out
pursuant to this funding initiative. Grantees must include a brief narrative describing
FY 2022 Housing Counseling Grant Agreement – LHCA Agencies Page 18 of 20
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
improvements in 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
Number of individuals employed because of training
Employment opportunities in the target community
Access to other social services
New clients gained as a result of marketing and outreach efforts
Survey results
Other
2. Describe how the institution’s students and faculty were included in the proposed
activities.
3. Describe how the institution expanded its role in the target community.
4. Describe how you would refine your program if you were to receive grant funds for a
second year.
5. Describe how HUD should refine this funding initiative.
ARTICLE XXIV: 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 CFR Part 214;
3. The Housing Counseling Program Comprehensive NOFO;
4. HUD Handbook 7610.1 REV-5;
5. HUD Handbook 2210.17 Rev-3, and
6. This Grant Agreement.
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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 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 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. Disclose Investigations. Grantees are required to report to HUD within fifteen (15)
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 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 has 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 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. Supporting Documentation: HUD reserves the right to request additional
documentation demonstrating compliance with any portion of this grant agreement.
J. 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
FY 2022 Housing Counseling Grant Agreement – LHCA Agencies Page 20 of 20
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.
K. Organizational Changes. Mergers, acquisitions, or other changes in form or
organizational structure should be reported to the HUD POC no later than fifteen (15)
days prior to the implementation of such changes. 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 Funds made to the
original Grantee, provided they meet certain conditions including, but not necessarily
limited to:
1. The new or merged entity receives HUD approval as a housing counseling agency
and,
2. The new or merged entity demonstrates that its application, Housing Counseling
Work Plan, target community, and personnel are substantially similar to that of the
original Grantee.
L. 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 by Grantee.
IN WITNESS WHEREOF, each of the Parties has caused the following Housing Counseling
Program 2022 Grant Agreement to be executed by its duly authorized officer or agent. No
alterations of the official version of the Housing Counseling Program 2022 Grant Agreement
delivered by HUD 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:
HUD:
OAKLAND COUNTY HOUSING
COUNSELING
UNITED STATES DEPARTMENT
OF HOUSING AND URBAN
DEVELOPMENT
By: ________________________________ By:
Name: Name: David Berenbaum
Title:
Title: Deputy Assistant Secretary for Housing
Counseling
Date: Date: 8/18/2022