Loading...
HomeMy WebLinkAboutResolutions - 2008.11.20 - 9567LANNING AND BUILDING COMMITTEE MISCELLANEOUS RESOLUTION 408258 November 20, 2008 BY: PLANNING AND BUILDING COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS - COMMUNITY AND HOME IMPROVEMENT DIVISION — FY 2008 HOUSING COUNSELING GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies, and Gentlemen: WHEREAS the U.S. Department of Housing and Urban Development (HUD) has awarded the Department of Economic Development and Community Affairs/Division of Community and Home Improvement federal housing counseling grant funding in the amount of $25,000.00 for the fiscal period October 1, 2008 through September 30, 2009; and WHEREAS this is the 14`h year of the grant; and WHEREAS the grant award of $25,000.00 represents A 68% variance from the application of $78,825.00, and a decrease of $37,000.00 from last year's award of $62,000.00; and WHEREAS the grant provides a full range of housing counseling services, information and assistance to housing consumers in improving their housing conditions and meeting the responsibilities of home ownership and tenancy including information for first-time homebuyers, pre-occupancy, rental delinquency and mortgage default assistance, Home Equity Conversion Mortgage Program, home improvement and rehabilitation resources, displacement and relocation resources and pre-foreclosure assistance; and WHEREAS the County intends to use the grant to supplement Community Development Block Grant personnel funds allocated to deliver housing counseling services county-wide in accordance with the Federal Comprehensive Housing Counseling Program guidelines; and WHEREAS no County funding is required for this grant continuation; and WHEREAS this grant has been reviewed and approved through the County Executive's Grant Review Process; and WHEREAS due to the grantor's constrained fifteen-day time frame (October 20 — November 4, 2008), within which the executed grant agreements must be returned to the U.S, Department of Housing and Urban Development prior to start of the Agreement, the Agreement has been sent to the Board of Commissioners' Chairperson for signature prior to the completion r of, the County Executive's Contract Review Process and the Board of Commissioners' Grant Acceptance Prcke. dures, NOW THEREFORE BE if RESOLVED that the Oakland County B4cia.t0 of Commissioners accepts the FY 2008 Housing Counseling Grant in the amount of $25,000.00, BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment, and continuation of the special revenue positions in the grant is contingent upon continued future levels of grant funding. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the Board's Chairperson and the County Executive to execute the grant agreement and attached addendum and to approve amendments and extensions up to a fifteen (15) percent variance from the award. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING & BUILDING COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Gingell, Gershenson and Woodward absent. -P IAN N: GRANT REVIEW SIGN OFF — Community & Home Improvement Division GRANT NAME: 2008 Housing Counseling Grant FUNDING AGENCY: U.S. Department of Housing and Urban Development DEPARTMENT CONTACT PERSON: Karr y Ricth 248 858-5403 STATUS: Grant Acceptance DATE: October 31, 2008 Pursuant to MSC. Resolution t#01320, please be advised the captioned grant materials have completed internal grant review. Below are the returned comments. • The captioned grant materials and grant acceptance package (which should include the Board of Commissioners' Liaison Committee Resolution, the grant agreement/contract, Finance Committee Fiscal Note, and this Sip Off email containing grant review comments) may be requested to be placed on the appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution. DEPARTMENT REVIEW Department of Management and Budget: Approved. - Laurie Van Pelt (10/23/2008) Department of Dittman Resources: Approved. - Cathy Shallal (10/23/2008) Risk Management and Safety: Approved. - Andrea Plotkowski (10/27/2008) Corporation Counsel: There are no legal issues remaining to resolve with this grant. For the last 5 years HUD has agreed to an Addendum to the grant to resolve 2 issues our office had with the grant. The issues related to confidentiality and termination. HUD is now taking the position that it will not agree to any modifications in grant agreements. HUD has provided assurances regarding our concerns but will no longer accept formal modifications to the agreement. - Joellen Shorticy Blaszczak (10/30/2008) COMPLIANCE The grant agreement references a number of specific federal and state regulations. Below is a list of these specifically cited compliance related documents for this grant. HUD Administrative Requirements for Grants (24 CFR, Part 85) itto://www.access.gpo.govinarakfi-iwaisidx 04124c1185 04.html Single Audit Act of 1984 (with amendments in 19%) litto://www_whitehouse.goviombitinancialifir, single audit.btml HUD Housing Counseling Program (24 CFR Part 214) http:liccfnapaccess,20vicgi/t/textitext- idx?e—eufr&sidge97e86c84e12c3e96c4bi9bfl I 36edamn=div88Ev iew=text&node=24:2,1.1.2.1C.2 .157.28cidno=24 Section 106 of the Housing and Urban Development Act of 1968 • HUD Handbook 7610.1 nonhudicsifTTIL- 12,:_sprirM=T-IW:i4s1—(761211[13_91&ok1=AND8.:1-1008z.SECri—TXT s.c i& — Federal Office of Management and Budget (0.MR) Circular No. A-87, A-102, and A-133 ritnutima /ornbicircularsiindex.huril 110) Reform Act of 1989 (42 USC Part 3545) HUD Reform Act (24 CUR Part 4) hito-SncceolarafckwaiskIA04/24efr4 04.html Crimes and Criminal Procedure —Fraud and False Statements (18 U.S.C. Section 1001) bttu://www foodsaftty.aovi—Irdiuscfrauct.btml HUD Government-Wide Debarment and Suspension (24 CFR, Part 24) )ittp://www.access.erio.mvitiarakfriTkaisidx 04124c -fr24 041thrtl HUD Government-Wide Requirements for a Drug Free Workplace (24 CFR, Part 21) 1.14//www.access.groo,govinaraiefewaisith. 04124cfr21 04.hinal Federal Anti-Lobbying Limitation on use of appropriated funds to influence certain Federal contracting and financial transactions (31 USC 1.352) littp://uscodc.housc.govMscode- c _I-0%,..O1TSC.0.4,29%1A.C1IF5'620%20%20%20%20%209420%20%20 HUD Restrictions on Lobbying (24 CFR, Part 87) NAL//www.aceessa.o-govinaraiefriwaisidx 04/24cfr87 04.litml Lobbying Disclosure Act of 1995. (2 USC 1601.) Er ce/resourc&pdfcontactingJ.0465.pdf Title VI of the Civil Rights Act of 1964 (42 U.S.0 Section 2000d) btu llvrtvw .usdoi.inv/crticorkoord/titlevistathtin The Education Amendments of 1972 (20 U.S.C., Sec 1681, 1683, 3.685-86) bttp://www.usdoi.govhaticar/coordititleixstat.htm The Rehabilitation Act of 1973. Section 504 (29 U.S.C. Section 794) htto://www.do1.20vioasam/reasistatotesisee504.htm Title VIII of the Civil Rights Act of 1968— Fair Housing Act (42 U.S.C. Section 3601, et seq.) jittp://www.uscloj.govicrtfhousineftitle8,11tre HUD Nondiscrimination and Equal Opportunity in Housing Under Executive Order 11063 (24 CFR, Part 107) haaitveww.access.gpo zovinartv,efilwaisidx 04/24cfr107 04.11tra1 Age Diseriminatiou Act of 1975 42 U.S.C. Sections 6101-6107 - oru,7(L../re 5/statutes/a e actbtrnaa ND%20%283/42831%29%20 r 1.7 U.S. Department of Housing and Urban Development 11omeownership Ceti= The Wanamakei Building 100 Penn Square East Philadelphia, PennsylvaniA 19107-3389 .,i mE NI 0, l'C' I 1r) '' 61 ...*,6, ,5.„.. O '3 111110 6, 1 '4:11v DEYW OCT 2 0 20013 OAKLAND COUNTY HOUSING COUNSELING cio Kathy A. Williams 250 Elizabeth Lake Road Suite 1900 Pontiac, MI 48341-0414 DUNS# 136200362 Dear Kathy A. Williams: am pleased to inform you that OAKLAND COUNTY HOUSING COUNSELING has been conditionally awarded a grant to conduct a housing counseling program on behalf of the Department of Housing and Urban Development in accordance the Housing Counseling Notice . of Funding Availability (NOFA) published in the Federal Register dated May 12, 2008, and with the work plan submitted in your application. Funds will be obligated and made available upon execution of the Grant Agreement and the timely submission of all the documents and information requested in this letter. ?lease note that funds are subject to the availability of appropriations. Funds for this grant shall be used as follows: S20,000.00 for Comprehensive Counseling $5,000.00 for IIECM Counseling Enclosed you will find a copy of the Grant Agreement and three copies of Form HUD- 1044, Assistance Award/Amendment for the category of funding approved under HUD's Fiscal Year (FY) 2008 Housing Counseling NOFA. Please sign and date all copies of the 1044s, retain one copy for your records, and return two copies to the person listed below, within 15 days of the date of this letter. Also, please verify that HUD's Housing Counseling System (HOS) contains the correct name and telephone number of the individual in your organization who will be the daily contact person for HUE) regarding your housing counseling program. In addition, as a condition of award, the following documents and/or information, if applicable, must be submitted within 15 days of the date of this letter: Fair bh ;VW An Option, h's The Law: r. i. 1. Indirect Cost Rate documentation. See page 27140 of the FY 2008 HUD SuperNOFA, published in the Federal Register on May 12, 2008, for a detailed explanation of this requirement. If your organization does not incur indirect costs, or will not apply them to this aTant, please state so in writing. Financial Management Systems. Grantees mus submit documentation demonstrating that the organization's financial management systems satisfy the requirements in the applicable regulations at 24 CFR 84.21(b) and 85.20. Additionally, consistent with the requirements Of the Single Audit Act Amendments of 1996 (31 U.S.C. §§ 7501- 07), all grantees that expended $500,000 or more in Federal awards in the most recent fiscal year, must submit documentation verifying that the grantee has been audited in accordance with OMB requirements as established in 24 CFR part 84. 3, Code of Conduct. If not submitted as part of the relevant grant application, Grantees must submit a written code of conduct that: prohibits real and apparent conflicts of interest that may arise among officers, employees, or agents; prohibits the solicitation and acceptnce of gifts or gratuities by officers, employees and agents for their personal benefit in excess of minimal value; and outlines administrative and disciplinary actions available to remedy violations of such standards. Also, describe the methods used to ensure that all officers, employees, and agents of the organization are aware of the Code of Conduct. A more detailed description of the written Code of Conduct is located on page 14884 of the General Section of the FY 2008 HUD SuperNOFA, published in the Federal Register on March 19, 2008. An applicant who submitted an application during FY 2006 or FY 2007 and included a copy of its code of conduct will not be required to submit another copy if the applicant is listed on HUD's Web site at http://www.hud.gov/officesksdndgrcints/codeofconduct/cconduct.glin and if the information has not been revised. An agency not listed on the above - website must submit a copy of its code of conduct as a condition for award. 4. Award Budget. Submit a detailed, comprehensive budget listing all proposed expenses under the grant. At a minimum, if applicable, the budget must include salaries, fringe and other benefits, training, travel, rent, phone, postage, supplies, technology/equipment, and indirect costs. Tim budget must account for how every dollar being billed to the grant will be spent. If the budget differs from that submitted with the application, explain in detail any changes. You may revise the form HUD- 424-CB submitted with the application, or you may submit a budget in the format of your choosing if the form HUD-424 CB does not provide enough detail. The key is that all expenses are itemized. If using form HUD-424 CB, entries relevant to the grant must be made in column 1, HUD share. Intermediaries and State Housing Finance agencies (SHFAs) must also submit a detailed budget accounting for how all administrative funds, in other words funds not passed through to sub-grantees or allocated to branches, but used to run the program, were spent by the Intermediary' or SHFA, inciudina training, travel, salaries, indirect cost and equipment. 5. Revised Form HUD-96010, Program Outcome Logic Model. If the gain award amount listed above is different from the amount requested in the gant application, grantees must submit an adjusted Form HUD-96010. based on the actual award amount Adjusted projections should be consistent with the initial projections submitted with the application and prorated to correspond to the actual award amount, but remain in the same proportion as initially submitted. You must update the form BUD-96010 that was submitted through grants.gov as part of the relevant application. Submit the revised lo clic model form electronically via email to: jennifer.M.Sica@hud.gov Grantees will be required to submit an updated HUD Form-96010, Program Outcome Logic Model, reflecting actual achievements, with each quarterly, 'midterm, and final report, in accordance with the reporting requirements of the Grant Agreement. The information in this form provides the primary means through, which HUD will monitor the ongoing performance of their grantees. 6. Sub-allocation List. As a condition of award. Intermediaries and SHFAs must list _ sub-grantees and funded branches, and their corresponding sub-allocations, in HCS. 7. Client Management System. As a condition of award, all Grantees must certify that they, and all sub-grantees and funded branches, if applicable, utilize a client management system (CMS) that meets HUD's requirements and interfaces with HUD's databases for the collection and submission of client-level data, form HUD- . 9902, and agency profile information. List all relevant agencies and the CMS they utilize. Documents and information must be submitted to your assigned GTR: Jennifer Sica Single Family Program Support Division Homeownership Center, The Wanamaker Buiiding 100 Penn Square East Philadelphia, PA 19107-3389 Once all information has been reviewed and approved by my staff, we will send a countersigned Grant Agreement, process the award and establish -, an account for your organization. Information about procedures for submitting an initial voucher can be found in Handbook 7610.1 Rev-4, Appendix 14-D. • If you have any questions o: concerns, please contact Mr. Michael G. McGowan at 215-861-7258. We look forward to a produc:ive partnership with your organization in helping to expand affordable housing opportunities. Sincerely, . , ),•• Brenda J. Bellisario Director Program Support Division Enclosures Assistance Award/Amendment U.S. Department of Housing and Urban Development Office of Adminlstratioi -----,_-__ 1. Assistance Instrument 2. ifyDe 4-,::` .4ctor .___. Cooperative Agreement X Grant X Award I Amendment 3. Instrument Number 4, Amen.vr.en; Nurrner 5. Effective Date of th.s Action 6. Control Number 1130 1 3 ' October 2008 7. Namo and Address of Recipient 8. HUD Acrnn,stering Office OAKLAND COUNTY HOUSING COUNSELING Departmeit o'. HUD, Program Support Division 250 Elizabeth Lake Road - Suite 1900 The Wanamaker Building Pontiac, MI 48341-0414 100 Penn Square East Philadeloh.a, PA, 19107-3389 TIN NUMBER: 38-6004875 8a. Name. of Admnisirator 6h. Telephone Number Jennifer Sica 215-861-7266 10. Recipient Project Manager 9. HUD Govern-I-lent technical Representative Kathy A. Williams 248-858-5402 Robert Wright 215-861-7268 11. Assistance Arrangement 12. Payment Method 13. HUD Payment Office Cost Reimbursement 0 Treasury Check Reimbursement CFO Accounting Center/HUD D CostSharing D Advance Cheek . PO Box 901013 0 Fixed Price Automated Clearinghouse Fort Worth, TX 76101 14. Assistance Amount 15, HUD Accounting and Appropriation Data Previous HUD Amount 15a. Appropriation Number 15b, Reservation number HUD Amount this action $20,000.00 Total HUD Amount $20,000.00 Amount Previous y Obligated $ .... ........ ,.:. ... . . ... ......... , ... .... Recipient Amount $ Obligation by this action $20.000.00 Total Instrument Amount $20.000.00 Total Obligation .20,000.00 16. Description FY 2008 - HOUSiNG COUNSLLING GRANT VOUCHER UNDER LOCCS BUDGET LINE ITEM 9500. GRANT TYPE: LHCA Comprehensive 7.IX Recipient is required to sign arid return Three (3) copies of this document to the HUD Administerino Dice Recpien: (By Name) 18, Recipient ;s not required to sign this document. 20. HUD By kan Brenda J. Besario Signature & Title Dare (7r nrVcco'yyvy; Signature & I Date (rnrn/aWyyyy) Director, Ptcorarn SUi30o1r torm HUD-1844 (8190) re;. Handbooi: 2210.17 Date (rn-nicd/yyyy) Dale 1:,i7:-.2.,,yyvy) 19. Recipient {By Narnei Signature & Tide 20. HUD (By Name: Brenda J. Bel:.sare Signature & Tie Assistance Award/Amendment U.S, Department of Housing and Urban Development Office of Administration 1. Assistance instrument 2, Tipc. of Action 0, Cooperative Agreement Grant X Award n ArneneMent 3- Instrument Number 4. Amendment Number 5. Effective Date ID` itns Action 6. Control Number HC08-0392-004 ' October 2008 7. Name and Address of Recipient 8. HUD Adrnirilstenro Office OAKLAND COUNTY HOUSING COUNSELING ] Department of HUD, Program Support Division 250 Elizabeth Lake Road - Suite 1900 The WanaMaker Building Pontiac, MI 40341-0414 100 Penn Square East • PhilaaelohIa, PA, 19107.-3389 TIN NUMBER, 38-6004875 8a, Name izi Adrninistrator l 8b. Telephone Nurner Jennifer Sice i -215-861-7266 i 10. Recipient Project Manader 9. HUD Govenment Technical Representative Kathy A. Williams 248-858-5402 Robert Wright 215-861-7268 'i: Assistance Arrangement 12. Paymen: Mett-,oz: 13. HUD Payment ()trice El Cost Reimbursement • Treasury Check Reimbui-semont CEO Accounfing Center/HUD 0 Cost Sharing 0 Advance Check PO Box 901013 111 Fixed Price iR Automated Clearinghouse Fort Worth, TX 76101 14. Assistance Amount 15. HUD Acccrinting and Appropriation Data Previous HUD Amount $ 15a. ApPropriafon. Nornbe7 15b. Reservation number — ........., HUD Amount this action $5,000,00 Total HUD Amount $5.000.00 Amount Previously Obligated .,_. Recipient Amount $ Obligation by this action $5,000.00 Total Instrument Amount . $5,0U0.00 Total Obligation $5)000.00 16. Descriptor FY 2008 - HOUSING COUNSELING GRANT VOUCHER UNDER LOCCS BUDGET LINE ITEM 9500. GRANT TYPE LHCA HECM IX Recipient is requirec to sign and return tnree copies of this document to the HUD Administering C(:e 18. 7 Recipient is not required to sign this doCurnent. Directct, Progrann Support tril HUD-1044 (8)90) ref Hawrocok 2210.'7 0 or S. '5' 'FABLE OF CONTENTS , 1 -1 3 4 7 10 10 10 11 12 14 18 18 19 20 20 20 20 20 20 21 23 ARTICLE I ARTICLE II ARTICLE III ARTICLE IV ARTICLE V ARTICLE VI ARTICLE VII ARTICLE VIII ARTICLE IX. ARTICLE X ARTICLE XI ARTICLE XII ARTICLE XIII ARTICLE XIV ARTICLE XV ARTICLE. XVI ARTICLE XVII ARTICLE XVIII ARTICLE XIX ARTICLE X.X ARTICLE XXI ARTICLE XXII ARTICLE XXIII GENERAL DEFINITIONS PERIOD OF PERFORMANCE STATEMENT OF WORK SUBCONTRACTS AND SUB-GRANTS ADMINISTRATIVE REQUIREMENTS INSPECTION AND ACCEPTANCE CONDUCT OF WORK PRICE PAYMENT REQUESTS REPORTING CONFLICTS OF INTEREST SECURITY OF CONFIDENTIAL INFORMATION DEFAULTS AND REMEDIES AMENDMENTS RECORDKEEPING AND AUDITING DISPUTES AUDIT REQUIREMENTS DEBARMENT AND SUSPENSION DRUG-FREE WORK PLACE REQUIREMENTS LOBBYING RESTRICTIONS NONDISCRIMINATION REQUIREMENTS MISCELLANEOUS FY 2008 )-IC Gram A LueenitTit V. ' TIM GRANT AGREEMENT (Agreement) is made between the United States Department of Housing and Urban Development (HUD) (Grantor) and the organization specified in block seven (7) of the attached Form HUD-1044 (Grantee). ARTICLE I — GENERAL This Arreerrient is authorized by Section 106 of the Housing and Urban Development Act of 1 968 (12 U.S.C. 170:x) (the Act) and the Consolidated Appropriations Act of 2008. The purpose of this Agreement is to set forth the terms and conditions under which HUD will provide federal financial assistance to Grantees to cam/ out a HUD-approved housing counseling program under the Act. This Agreement is governed and controlled by the following documents, which are incorporated by reference, as they may be amended from time to time: 1. 24 CFR_ Part 214, Housing Counseling Program; Final Rule:- 2. Section 106 of the Housing and Urban Development Act of 1968; 3. Applicable Federal Regulations; 4. The General Section of the SuperNOFA (Notice of Funding Availability) for HUD's Discretionary Programs printed in the Federal Register on [Vol. 73, No. 54, pages 14882-14912; Docket No. FR-5100-N-01] 5. The Housing Counseling Programs Notice of Funding Availability published in • the Federal Register on May 12, 2008 [Vol. 73, Nc, 92, pages 27135-27150; Docket No. FR-5200--N—?.8] 6. HUD Handbook 7610,1. REV-4, CHG-2, dated October 27, 1997, Housing Counseling Program, as amended (HUD handbook 7610.1); 7. Grantee's application submission, including the application, the statement of work, certifications, assurances, and documentation, to the extent consistent with applicable laws ; the SuperNOFA if applicable, this Agreement, and HUD Handbook 7610.1; - 8. Form HUD-1044, Assistance Award/Amendment; and 9. Grantee's current HtThapproved Housing Counseling Plan. Grantee agrees to can -y out its eligible activities (See Article IV A.) under this Agreement. The provisions of this Agreement shall apply to the Grantee, and where applicable, Sub-grantees that will assist with carrying out this Agreement. ARTICLE II— DEFINITIONS Affiliate means a separately incorporated or organized housing counseling agency connected with an intermediary or State Housing Finance Agency (SEFA) for the purposes of its housing couns;.s.iing program. To be eligible for a sub-grant an affiliate must be: (1) duly organized ;11 -1d existing as a -nonprofit, (2) in good standing under the IV 2008 HC G:-ant Grant laws oldie state of its organization, and (1) authorized to Co business in the states where proposes to provide housing counseling services. B. Branch or Branch Office means an organizational and subordinate unit of a Local Housing Counseling Agency (LHCA) or Intermediary not separately incorporated or organized. A Branch or Branch Office must be in good standing under the laws of the state where it is authorized to do business and where it proposes to provide housing counseling services, A Branch or Branch Office cannot be an applicant, affiliate or sub - grantee. C. Clients Individuals or households who seek the assistance of an agency participating in HUD's Housing Counseling program to meet a housing need or resOve a housing problem. D. Government Technical Monitor (GTM) — The GTivl is HUD staff person that monitors the activities of housing counseling grantees_ This individual may be appointed to assist the Government Technical Representative (GTR). The GTR may delegate duties to the GTM. E. Government Technical Representative _(GTR The GTR is HUT) staff person that monitors the activities of housing counseling grantees. This individual is responsible for technical and financial oversight and evaluation of the Grantee's performance under this Agreement. The GTR reviews and monitors the Grantee's work performance, payment requests, and reports. The GTR is identified in block nine (9) of the attached Form HUD- 1044. F. Grant Agreement means this agreement. G. Grantee means the HUD-approved counseling agency or housing finance agency that receives housing counselin,g,, funds from HUD under this Grant Agreement. In the case of a LIICA, Grantee includes the Branches or Branch Offices identified in Grantee's SuperNOFA Application, In the case of an Intermediary ; Grantee includes the Branches or Branch Offices listed by the intermediary using the sub-allocation tool in HUD's Housing Counseling_ System as a requirement of execution of this grant document. Branches and Branch Offices of intermediaries may be amended, pursuant to Article V, section (B)(2) of this Agreement. H. Grant or Grant Funds means the federal funds provided by HUD for the purposes outlined in this Agreement. Grant Officer means the offic ial authorized by HUD to execute and administer this Agreement. The Grant Officer is identified in block tvverly (20) of the attached fonTi HUD-1044. j, Intermediary means a. HUD-approved organization thal provides housing counseling services indirectly through its Branches, or Affiliates, for whom it exercises control over FY 2008 ITC Grant • Gram Agreement ('' (3 ) the quality and types of housing counseling services. As used in this Agreement, the term Intermediary refers to any of the following entities: (1) State Housint, Finance A.c4encv (SHEA) that provides housing counseling services through its Affiliates or Sub-grantees; National Intermediary_ A national intemiediary -wovides in multi le regi - the United Stares; (i) I-lousin counseling services throughits branches or affiliates or both and (ii) Administrative and supportive services to its network of affiliates or branches. including but not limited 10, pass —throu2h funding tr4jailig, and technical assistance. Regional Intemiediary. A regional interniediary provides in a geneully recognizeimion within the United States. such as the Southwest, Mid-Atlantic, New Enland. (i) Housino counseling cervices ifironah itc hrArlPh PC or nffiliatpQ rir both: and (ii) Administrative and supportive services to its network of affiliates ok b rpnches including but nor limited t oa s s - fi 0 w training _111 n and technical assistance. K. Local Housing Counselin Agency (LHCA).- A housinir COUrIS , s . ec.tly provides housing counseling services. An LI-ICA.Iv_e_a_mainnfficxadjaiaL or more branch offices, in no more than two contiguous states. L. Multi-state Organization (MSO). A multi-state organization provides housing counseling services through a main office and branches in two or more states. M. State Housing Finance AQ.encv (SIIFA) means any public body, or agency, or instrumentality created by a specific act of a State legislature empowered to finance activities designed to provide housing and related facilities, through land acquisition, construction. or rehabilitation throughout an entire State. SHFAs may provide direct -counseling services or sub-grant housing counseling funds, or both, to affiliated housing counseling agencies within the SIIFA's state, The term State includes the several states, Puerto Rico, the District of Columbia, Guam, the Commonwealth of the Northern Mariana Islands, American Samoa, and the Virgin Islands. N. Sub-grantee means an eligible organization to w .hich the Grantee awards a sub-grant, and which is accountable to the Grantee for the use of the funds provided. A Sub-grantee may be separately incorporated Or organized, but connected with an Intermediary or SHFA for purposes of the NOFA, In the case of an Intermediary or SHEA that is a Grantee. Sub-grantees, if applicable, are listed by the Grantee using the sub-allocation tool in HITJD's Housing Counseling System as at requirement of execution of this grant document. The list of Sub-grantees may be amended, pursuant to Article V, section (B)(2) of this Agreement. 0. Other pertinent definitions located in the SuperNOFA, 24 CFR Part 214, and HUD Handbook 76101, as amended, are applicable to this Agreement. nrwirnpc or FY 2130S HC Cirant 3 Grant A 2.reernent ARTICLE — PERIOD OF PERFORMANCE A. Period of Performance. The Period of Performance snail begin on October 1, 2008 and expires at midnight on September 30, 2009. B. Extensions. The Grantee does net have the authority to extend this Agreement without the written approval of the Department. Grantee shall advise the GTR in writing as early as possible, but no later tha7 -1 thirty (30) calendar days pl-ior to the scheduled expiration of the Period of Performance if an extension of the Period of Performance is requested. This request inust include the reasons, besides simply using any nn-obligated balance, why an extension is necessary and justified, the spe.cille time frame of the proposed extension, and an explanation of how the funds Mil be effectively spent within the proposed extension period. HUD may approve a oue-time extension, for good cause, on a case-by-case basis. Extensions, which are not routine!y (1 -anted, will not be exercised merely for the purpose of using un-obligated balances. Only the GTR is authorized to approve extensions. ARTICLE IV -- STATEMENT OF WORK • A. Housing Counseling Services. I. Scone of Services. The housing counseling plan proposed in the Grantee's application represents the scope of services under this award. Grant. funds shall only be used for one or more of the eligible services described in the Notice of Funding Availability (NOFA). A Grantee must receive approval from the GTR before implementing any changes in the housing counseling plan proposed in its application. A grant awarded under the NOFA is not intended to cover the total cost of carrying out Grantee's counseling program, and Grantee shall obtain funds from sources other than HUD to cover that portion of the program not funded by HUD. Grantee, and its Sub-grantees, where applicable, shall furnish the necessary personnel, materials, services, facilities (except as otherwise specified herein), and otherwise do all things necessary for or incidental to the performance of. the work set forth in this Agreement. Grantee must notify GTR in writing within fifteen (15) days when there is a change in the management staff or housing counselors responsible for the Grantee's housing counseling program. Grantee, and its Sub-grantees where applicable, must be knowledgeable about HUD housing programs, including Federal Housing . Administration (FHA) programs, housing programs available in the community and the local housing market, and discuss these programs with Clients, along with other viable alternatives : when applicable and appropriate. 2. Provision of Service. See 24 CFR Part 214, and HUD Handbook 7610.1, Housing Counseling Prozrarn, as amended (HUD Handbook 7610.1) for requirements regarding housing counseling and education under this grant. When providing the FY 2008 HC Grant Grant Auetrnein eligible housing counseling services, Grantee, and its Sub-grantees where appiicable, Coordinate with HUD, mortgagees, lenders, and public and private community organizations that are also working with the Client in order to provide maximum service to the Client. (ii) Refer Clients, as appropriate, to other community service organizations. (in) Provide housing counseling services on a priority basis to low and moderate income Clients. (iv) Contact and work with the appropriate mortgagee and HUD Office to assist Clients who are (i) in default on their monthly mortgage payments, (ii) being considered under the Loss Mitigation Program, or (iii).in financial difficulty or in default under a forbearance agreement. Provide specialized counseling on shared housing or referrals to organizations providing such counseling and information on available housing for sharing. (vi) Provide counseling offices and services that are accessible to persons with a wide range of disabilities. (vii) Assist Clients with locating suitable housing within Grantee's or Sub-grantee's community, target area, or metropolitan areas as defined by Grantee. 3. Mandatory Referrals. Grantee and its Sub-grantees where applicable, shall make a reasonable effort to refer to other community and national resources all individuals who contact the Grantee 01" Sub-grantee, for assistance but whom Grantee, or Sub- . grantee, is unable to serve. B. Requirements. 1. Client Manage,nent System, Grantee and sub-grantees, if applicable, must utilize a client management system that meets HUD's requ'sements and interfaces with HUD's databases for the collection and submission of client-level data, form HUD- 9902, and agency profile information. 2. Placement on Lis.t of housing Counseling Agencies and toil-free hotliue. Contact information for Grantee, funded Branches, and Sub-grantees, where applicable, that directly provide services, shall be maintained on HLTD's list of housing counseling agencies and toll-free hotlnie, including separate contact information for each Sub- irrantec or Branch. Grantee, its Affiliates or Sub-grantees agree to serve all (,) (v) FY 200S Grant S Ciratt A L'IeCfM11( 1 .1 • individuals referred to them through these resources unless the individual seeks assistance in an area, or in a format, hat Grantee or Sub-grantee does not have expertise in, sufficient resources are unavailable, or Grantee or Sub-grantee does not have counseling sessions available for the time period sought by the individual, 3. Housirw Counseling Sysern, Grantee and Sub-qantees, if applicable, must ensure that all agency profile data, and sub-allocation data, if applicable, in HUD's Housing Counseling System (HCS) is correct and current. and updated in a timely manner when changes occur. • 4. HUD-funded Housing Counseling Program Evaluation. Grantee and all Sub-grantees are required to cooperate with HUD staff in research or evaluative studies, or both, related to the Housing Counseling Program and Grant. C. intermediary and SHFA Functions. 1. Responsibility for Grant Administration, • Grantee shall have wide discretion to implement usc of its Grant through its Sub-grantees, if applicable ., and is responsible for managing the daily operations of iis program. The use of Sub- grantees, however, does not relieve Grantee of its responsibility for complying with this Agreement and other applicable laws. Grantee agrees to accept responsibility for its Sub-grantees' compliance with the applicable provisions of this Agreement. Grantee shall monitor the performance of its Sub-grantees, and take appropriate action to resolve problems to ensure compliance with this Agreement, Sub-grant 'agreements, and other applicable laws. Grantee must have in place a quality control plan that specifically outlines how grantee monitors the performance of its Sub- grantees. This quality control plan shall be available to HUD upon request. Sub-grants to Affiliates and Allocation of Funds 10 Branches. Grantee shall maintain copies of all sub-agreements and a written record explaining how it sub- granted funds to its Sub-grantees. Grantee shall also maintain a written record of funds allocated to its Branches. These sub-agreements and records shall be available to HUD and the Grantee's Sub-grantees. As a condition of award, Grantees acting as intermediaries must list Sub-grantees and funded branches, and their corresponding sub-allocations, in RCS. See Article V, B.2., of this Agreement regarding changes in the list of Sub-Errantees or funded branches, or both, as well as to sub-allocation amounts. 3. Sing..1c Audit Act Grantee Responsibilities. Grantee shall fulfill its responsibilities as a pass-through entity under the Single, Audit Ac:, 31 U.S.C. § 7502(0(2), and OMB Circular A-133.. 400(d). These responsibilities include, but are not limited to, sharing information with Sub-grantees, monitoring the activities and finances of Sub-grantees, ensuring that Sub-grantees satisfy the single audit requirements, reviewing Sub-grantees' audits, and ensuring that corrective action is taken to resolve audit findings. n, FY 2008 HC Grant 6 Grant Atatcmera ARTICLE V SUBCONTRACTS AND SUB-GRANTS A. General Prohibition. As prescribed by II150's regulations at 24 CFR 84.25(0(8), 84.82(d)(3)(iii), or 85.30(d)(4), a Grantee that is SUbjCZ1. to 24 CFR part 84 shall not sub- grant, transfer, or contract any of-the work under this Agreement. A Grantee that is subject to 24 CFR part 85 shal not sub-grant, contract ; or otherwise obtain the services of a third party to perform activities which are central to the purposes of this Grant, Notwithstanding this general prohibition, a Grantee may sub-grant; transfer ; or contract if any of the following exceptions apply. 1. For a Grantee that is subject to 24 CFR part 84, the sub-grant, transfer, or contract was described in Grantee's grant application and funded in the approved Grant. HUD will indicate in block sixteen (16) of the attached HU-D-1044 if any sub- grant, transfer, or contract is not funded. Notwithstanding the Grantee's grant application and any statement, or lack of any statement, in the attached HUD- • 1044, a Grantee that is a SHFA, when not acting as an Intermediary or a LFICA shall not make sub-grants for the performance of any part of this Agreement. 2. HUD approves the sub-grant ; transfer, or subcontract. 3. The sub-grant, transfer, o subcontract is for the purchase of supplies, material, equipment, or general support services. If this exceptio -a to the general prohibition applies; Grantee shall comply with the applicable procurement - standards in 24 CFR 84.41 through 84.48, 24 CFR 84.84, or 24 CFR. 85.36. B. ftgtil_-ements Applicable to Sub-grants by Gran1es. This paragraph only applies to a. Grantee which provides funding to Sub-grantees or Branches, I. Eligible Sub-grantees/Branches. A Grantee may make sub-grants to affiliates that - are not HUD-approved, and fund branches, provided that the quality of services provided by the affiliate/branch meets or exceeds the standards for HUD- approved LHCAs in HUD Handbook 7610.1. This Agreement serves as the Grantee's certification that the quality of services provided by Sub-grantees that are not HUD-approved, or by branches, shall meet or exceed the standards for HUD-approved LECAs. HUD doe, however, reserve the right to request that Grantee provide I-ILTD documentation that supports Grantee's certification that Sub-grantees, which are not HUD-approved, o branches, meet or exceed the standards for HUD-approved LHCAs. 2. ChamTes to the Cornbost ion of Sub-m -antees and funded Branches. To amend the :ist of Sub-grantees or funded Branches, or corresponding sub-grant amounts, or both, .after the execution of he grant award document, Grantee must request in writing to HUD to amend the hst of funded Branches or Sub-grantees, or both, identified M 1-ICS through the sub-allocation tool. Upon HUD's approval of such request, the sub-allocation tool hi HCS must be amended by the intemmdiary or FY 2008 FC: Grunt Gram A u.reetnen SHFA, and this Grant A.2reement shall be deemed amended accordingly. HUD, however, may require a Grantee execute an amendment to this Agreement amending the Grailt amount where a change in the composition of Sub-grantees or Branches providing counseling services changes a Grantee's classification as a National or Regional Intermediary and reduces the applicable SuperNOFA award limits under which Grantee's grant application was evaluated, 3. Fundin,q. A.ereements between Grantee and Sub-rantees. Grantee shall execute a written sub-grant agreement with each Sub-grantee before disbursing funds to the Sub-grantee. All sub-grant agreements shall conain such terins as required by this Agreement, any terms to carry out the purposes of this Agreement, and any additional terms consistent with tins Agreement as the Grantee deems proper. - The sub-grant agreement must clearly delineate the mutual responsibilities for program management, including appropriate time frames for reporting results to HUD. State, local, or federally recognized Indian tribal governments shall also include in their sub-grants those clauses required by 24 CFR. 85.37. Grantee shall include the following certifications in each sub-grant agreement: (A) Debarment and suspension. Each sub-grant agreement shall include without modification the clause in the Form HUD-2992 entitled "Certification Regatding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tiered Covered Transactions" in all solicitations and agreements for lower tiered covered transactions, including but, not limited to a sub-grant agreement between Grantee and an Affiliate or Sub-grantee; and (B) Lobbying, Grantee shall include without modification, the certification languaEie in the HUD-0O71 in all sub-grant agreements. C. Documentation of Fundin 2 Decisions. As required by section 102(a) of the HUD'Reform Act of 1989 (42 U.S.C. § 3545(a)) and 24 CFR 4.5(b), Grantee shall comply with the following requirements where HUD awarded this Agreement to Grantee through a competition such as the SuperNOFA and Grantee makes the grant funds available on a competitive basis to Affiliates or Branches, or both: 1. .Grantee shall ensure that it creates sufficient documentation regarding each application to indicate the basis upon which assistance was provided or denied; and Subject to the requirements of state and loca law, Grantee shall make the material required by subparagranh C.] of this Article avai]able for public inspection for at least five (5) years inginu:ntz no later than th;rty (30) calendar days after Grantee executes the Sub- tIrant agreement. FY 2005 HC a-ant 3ran1 A Ln-cc. Men D. Notice of Funding Decisions, As required by section 102(a)(4)(C)(i) of the HUD Reform Act of 1989 (42 U.S.C. § 3545(a)(4)(C)(i)), a Grantee that is a state or unit of general local government shall notify the public at least every six (6) months of sub-grants under this Agreement where HUD awarded this Agreement to Grantee through a competition such as the SuperNOFA and Grantee makes this assistance available on a competitive basis to Affiliates or Sub-grantees. The notification shall contain the elements required by 42 U S C § 3545(a)(4)(C)(i). This notification may be .ny any method conducive to providing information to the public, E. Sub-grant Appiicant Disclosures. As required by section 102(b) of the HUD Reform Act of 1989 (42 U.S.C. § 3545(b)). a Grantee that is a State or unit of general or local government shall not execute any sub-grant agreement until the Affiliate or Sub-grantee makes the disclosures required by this section of the HUD Reform Act of 1989. 1. Disclosure Reports. A Grantee that is a State or unit of general local government shall ensure that Affiliates or Sub-grantees that submit applications to receive assistance and receive, or can reasonably be expected to receive, an aggregate amount of assistance in excess of $200,000 during the Federal fiscal year in which the application is submitted, disclose at the time of application other government assistance to be used with respect to the activities to be carried out with the assistance, the name and pecuniary interest of any person with a pecuniary interest in the activities for which assistance is sought, and the expected sources and uses of funds that are to be made available for the activities. Updates to Disclosure Reports. As required by 42 U.S.C. § 3545(c) and 24 CFR 4.11, Affiliates and/or Sub-grantee; shall update their Disclosure Reports to reflect substantial changes in their disclosures. The period during which these updates arc required begins when the application is submitted and ends when the Applicant discharges all obligations under the terms of the assistance. 3. Access to Reports. Subject to the requirements of State and local law, Grantee shall make all Disclosure Reports available for public inspection for five (5) years in the case of applications for competitive assistance and for three (3) years in the case of other applications. Updated Disclosure Reports shall be available along • • with the Original Disclosure Reports, but in no case for a period of less than three (3) years. Salary Limitation for Consultants. FY2008 funds may not be used to pay or to provide reimbursement for payment of the salary of a consultant, whether retained by the federal government or the grantee, at a rate more than the equivalent of General Schedule 15, Step 10 base pay rate for which the annual rate for FY2008 is 5124,010. The houry rate is $57.90. FY 2008 HC Glum 9 Gran: A,_!:eemelit 4 . ARTICLE Vi-- ADMINISTRATIVE REQUIREMENTS A. An am-tement with a non-profit organization, institution of higher education, or hospital shall be subject to the following administrative requirements as they may be amended: 24 CFR part 84„ Grants and Agreements With institutions of Higher Education, Hospitals and Other Non-Profit Organizations, as applicable; and 2. OMB Circular A-110, L.:inform Administrative Requirements- for Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations, as amended. B. An agreement with a state, local or federally recognized Indian Tribal government shall be subject to the following administrative requirements as they may be amended: 1. 24 CFR part 85, Administrative Requirements for Grants and Cooperative Agreements to State. Local and Federally Recognized Indian Tribal Governments; and OMB Circular A-102, Grants and Cooperative Agreements with State and Local Governments. C. Mergers, acquisitions, or other changes in form or organizational structure must be reported to the GTR and receive HUD's prior written approval. ARTICLE VII-- INSPECTION AND ACCEPTANCE Inspection, review, correction, and acceptance of all products of work of this Agreement shall be the responsibility of the GTR. The GTR may receive recommendations from assigned GTMs, but final acceptance of all products shall be the responsibility of the GTR, The GTR or GTM shall inspect and accept the services and deliverables provided under this Agreement. Grantee shah inspect and accept the services and deliverables provided to it by its Sub-grantees. ARTICLE VIII-- CONDUCT OF WORK The GTR shall be Grantee's first and primary point of contact with HUT) on all matters of a technical nature. Grantee shall submit all reports or other materials to the GTR. The GTR may issue. written or oral instructions to Grantee to supplement the Statement of Work described in this Gram. Such instructions must be within the Scope of Work set forth in this Grant, and may lru Giant Agrcemcn: FY 2005 HC Grant not be of such a nature as to affect price, period of performance. or any other provisions of this Agreement. The GTR may designate a GTM to assist with grant management and the GTR shall notify Grantee in writing of the'appon-,tment of any GTM, ARTICLE IX -- PRICE A. Maximum n Grant Amount. Grantee shall be paid according to the terms of this Agreement for all work required, performed, and accepted under the Agreement in an amount not to exceed the amount shown in block fourteen (14) of the attached Form HUD-1044 (Maximum Grant Amount). Grantee shall bear the burden of all costs in excess of the Maximum Grant Amount. B. Desimation of Assistance Arrangement. Grantee shall be paid for its performance of this Agreement according to the type of assistance arrangement designated in block eleven. (11) of the attached Form HUD-1044, All Grants, sub-aunts and allocations funded by Fiscal Year 2008 Superl\TOFA competitive housing counseling funds shall be made on a cost reimbursement basis, C. Prior Approval Rc.-ouired for Revisions to Budget and Pr .0 -rc m_Flans. Grantee shall report and request prior HUD approval for deviations from budget and program plans in accordance with the applicable regulations in 24 CFR 84.25, 84.82, or 85.30. D. Cost Reimbursement. Grantee shall comply with the applicable regulations in 24 CFR part 84 subparts A. through D or 24 CFR part 85. Grantee shall ensure that all Sub-- grantees comply with the provisions of this paragraph. 1. Allowable Costs. HUD shall pay Grantee, up to the Maximum Grant Amount as stated in the Housing Counseling NOFA for Allowable Costs. Grantee is prohibited from using all or part of grant to satisfy delinquent federal debt. Allowable Costs are - costs incurred in the performance, of this Grant Agreement that are determined by HUD to be allowable, allocable, and reasonable in accordance with the: (A) pr, visions of this Agreement, and (B) apj. licable federal cost principles as outlined in OMB Circular A-122 Cost Prn cipies for Non-Profit Organizations. (Dated May 10, 2004 ), OMB - Cin ular A-87 Cost Principles for State, Local and Indian Tribal GoVemments, (Dated May 4, 1995, further revised May 10, 2004 ), or OMR Crcular A-21 Cost Principles for Educational Institutions (Dated August, 8, 2000, further revised May 10, 2004), If these circulars are revised during the period of performance of this Agreement the most recent revision shall apply. • 2. Indirect Cost Rates. The aiiowable indirect cost rate is stipulated in block sixteen (16) of the attached Form HUD-l044 or a separate written agreement with Grantee. FY 20081-1C Oran!. 11 Cianii,..uterncnt (If block 16 indicates an incErect cost rate of zero, then Grantee will be reimbursed only for direct costs.) This separate written agreement is hereby incorporated into this Grant Agreement. Adjustments may be made from a provisional rate to the final rate provided that (1) such adjustments together with all other amounts paid to the Grantee under this Agreement shall not exceed the Maximum Grant Amount, and (2) the'final rate is established within ninety (90) calendar days of-the expiration or termination of the Grant and the adjustment is made within this same time period. 3. Period of Availability of Funds. Grantee may charge to the Grant only Allowable Costs resulting .from ohllgat;ons incurred during the Period of Performance. 4. Profits, No fee, profit, or other increment above allowable costs shall be paid to Grantee or any Affiliate or Sub-grantee. E. Grantees with Multiple Sources of Funding. Grantee shall not be reimbursed by HUD under this Agreement for services that are directly or indirectly reimbursed from any other source, including fees. Grantee shall include in its vouchers under this Agreement only the portion of those counseling services for which the Grantee does not receive reimbursement from any other funding source. F. Burden of Proof. The burden of proof for services rendered rests with the Grantee. All supporting records are subject to inspection and audit by HUD at any time during and after the expiration of the per:od orperformance as specified in Article XVI. G. Restrictions on Use of the Grant Award. The funds awarded under this Agreement shall be used in accordance with this Agreement, the Grantee's crant application as approved by FIUD, and as may be further restricted in block sixteen (16) of the attached Form HUD-1044, Such restrictions may include, but are not limited to the, special award conditions described in 24 CFR 84A4 and 85.12. ARTICLE X -- PAYMENT REQUESTS A. Genera) Payment Procedures. The forms referred to in this paragraph are available from HUD's website at www.hudelips.org under the forms section and, upon request, from HUD by contacting the GTR. The SF-1199A is also available at local banking institutions. 1. A Grantee that is not cum:lily signed up to receive payments via direct deposit from HUD must submit a completed sr.' 199A, Direct Deposit Sign-Up Form. Grantee must submit the SF-1 -199A to the GTR and, in the case of an Intermediary Grantee, the Cash Mailageillent Reporting Division, Room 3118, at HUD Headquarters. Each individual in Grantee's orannization who will he authorized to access VRS/LOCCS to request fonds under this Agreement must request access authorization from HUD by submitting a Forrn HUD-27054, LOCCS Voice Response FY 2005 HC (ryi 12 Giant Agreement Access Authorization. A new Form H1_1)-27051. is not required for any individual who currently has access to VRS/LOCCS for pi or year grant funds for the same Grantee. Grantees for whom LOCCS access was suspended or terminated, for example due to non-use, must also submit Form IIUD-77054 to reset their password or reinstate a user, or establish a new user. 3. Grantees arc responsible for changing their LOCCS password once every 60 days. Termination of access due to password expiration will require resubmission of Form HUD-27054. 4. It is Grantee's responsibility to immediately notify the LOCCS Security Office at HUD when any individual with current access to VRS/LOCCS is no longer employed by the Grantee and/or should be denied access to grant funds for any reason. The LOCCS Security Office may be reached at (202) 708-0764 or toll free at (877) 705- 7504. The GTR or GTM., or both, must be notified of the Grantee's actions, The GTR may providc additional instructions on accessing and using the - VRS/LOCCS. 6. All vouchers for grant payments must be submitted to HUD on the Form ILLD- 27053. LOCCSNRS Request Voucher for Grant Payment, utilizing the Voice Response System/Line of Credit Control System (VRSILOCCS), or electronically through form HUD-50080-CHC-a, eLOCCS payment voucher. The budget Line Item for this grant is 9500. For LOCCS purposes, the "Program Area" is "CHC". A record of each payment request must be maintained in Grantee's files and be available for review by HUD upon request. - B. Payment Procedures for Cost Reirnbursement_Grants, Grantee shall comply with the applicable payment procedures in 24 CFR 84.21 throne) 84.22 and 85.20 through 85.21. C. Timing and Amount of Payment Requests. HUD strongly encourages grrantecs to draw downfunds in conjunction with quarterly reports. However, there is.no minimum or maximum number of payment requests. As required by OMB Circular A-110 and 24 CFR 84.22(b)(2) and 85.20(b)(7), Grantee shall only draw down that amount of cash necessary to meet its actual, immediate cash needs. The requirement to only request actual, immediate cash needs means that Grantee shall disburse funds for allowable costs within three (3) days of receiving the funds from HUD. Grantee's payments to Sub-grantees shall substantially match these standards. The GTR or GTM will process the final voucher only upon receipt of an acceptable final report. D. Documentation for Draw Downs Not Done in Coniunction with Quarterly Reports. Grantees that draw down funds on a schedule that does not coincide with quarterly, mid- term and final reports, must in conjunction with each draw submit a written jus'Acation that includes a detailed budget. tbe number of clients served through individual FY 2005 HC G:nt a-kuit A aTee:rient counseling and the number of liciividuals served through group education. The justification must also include the type of counseling, i.e. pre-purchase counseling E. Documentation of Expenses. Grantee must maintain source documentation of direct costs, such as invoices, receipts, cancelled checks, and salary reports, to support all LOCCS draw requests for payment. This information must be made available to HUD upon request and maintained for a period of at least three years after the expiration of :he grant period or date of last t)avinent, whichever oc.c ....tt-s F. Standards for Financial Martaernent Systems. Grantee shall maintain and operate financial management systems that meet or exceed the Federal requirements for funds control and accountability as established by the applicable regulations in 24 CFR 84.21 or 24 CFR 85.20. G. Withholding of Funds. 1-11JD may withhold payment to a grantee if any project objectives, terms, conditions or Federal reporting requirements are not being satisfied, as established by the applicable regulations in 24 CFR 84.22 (4)(1), including (1) reporting requirements such as updating agency profile data in a timely manner if changes occur, (2) submitting quarterly client level data and (3) form HUD-9902 data reflecting counseling activities attributable to all sources of funding. These three specific reporting requirements must be satisfied through a client management system that interfaces with HUD's databases. The GTR or CrTM will verify submission through RCS, Hard copies do not need to be submitted with the quarterly report. H.. Overdue Reports. No payment requests shall be approved for a Grantee who has an overdue report until the report has been submitted by the Grantee and approved by HUD. Funds Recapture. HUD may recapture any unspent funds. Grantees are required to cooperate with recapture requests, including any paperwork requests. ULM may utilize recaptured funds in subsequent NOFAs or in other ways authorized by the Program's appropriation, Recaptured funds will be awarded on a competitive basis, ARTICLE XI—REPORTING A. Quarterly .1? erfonnanc e Reports – LHCAs and S.HFAs that do not issue sub-grants under their award. A performance report is due to the GTR. or G -71\4 not later than January 31, 2009 for the three month period ending December 31, 2068 and, if grant activity occurs during the third quarter, not later than July 31, 2009 for Lc nine month period ending Rine 30, 2009, and must include information on, and sats5,., the following, both for the reporting petVx1 and cumulative; 14 Gram Am:inept FY 2009 1-TC Grant „ 1. Grantee's name, address. and Qrant number as they appear on the grant document; 2. Start and end dates of the repot-, period; 3. Hourly rate. Identify each counselor or other employee, and their title, for whom time/activity is being billed under the grant, and Indicate the hourly billing rate for that individual used to caicJate reimbursement from HUD or a parent agency. Explain exactly how hourly rates are calculated; 4. Staff hours. Indicate for each relevant counselor 07 other employee the total number of hours, for the quarter and cumulative, being billed to the grant, and itemize that total by the types of counseling, education, or other activities performed; 5. Budget. Submit a detailed, comprehensive budget listing expenses for each distinct quarter, and cumulative, under the grant. At a minimum, if applicable, the budget must include salaries, fringe and other benefits, training, travel, rent, phone, postage, supplies, technology/equipment, and indirect costs. The budget must account for how every dollar being billed to the grant was spent. Sub- . grantees and Branches reimbursed by intermediaries and SHFAs at a fixed rate per counseling/education activity and type arc not exempt from this requirement to provide an itemized budget; 6. Client List. List all counseling client file numbers, group or group education file numbers, or both if applicabie, attributed to the Grant. This list should indicate the activity attributed to the relevant quarter, and the cumulative total for the entire grant year. Indicate for each the relevant counseling or education type. The electronic submission of client level data may satisfy this requirement if households served under the grant Or sub-grant are identified; 7. Achievement of Goals. If applicable, explain why established goals were not met, or why they were exceeded. Explain what, if any, new strategies and work plan adjustments will be made during the next quarter in order to better meet projected outputs and outcomes; 8. Authoriiation. Sittnature and title of person authorized to sin the report; 9. Louie Model, Form HUD-96010. A comparison of the actual, cumulative accomplishments with the relevant outputs and outcomes projections. Update the form HUD-96010 that was submitted through grants.gov as part of the relevant aplication, or amended with HUD's approval subsequently. E-mail an electronic copy to the CiTM/CTIR. FY 200S HC: Cj tit Gran'. Agreement B. Quarterly Performance Reports — intermediaries. SHFA.s and M.S0s that issue sub-grants or fund branches under their award. A performance report is due to the GTR or GTM not Later than January 30, 2009 for the three month period ending December 31, 2008 and, if grant activity occurs during the third quarter, not Later than July 30, 2009 for the nine month period ending Jene 30, 2009, and must include, for each sub-grantee and funded - branch, information on, and sa:isfy, items A.1 through A:8 in this Article, as well as the following, for both the reporting period and cumulative: Sub-allocations. A listing of: (a) the Sub-grantees and funded Branches and corresponding HUD housing counseling sub-grant amount and allocations, for each quarter and cumulative, (b) additional federal and non-federal resources (totals for each, not including HUD Housing counseling award) provided to the sub-recipient by the intemtediary or SHEA.; and (c) a DUN and Bradstreet Universal (DUNS) Identifier number for each. This data is required by a final Notice published by the Office of Management and Budget (OMB) on May 30, 2008, to assure compliance with the Transparency Act requirements. Should additional requirements become applicable, HUD reserves the right to amend this grant agreement; Budget. A. detailed budget accounting for how all administrative funds, in other words funds not passed through to sub-mn.tees or allocated to branches but used to run the program, were spent by the Intermediary or SHFA, including training, travel, salaries, and equipment, for each quarter and cumuiative; 3.. Billing Methodolotzy. Explain clearly the methodology employed to reimburse sub- grantees or fund branches. For example, indicate if an hourly rate is calculated for each counselor or other employee and then multiplied by the number of hours attributed to that individual under the grant. If that is the case, item A.4 must be answered for every applicable counselor or other employee. Another example is reimbursement at a fixed cost per counseling/education activity and type. In this case, indicate the amount of each relevant fixed cost and explain how each is calculated; 4. Lotzic Model, Form HUD-96010. A_ compar:son of the actual, cumulative accomplishments with the relevant outputs and outcomes projections. Update the form HUD-96010 that was submitted through grants.gov as part of the relevant application, or amended with-11.:D's approval subsequently. E-mail an electronic copy to the GTMIGTR; • 5. Achievement of Goa:s. If applicable, explain why established goals were not met, or why they were exceeded. Explain what, if any, new strategies and work plan adjustments will be made during the next quarter in order to better meet projected outputs and outcomes. 16 Grain Ageerrieni FY 7008 liC Grant C. Mid-Term Performance Report LHCAs, SHEAs and aaancies that Op not sub- grants under their Grant award. Unless the Grant has been fully expended and a. final report as described in Section D of this Article has been submitted to close out the Grant, a mid-term report is due not later than April 30, 2009 for the six-month period ending March 31, 2009. For the mid-term report, submit the mid-year cumulative logic model fomi electronically via email to the assigned GTR/GTM. The report must also contain the items requested for the quarcrly report (for Sub-grantees and funded branches, items Al — A8), as well as the following additional information: Narrative. In addition to the above information, a narrative report of not more than five (5) single-spaced letter-sized pages using a font size of nO smaller than 12 or larger than 14. Include such items as: problems encountered by the Grantee; items for which the Grantee needs additional guidance, unusual Client needs or problems for which the Grantee provided counseling; recommendations to HUD; and developments having a significant impact on the award supported activities, such as delays or adverse conditions which materially impair the ability to meet the objectives of the awards. Describe any action taken or contemplated, and any assistance needed to resolve the situation, D. Final-Report — LHCAs and SHFAs that do not issue su -(1 1aua= under their Grant award. The final report is due to the GIR or GTM when the Grantee has completed all Grant activities that will be funded under the Grant, or not later than ninety (90) calendar days after the expiration of the Period of Performance of the Grant. The final report must be in the same fOrmat as the nrid-tenn report but cover all activity under the grant. For the final report, submit the final logic model foam electronically via e-mail to the assigned. GTR/GTM. Update the form HUD-96010 that was submitted through grants.gov as part of the relevant application, or amended with HUD's approval subsequently. The .narrative report must cover the entire period during which Grant activity occurred and may not exceed five (5) single-spaced letter-sized pages using a font size of no smaller than 12 or larger than 14. The GTR or GTM. will process the final voucher only upon receipt of an acceptable report. E. Mid-Term and Fit at Report — Intmme_diarie_aaatalaritaiLainL:t Finance Agencies, or MSOs that issue sub-zrai Ls or fund branches under their awarQ, These organizations shall receive a mid-tern, and final report from each Sub-grantee or funded Branch, as described under paragraphs (: and D of this Article, and forward same to the GTR or GTM. Additionally, the items requested in paragraph B of this article, must be submitted with both the mid-term and final reports. For both the mid-term and the final report, submit the logic model form electronicall , via email to the assigned GTRIGTM. Update the fonn HUT-96010 that was submitted throligh grants.gov LS part of the relevant application, or amended with HUD's approval subsequent,. Each logic model submission should reflect quanerly as well as cumulative year to date data. Moreover: I. The mid-term performance report is due to the GTR or GIM not later than April 30, 2009 for the six month period ending March 31, 2009. : Gran: A ureemni 200g 1-IC a-am 2. A final report 11 the same format as the mid-terru report is due when the Grantee - has completed ail Grant activities that will be funded under the Grant or not later than December 31, 2009 for the twelve month period ending September 30, 2009. . The GTR or GTM will process the final voucher only upon receipt of an acceptable report. F. Submission of any reports required in this Article beyond the stated due dates will be considered delinquent unless extended, in writing, by HUD. ARTICLE XII -- CONFLICTS OF INTEREST A. General Requirements. Grantee ; and its Sub-grantees where applicable, shall coMply with all programmatic disclosure and conflict of interest requirements provided in the Housing Counseling regulations at 24 CFR part 214, as well as those in 24 CFR parts 84 - and 85. Grantee, and its Sub-grantees where applicable, 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 this agency and any other industry partners. The disclosure must clearly state that the client is not obligated to receive any other services offered by the organization or its exclusive partners. B. HUD Reform Disclosures. Grantee shall comply with the disclosure requirements of section 102(1)) of the HUD Reform Act of 1989 (42 U.S.C. 354503)) and its implementing regulations, 24 CFR part 4. To mu ally 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 :989 and 24 CFR § 4.11. ARTICLE XIII SECURITY OF CONFIDENTIAL INFORMATION Grantee, and Sub-grantees, if applicable, shall secure under lock and key all information regarding counseling of Clients,.whetlter such information is generated by the agency itself or received from outside sources. This includes credit reports, information on current financial status, notes on counseling sessions, and any other information regarding :ndividual Clients. Grantee and Sub-grantees shall not disclose such information to anyone other than HUD or, with the consent of the Client, and the Client's mortgagee. IS Giant Auccincnt FY NOS HC Cirw. 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, subject to 24 CFR part 84, who demonstrates the characteristics or behavior specified in 24 CFR 84.14. Events of Default. Each of the following shall be deemed an Event of Default under this Agreement: (1) any material failure by Grantee to comply with the terms and conditions of this Grant Agreement, whether stated in a,Federal statute, regulation, SuperNOFA, HUD Handbook, assurance, application, or notice of award, (2) the failure to expend Grant funds in a timely manner if a cost reimbursement grant, (3) where applicable, Grantee's failure to maintain HUT-approved status during. the Term of this Agreement, or (4) any misrepresentation in the application submissions which, if known by HUD, would have resulted in this Agreement not being awarded. C. Notice of Default, If any Event of Default occurs, the Grant Officer shall give Grantee written notice of the occurrence of the Event of Default and a reasonable opportunity to take corrective action. The notice shall identify (1) the Event of Default,.(2) the required corrective action by Grantee, (3) the date by which the corrective action must be taken, and (4) the consequences for -Pailing to take corrective action. D. Remedies. If Grantee fails to achieve compliance within the period specified in the Notice of Default, HUD may take one or more of the following actions: recover misspent funds, suspend the award, terminate the award for cause, or take other remedies that may be legally available. The apphcable regulations at 24 CFR 84.60 through 84.62, 84.86, and 85.43 through 85.44 discuss sonic of these available remedies. ARTICLE XV — AMENDMENTS This Agreement may be amended at any time by a written amendment. Grantee shall submit requests for amendments to the Grant Officer with a copy of the request to the GTR. Amendments that reflect the rights and obligations of either party shall be executed by both the Grant Officer and the Grantee. Notwithstanding the foregoing, the Grant Officer may unilaterally execute administrative amendments, such as changes in the GTR or appropriation data, or amendments that result from sig,ned requests from the Grantee where the Department adopts the requested amendment without any changes. GIRs and OThils are not authorized to amend any provision of the grant agreement. FY 200S HC Grant 19 Cyram Aurcement ARTICLE XVI —RECORD KEEPING AND AUDITING A. Record Keening Requirements, Grautee shall compiy with the requirements for record retention and access to records specified in the applicable regulations at 24 CR 214.35, 84.53, 84.85, and 85.42. 'Notwithstanding the reconi retention periods specified in 24 CFR. parts 84, 85 and 214, the HUD Reform Act, as specified in paragraphs C anc: E of Article V, may require Grantee to retain certain recorcis for a longer period. Grantee may also be subject to record retell:ion reqtirements under other applicable laws and re.gulations, including but not hunted to, the nondiscrimination regulations cited in Article XXII. • B. Tyne of Record keeping System. Any record keeping system may be used provided that the system chosen by the Grantee interfaces with HUD's database system for reporting purposes; and lends itself to easy monitoring by HUD when conducting a performance review of the Grantee's housing counseling activities. C. Maintenance of Client Files. Client files (including files on group Clients) must be maintained in accordance with BUD Handbook 76101 Each Client must be assigned an identification number to be used for reporting on housing counseling activities to HUD. ARTICLE XVII —DISPUTES A. During performance of this Agreement, disagreements may arise between the Grantee and HUD on various issues. If a dispute concerning a question of fact arises and cannot be resolved through negotiation, the GTR shall prepare a written decision, taking into account all facts arid 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 ofFICD's decision by subinittin a written appeal. SHFAs and 1_,HCAs shall submit their appeal to the HUD Homeowners:lip Center within their respective jurisdiction : Intermediaries shall submit their appeal to the Program Support Division at HUD Headquarters, Washington, DC. B. False Statements. A false statement in the Grant application or Grant related documents and reports, may be grounds for denial or termination of the Gram and punishable as provided in 18 U.S.C. §1001. ARTICLE XVIII — AUDIT REQUIREMENTS FY 2008 HC Gran( 20 Grant Aqrt:.fernent 1 • Grantee shall comply with the audit requirements of the Single Audit Act (31 U.S.C. §!,; 7501-07) and OMB Circular A-133. Audits of States, Local Governments, and Non-Profit Organizations (Revised June 24, 2003), as amonded. The requirements of the Single Audit Act and OMB Circular A-133 shall supersede the requirements in HUD Handbook 7610,1, REV-4, CH0-1, dated October 27, 1997, paragraph 5-1.G, for an audit every two years. ARTICLE XIX -- DEBARMENT AND SUSPENSION Grantee will compiy with 1-11_TD's requirements for participants at 2 CFR part 24,24, that include prohibiting Grantee from doing business to undertake the activities under this Grant Agreement with persons who are excluded or disqualified from Federal programs. ARTICLE XX -- DRUG-FREE WORK PLACE REQUIREMENTS Grantee will comply with HUIrs requirements for recipients of financial assistance at 24 CFR part 21 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. General Restrictions, Consistent with the Byrd Amendment (31 U.S.C. §1352) and HUD's implementing, regulations, 24 CFR part 87, neither the Grantee nor its Affiliates or Sub-grantees shall use these Grant funds to attempt to influence Federal Executive or Legislative officers or employees in connection with obtaining this Grant, or with its extension, continuation, renewal, amendment, or modification. B. Certifications. As a precondition to receiving grant funds exceeding $100,000,a Grantee, Affiliate/Sub-grantee, shall certify using the Form a1D-50071, Certification of Payments to Influence Federal Transactions, that it will comply with 24 CFR part 87. A Grantee shall submit its certification to the GTR, and an Affiliate/Sub-grantee shall submit its certification to the next tier above, The Form HUD-50071 is hereby incorporated into this Agreement, C. Disclosures, As required by 24 CFR 87.110, a Grantee or Affiliate/Sub-grantee that receives grant finids exceeding 5100,000 shall disclose using SF-LLL, Disclosure of Lobbying Activities, any payir.ents made, or any agreement to make any payment, from non-appropriated funds which would be prohibited under 24 CFR 87,100(a) if paid for with appropriated funds. These disclosures shall be updated as required by 87,110(c). An Affiliate/Sub-grantee or Branch shall submit its disclosures to the next tier above. FY 200S HO (irant 2] Grant Ay..rterncr.t. • p ' Grantee shall submit its discicsures and the disclosures by its Affiliates or Sub-grantees to the GTR.. These disclosures and updates are hereby incorporated into this Agreement. D. Lobbyist Registration ld Repo Grantee shall comply with the Lobbying Disclosure Act of 1995 (2 U.S.C. § :601 et seq.) which requires all persons and entities - who lobby covered Executive or Legislative Brancll officials to register with the Secretary of the Senate and the Clerk of the House of Representatives and file reports concerning their iobbying activities. ARTICLE XXII -- NONDISCP,IMINATION REQUIREMENTS A. General. Notwithstanding the. permissibility of applications that serve target areas or populations. Grantee shall comply with these requirements for nondiscrimination, on the basis of race, color, religion, sex, national origin, age, Familial status, and disability. The Standard Form 424B, Assurances for Non-Construction Progran -ls, is hereby incorporated into this Agreement. B. Nondiscrimination Requirements. Grantee shall comply with the following requirements as they may be amended from time to time. 1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d-2000d-4) and implementing regulations at 24 CFR part 1, Nond:scrimination in Federally Assisted Programs of the Department of Housing and Urban Development - Effectuation of Title VI of the Civil Rights Act of 1964; 2. Title LX of the Education Amendments of 1972. as amended (20 U.S.C. §§ -1681- 88) and implementing, regulations at 24 CFR part 3, Nondiscrimination on the Basis of Sex in Education Programs or Activines Receiving federal Financial Assistance; • Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794) and implementing regulations at 24 CFR part 8, Nondiscrimination Based on Handicap in Federal), A.sisted. Programs and Activities of the Department of Housing and Urban Development; 4. The Fair Housing Act (42 §§ 3601-19) and implementing regulations at 24 CFR part 100, Discrininaory Conduct Under the Fair Housing Act; Executive Order 11063, as amended by Executive Order 12259, and implementing regulations at 24 CFR part 107, Nondiscrimination and Equal Opportunity in HousinL4 Under Executive Order 11 063; and 6. Age Discrimination Ac:. of 1975 (42 U.S.C. §§ 6101-07) and implementing regulations at 24 CFR part 146. Nondiscrimination on the Basis of Age, in HUD Programs or Actives Receiving Federal FthanciLii 5. FY 2005 tIC Grant Grant Ag.refl-nen e $ C. Requirements Applicable to Religious Organizations. Where Grantee is, or Grantee proposes to make sub-grants or an allocation of funds to, a primarily religious organization, or a wholly secular organization established by a primarily religious organization, to provide, manage ; or operate a housing counseling program, Grantee and its Sub-grantees must undertake their responsibilities in accordance with the following principles: 1. Grantee and its Sub-grantees shall not discriminate on behalf of or against any segment of the population in the provision of services or in outreach, including those of other R-.‘.ligions 2. Grantee and its Sub-grantees shall not engage in inherently religious activities, _ such as worship, religious instruction., or proselytization, as part of the programs or services funded under this grant. If an organization conducts such activities, these activities must be offered separately, in time or location, from the activities funded under this Grant Agreement, and parlicipation must be voluntary for the Clients receiving services covered, either completely or in part, by HUD funds. ARTICLE XXIII — MISCELLANEOUS A. Order of Precedence. In the event of any inconsistency among any provisions of this Agreement, the following order of precedence shall apply: I. Section 106 of the HoI.ising and Urban Development Act of 1968 and other applicable federal laws; 2. Applicable Federal regulations, including 24 CFR Part 214; 3. The SuperNOF.A; 4. This Grant Agreement; and 5. HUD Harrlbook 7610,1. B. American-made E tuipment & Products. As required by HUD's Appropriations Act, to the greatest extent ,racticable, all equipment and products purchased with grants funds should be, Americal-made. C. No waiver, No delay or omission by HUD to exercise any right or remedy available to it under this Agreement or applicable law or to insist upon strict compliance by the Grantee with its obligations lif!Teunder shah impair any such right or remedy or constitute a waiver of HUD's right to demand exact compliance with the terms °Fans Agreement. D. Applicable Law, 'Fins Agreement shall be construed, and the rights and obligations of the parties determined, in accordance with Federal law. • FY 2008 HC Grant 23 ULnt Ageentent • E. Relationship of the Parties. Neither of the parties i 5 an agent of tne other party and neither party has the authority to represent or bind the othur party to anyone else as to any matter. Survival. Any provisions of this A crt-t:unient 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 ful: force and effect for such time as is necessary to fully carry out the intent of such provisions. The applicable regulations at 24 CFR 84.72, 84.87, and 85.51 describe Grantee's continuing responsibilities after the closeout of this grant. FY 200 HC Giant 24 Grant Aueeinent FISCAL NOTE (141SC. #08258) November 20, 2008 BY: FINANCE COMMITTEE. MIKE ROGERS, CHAIRPERSON IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS — COMMUNITY AND HOME IMPROVEMENT DIVISION — FY 2008 HOUSING COUNSELING GRANT ACCEPTANCE TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The U.S. Department of Housing and Urban Development has awarded Federal FY 2008 Housing Counseling Grant funding in the amount of $25,000 to the Community & Home Improvement Division, 2. The grant will supplement Community Development Block Grant funds allocated to deliver housing counseling services in accordance with Federal Comprehensive Housing Counseling Program guidelines. 3. This is the fourteenth (14t) year of the grant. 4. The County performance period for the grant is from October 1, 2008 through September 30, 2009. 5. The award is $53,825 less than the application amount of $78,825 and $37,000 less than the FY 2007 award of $62,000. 6. No County match is required for this grant continuation. 7. Indirect costs are not paid for this grant due to administrative and planning limits. 8. The FY 200912010 Special Revenue Fund Budget for the Housing Counseling Grant Fund is amended as follows: Revenue 29706-1090680-132210-610313 Grants — Federal $(37,000) Expenditure 29706-1090680-122210-702010 Salaries — Reg. $(22,200) 29706-1090680-132210-722740 Fringe Benefits (14,800) $(37,000 $ -0- FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Kowall, Crawford, Potter and Rogers absent. Resolution 1t08258 November 20, 2008 4 0- ^Rt Moved by Potter supported by Nash the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Burns, Clark, Coleman, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, KowaII, Long, Middleton, Nash, Potter, Potts, Scott, Spector, Zack, Bullard. (23) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted (with accompanying reports being accepted). I HEREBY APPROVE THE FOREGOING RESOLUTION STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on November 20, 2008, with the original record thereof now remaining in my office. In Testimony Whereof. I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 20th day of November, 2008. eie Ruth Johnson, County Clerk