HomeMy WebLinkAboutResolutions - 2009.12.09 - 9732LA—
MISCELLANEOUS RESOLUTION 109296 . December 9, 2009
BY: PLANNING AND BUILDING COMMITTEE, JOHN A. SCOTT, CHAIRPERSON
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS - COMMUNITY
AND HOME IMPROVEMENT DIVISION – FY 2009 HOUSING COUNSELING GRANT ACCEPTANCE
To the Oakland County Board of Commissioners
Chairperson, Ladies, and Gentlemen:
WHEREAS the US. 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 $55,976.00 for the fiscal period
October 1, 2009 through September K. 2010; and
WHEREAS this is the 15`h year of the grant; and
WHEREAS the grant award of $55,976.00 represents A 51% variance from the application of
$110550.00, and an increase of $30,976.00 from last year's award of $25,000.00: 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 nomebuyers, 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 forming 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 timeframe (October 31 – November 14,
2009) within which the executed grant agreements must be returned to the U.S. Department of Housing
arid 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 of the County Executive's Contract
Review Process and the Board of Commissioners' Grant Acceptance Procedures.
NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners accepts the
FY 2009 Housing Counseling Grant in the amount of $55,976.00.
BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any
future commitment, anc 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 AND,OILDING COAIMITTEE
PLANNING & BUILDING COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Burns absent.
GRANT REVIEW SIGN OFF — Community & Home Improvement
Division
GRANT NkNIE: 2009 Housing Counseling Grant
FUNDING AGENCY: U.S. Department of Housing and Urban Development
DEPARTMENT CONTACT PERSON: Karry Rieth 248 858-5403
STATUS: Cirant Acceptance
DATE: November 16, 2009
Pursuant to Misc. Resolution #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 Sign Off email containing grant review comments) may be requested to be placed on the
appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution.
DEPARTMENT REVIEW
Department of Management and Budget:
Approved. — Laurie Van Pelt (1115/2009)
Department of Haman Resources:
Approved. - Cathy &lanai (11/5/2009)
Risk Management and Safety:
Approved. - Andrea Plotkowsld (I IR 0/2009)
Corporation Counsel:
There are no outstanding legal issues concerning this grant. Joellen Shortley Blaszczak (11/1312009)
COMPLIANCE
The pant agreement references a number of specific federal and state regulations. Below is a list of these
specifically cited compliance related documents for this grant.
FY 2009 HUD NOFA published In the Federal Register
HUD Administrative Requirements for Grants (24 CFR, Part 85)
htt2://www.access,gps)...govioarakfr/waisidx 04/24cfr85_04.htiol
Single Audit Act of 1984 (with amendments in 1996)
.whitelacnise,goy/ornb/financialffin_sin& audit.html
HUD Handbook 7610.1
http://ww-w,nis.goviofficm/adnilbuciclipsillandboolohisgh)7610.1/inclex.cfm
Section 106 of the Housing and Urban Development Act of 1968
Department of Housing and Urban Development Appropriations Act of 2009 (Public Law 111-8)
ht_t_p2frwebgate.UGGCSS. .ofei-binietc-c .?dbitargps_g_a_g_g_do ne-111e . tib1008.1 11 cif
HUD Housing Counseling Program (24 CFR Part 214)
• btarilecfr.gpoacc ess.go vic gilt/text/text,
itix7c=ecfr&sid=8e97e86e84e72c3c96c4b19M3136edc&rgn.-div8& view --text&node=24:2.1.1.2.10.2.157.2& idno=24
Federal Ofliee of Management and Budget (0lv1B) Circular No. A-87, A-102 and A-133
http://www.whitz7house.zeviombicircularslindex.html
HUD Reform Act (if 1989 (42 USC Part 3545)
HUD Reform Art (24 LIR Part 4)
htto://www.access. zpo.y.9 vino Ts/ cfrAvaisid 04 /24 c fr4_04
Crimes and Criminal Procedure -Fraud and False Statements 08 U.S.C. Section 1001)
http://www. odsafetygovi-lrd/usc ud.btrol
HUD Nonprocurement Debarment and Suspension (2 CFR, Part 2424)
http://www.access. ppo.gp v /nary/ cf. riwaisidx 0812cf12424 08.html
IITJD Government-Wide Requirtnaents for a Drug Free Workplace (24 CFR, Part 21 .)
http:11 www.access.gpuovh-aralcfrisvaisidx, 04124cfr21 04.1itrol
Federal Anti-Lobbying Limitation on use of appropriated funds to influence certain Federal contracting and
financial transactions (31 USC 1352)
http://uscode.hQuse.govinscode-
doc+ns 2+1811+0 %20%20ANIP/o20%2 V2831%29%20A
Dr/o2OUSC,429%3A CITE,%20%20%20%20%20%20%20%20%20
131.7D Restrictions on Lobbying (24 CFR, Part 87)
htto://www.a_tml
Lobbying Disclosure At of 1995. (2 USC 1601)
brip.1/www.,3enate.govireferencei_resources/pdficontacting10465.pdf
Title VI of the Chill Rights Act of 1964 (421.7.S,C Section 2000d)
http :11 w w w.usdoj. go vicrt/cot/coord/titlevistathun
The Education Amendments of 1972 (20 U.S.C., Sec 1(181, 1683, 1685-86)
littn://www.tisdoj.govietticoricoord'titleixstat.litni
The Rehabilitation Act of 1973, Section 504 (29 U.S.C. Section 794)
http://www.doiscivioasamirc_gs/statutesiElec50.4.huil
Title VIII of the Civil Rights Act of 1968.- Fair Housing Act (42 U.S.C. Section 3601, et seq.)
hup.fiwww.usdoj.govicrt/hoasingititle8htm
HUD Nondiscrimination and Equal Opportunity in Housing Under Executive Order 11063 (24 CFR, Part 107)
http://www.accegs.goo . so vinaraicfriwai si dx _94/24cfr10 04. html
Age Discrimination Act of 1975 42 U.S.C. Sections 6101-6107 .
http://www.dal.eoviossarnirczststatutes/age act.htm
COMM & HOME
NOV 0 4 2:3S
h
1.14
n:;1 * * 1 1111111
DT 30 209
U.S. Department of Housing and Urban Development
flomeowriership Center
The Wanamaker Building
100 Penn Square East
Philadelphia, Pennsylvania 19107-3389
1
IMPROVEMENT Kathy A Williams
OAKLAND COUNTY HOUSING COUNSELING
250 Elizabeth Lake Road
Suite 1900
Pontiac, MI 48341-0414
DUNS NUMBER: 136200362
Dear Kathy A Williams:
I am pleased to inform you that OAKLAND COUNTY HOUSING COUNSELING has
been conditionally awarded a total grant of S55,976 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 June
16, 2009, 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 ietter. Please note that funds are subject to the
availability of appropriations.
Funds for this grant shall be used as follows:
$40,976 COMPREHENSIVE COUNSELING
$10,000 REVERSE MORTGAGE COUNSELING
$5,000 LOAN DOCUMENT REVIEW 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) 2009 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 (HCS) contains the correct
name and telephone number of the individual in your organization who will be the daily contact
person for HUD regarding your housing counseling program.
In addition, as 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 Housing, It's Not Alt Option. it's The Law.'
iovw.hud.Rov espanot hudgov
1. Indirect Cost Rate documentation, See page 23 of the FY 2009 HUD NOFA,
published in the Federal Register on June 16, 2009, for a detailed explanation of this
requirement. If your organization does not incur indirect costs, or will not apply them
to this grant, please state so in writing.
Financial Management Systems. Grantees must submit documentation demonstrating
that the organization's financial management systems satisfy the requirements in the
applicable regulations at 24 CFR 84.21(b) and 85.20. Additionally, consistent with
the requirements of the Single Audit Act Amendments of 199O (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 acceptance of gifts or gratuities by officers, employees and agents for their
personal benefit in excess of minimal value; and outlines administrative and
disciplinary actions available to remedy violations of such standards. Also, describe
the methods used to ensure that all officers, employees, and agents of the organization
are aware of the Code of Conduct. A more detailed description of the written Code of
Conduct is located on page 79550 of the General Section of the FY 2009 HUD
NOFA, published in the Federal Register on December 29, 2008.
An applicant who submitted an application during FY 2007 or FY 2008 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/olfices/admigrantsicodeofconduct/cconduaciin
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. The 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 1-IUD-
424-C8 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, Multiple State Organizations (MS0s) and State Housing Finance
agencies (SI-IPAs) 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,
MSO, or SHFA, including training, travel, salaries, indirect cost and equipment.
5. Revised Form HUD-96010, Program Outcome Logic Model. If the grant award
amount listed above is different from the amount requested in the. grant 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,
hut remain in the same proportion as initially submitted. • You must update the form
HUD-96010 that was submitted as part of the relevant application. Submit the
revised logic model form electronicany 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, midtemi, 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, MSOs and SHFAs must
list sub-grantees and funded branches, and their corresponding sub-allocations, in
HCS.
7. Client Mana_gement 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
Documents and information must be submitted to:
Jennifer Sica
Department of Housing and Urban Development
Program Support Division
The Wanamaker Building
100 Penn Square East
Philadelphia, PA 19107-3380
Once all information has been reviewed and approved b y my staff, we will send a
countersi gned Grant A greement, process the award and establish an account for your
organization. Information about procedures for submittin g an initiai voucher can be found in
Handbook 7610, Rev-4, Appendix 14-D,
if you have an y q uestions or concerns, please contact Robert Wri ght at 215-861-726S.
We look forward to a productive partnership with your organization in helpin g to expand
affordable housin g opportunities.
Sincerely,
Brenda J. Bellisario
Director
Program Support Division
Enclosures
Signature & Title
Assistance Award/Amendment (i.S. Department of Housing
and Urban Development
Ofice of Administration
1, Assistance Instrument 2. ."- Ve of Action 77 n Cooperative Agreement X Grant X Award L; Amen4.1mnt
3 instrument Nun-roe' — 4. Arne,nrrient Number B. Effective Date of 1nis Action r B. Coitrof Mime.- 1
HC09-0321 -027 I 1 October 2009 I
7. Name arid Aodress of Recipient S. HUD Administenng Office
OAKLAND COUNTY HOUSING COUNSELING Department of HUD, Program Support Division
250 Elizabeth Lake Roae - Suite 1900 The Wanamaker Building
Pontiac, MI 48341-0414 100 Penn Square East
Philadelphia, PA, 19107-3389
TIN NUMBER; 38-6004576 Ba. Name of Administrator 80: Teleptrone Number
Jennifer Sica 215-B61-7266
10. Recipient Project Mana,ger 9. HUD Government Tecnnical Representative
Kathy A. Williams 248-858-5402 Robert Wright 215-861-7268
11, Assistance Arrangement 12. Payment rvietriod 13. HUD Payment Office
. Cost Reimbursement
0
CFO Accounting Center/HUD
Cost Sharing
iD Treasury Cheek Reimbursement
EJ Advance Check PO Box 901013
Fixed Price 5(7 Automated Clearinghouse Fort Worth, TX 76101
14. Assistance Amount 15, HUD Accounting am: Appwriation Data
Previous HUD Amount 15e. Appropriaticri Nurnder t .151). Reservation number
HUD Amount tits action $40,976.00 869/100158, sy•09110 GAG l HC09-0321-027
Tota: HUD Amount $40,976.00 Amount Previously.Obit9ated $ ..,-- '
Recipient Amount $ Obligation by this action $40,976.00 — -
Total instrument. Amount $40,976.00 Total Obligation $40,076,00
16. Description
FY 2009 - HOUSING COUNSELING GRANT VOUCHER UNDER LOCCS BUDGET LINE ITEM 9500.
GRANT TYPE: LHCA Comprehensive
17. pci Recipient is required to sign and return three (3) copies
of this docurnenlo the HUD Administering Office
19. Recipient (By Name)
County of Oakland
Date trnn/ddiyyyy)
11/5/09
Michael J. Ginge11—Vice thairperson
18. D Recipient is not required 'to sign this document,
20, HUD (By Name)
Brenda J. Bellisario
Signature & Title
Director, Program Support
Date (rrirr/dd,yyyy)
form HUD-1044 (5190)
ref. Hand000k 2210.17
1. Recipient (By Name)
County of Cakland
Signature & Title
Michael J. Gin
20. HUD (By Name)
Brenda J. Bellisario
Signature & Title
Director, Program Support
Date (mmidd/yyyy)
11/5/09
L. Brooks 1)55E-eri5freCounty -1;r6vtrL-117-6
Assistance Award/Amendment U.S. Department of Housing
and Urban Development
Office of Administration
1. Ass:stance Instri.rneit 2. Type of Action
I Cooperative Agreement 7 Gram Award 7 Amendment
3. Instrument Number 4, Amendmer t Numger 5, Effectrve Date of this Action . o, Gontro, Number
HCO9-0322-004 1 1 October 2009
7 Name arid Address of Re:vie -it B. HUD Administering Office
OAKLAND COUNTY HOUSING COUNSELING Department of HUD, Program Support Division
250 Elizabeth Lake Road - Suite 1900 The Wanamaker Building
Pontiac, MI 48341-0414 100 Penn Square East
Dhiladelphia, PA, 19107-3389
TIN NUMBER: 38-6004876 Ba. Name of Administrator I 215-861-7266
Jennifer Sica I
10: Recipient Project Manager 9. HUD Government Teohnica Representative
Kathy A. Williams 248 -858-5402 Robert Wright 215-861 -7268
11. Assistance Arrangement 12. Payment Method 13. HUD Payment Office
Cost Reimbursemeh; pi 0 Treasury Check Reimbursement CFO Accounting Center/HUD E Advance Check Cost Sharing PO Box 901013
rj Fixed Price I ' Automated Clearinghouse Fort Worth, TX 76101
14, Assistance Amount 15. HUD Accounting and Appropriation Data
Previous HUD Amount S 15a. Appropriation Number 15b. Reservation number
HUD Amount this action $10,000.00 869/100156, SY'09/1 0 CAG HC09-0322-004
Tote? HUD Amount $10.000.00 Amount Previously Obligated S.
Recipient Amount S Obligation by this action $10,000.00
Total Instrument Amount $10,000.00 Total Obligation $10,000.00
16. Description
FY 2009 - HOUSING COUNSELING GRANT VOUCHER UNDER LOCCS BUDGET LINE ITEM 9500.
GRANT TYPE: LHCA HECM
17. X Rec.pient is required to sign and return three (3) copies
of this document to the HUD Administering Office
16. LI Recipient is not required to sign this document.
Date (mrokidiyyyy)
form HUD-1044 (B/90)
ref. Handbook 2210 17
11/5/09
Date (mm(ddiyyyy)
Chairper5or.
Signature & Title
Wi& fiV/
Michael J. Gi sell-Vic
w4
Signature & Title
Director, Program Support
L. Brooks PaiffersoNZ4Ounty xecutive
Assistance Award/Amendment U.S. Department ot Housing
and Urban Development
Office of Administration
1. Assistance Instrunent 2. I pe of Action
L CooPerative Agreement rXI. Grant Award ElAmendment
3. .nstrument N.,.rmbe - 1 4, Airn.:mornen: Number 5. Effective Date of this Actir.m 5. Conn! Numper
HC09-0323-006 1 October 2009
7. Naa.e and Address of Rec,p:er..t 8. HUD Administering Office
OAKLAND COUNTY HOUSING COUNSELING Department of HUD, Prog7am Support Division
250 Eiizabeth Lake Road - Suite 1900 The Wanamakei- Building
Pontiac, Mi 48341-0414 100 Penn Square East
Philadelphia, PA, 19107-3389
TIN NUMBER: 38-6004876 8a Name of Aeministra:or 8tr. , eiephone Number
Jennifer Sica 215-861-7266
10, Recipient Project Manager 9. HUD Government Technical Representative
Kathy A. Wiliiams 248-858-5402 Robert Wright 215-861-7268
11, Assstance Arrangement 12. Payment Method 13. HUD Payment Office
g Cost Reimbursement Treasury Check Reimbursement CFO Accounting Center/HUD E Cost Sharing n Advance Check PO Box 901013 D Fixed Price IX Automated Clearinghouse — Fort Worth, TX 76101
14. Assistance Amount 15, HUD Accounticg and Approotiation Data
Previous HUD Amount $ 15a. Appropriation NurnDer 15b. Reservatiol nunte7
HUD Amount this action $5,000,00 8691100156, SY'09/10 GAG HC09-0323-006
Total HUD Amount 55,000,00 Amount Previously Obligated $
Recipient Amount $ Obligation by this action $5,000.00
Total instrument Amot.r.t $5.000.00 Total Obligation $5,000.00
16. Description
FY 2009 - HOUSING COUNSELING GRANT VOUCHER UNDER LOCOS BUDGET LINE ITEM 9500.
GRANT TYPE: LHCA Loan Document Review
17. X Recipient is required to sign and return three (3) copies
of this document te the HUD AdMMisterinci Office
19. Resioent (By Name)
County of Oakland
18. 11 Recipient is not required to sign this document.
20. HUD (By Name)
Brenda J. Bellisario
Dale (rnmiddlyyyyt
form HUD-1044 (8/0}
ref. Fandbook 2210 17
21
74
ARTICLE
ARTICLE II
ARTICLE III
ARTICLE IV
ARTICLE V
ARTICLE VI
ARTICLE v11
ARTICLE VIII
ARTICLE IX
ARTICLE X
ARTICLE XI
ARTICLE XII
ARTICLE XIII
ARTICLE XIV
ARTICLE XV
ARTICLE XVI
ARTICLE XVII
ARTICLE XVIII
ARTICLE XIX
ARTICLE XX
ARTICLE XXI
ARTICLE XXII
ARTICLE XXIII
TABLE OF CONTENTS
GENERAL 1
DEFINrrioNs
PERIOD OF PERFORMANCE 4
STATEMENT OF WORK
SUBCONTRACTS AND SUB-GRANTS
ADMINISTRATIVE REQUIREMENTS .10
INSPECTION AND ACCEPTANCE 10
CONDUCT OF WORK 11
PRICE Al
PAYMENT REQUESTS
REPORTING - - 15
CONFLICTS OF INTEREST 18
SECURITY OF CONFIDENTIAL INFORMATION
DEFAULTS AND REMEDIES - Aninn••••nn•nMaa.1 119
AMENDMENTS
RECORDKEEPING AND AUDITING ---20
AUDIT REQUIREMENTS. . _ 21
DEBARMENT AND SUSPENSION -
DRUG-FREE WORK PLACE REQUIREMENTS
LOBBYING RESTRICTIONS
NONDISCRIMINATION REQUIREMENTS
MISCELLANEOUS....
2
-.4
r.•.•-•.•-•.• 13
20
FY 2009 HC Grant Grant Agreement
TH:S GRANT AGREEMENT (Agreement) is made between the United States
Department of Housing and Urban Development (HLD or Grantor) and the organization
specified in block seven (7) of the attached Forn -: HUD-1044 (Grantee).
ARTICLE I -- GENERAL
This Agreement is authorized by Section 106 of the Housing and Urban Development
Act of 1968 (12 U.S.C. 1701x) (the Act) and the Department of Housing and Urban
Development Appropriations Act of 2009 (P.L. 111-8). The purpose of this Agreement is to set
forth the terms and conditions under which HUD will provide federal financial assistance to
Grantees to carry out a HUD-approved housing counseling program under the Act.
This Agreement is governed and controlled by the following documents, which are
incorporated by reference, as they may be amended from time to time:
1, 24 CFR Part 214, Housing Counseling Program;
2. Section 106 of the Housing and Urban Development Act of 1968;
3, Applicable Federal Laws and Regulations;
4. Policy Requirements and the General Section of HUD's FY2009 Notice of
Funding Availability (General Section) for HUD's Discretionary Programs
printed in the Federal Register on December 29, 2008 (73 FR 79548), and
amended on April 16, 2009 (74 FR 17685);
5, HUD's FY 2009 Housing Counseling Program Notice of Funding Availability
(Housing Counseling NOFA) posted on the HUD website,
http://www.hud.gov/officesiadmigrants/nofa09/hcpsec.pdf with an opening date
of June 16, 2009;
6. TIUD Handbook 7610.1, REV-4, CHG-2, dated October 21, 2004, 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 Housing Counseling NOFA, General Section, if applicable,
this Agreement, and HT,ID Handbook 7610.1;
8. Form HUD-1044, Assistance Award/Amendment; and
9. Crrantee's current HUD-approved Housing Counseling Plan.
Grantee agrees to carry out its eligible activities (See Article IV A,) under this
Agreement. The provisions of this Agreement'shall apply to the Grantee, and where applicable,
Sub-grantees that will assist with carrying out this Agreement.
FY 2009 HC Grant I Grant Agrectnent
ARTICLE II— DEFINITIONS
A. Affiliate means a nonprofit organization participating in the HUD-related Housing
Counseling program of a regional or national intermediary, or state housing finance
agency. The affiliate organization is incorporated separately from the regional or national
intermediary or state housing finance agency. An affiliate is: (1) Duly organized and
existing as a tax-exempt nonprofit organization; (2) In good standing under the laws of
the state of the organization; and (3) Authorized to do business in the states where it
proposes to provide housing counseling services.
B. Branch or Branch Office means an organizational and subordinate unit of a local housing
counseling agency, multi-state organization, regional or national intermediary, or state
housing finance agency not separately incorporated or organized, that participates in
HUD's Housing Counseling program. A branch or branch office must be i .e.. good
standing under the laws of the state where it proposes to provide housing counseling
services. A branch or branch office cannot be a subgrantee, affiliate or applicant.
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 resolve a housing
problem,
D. Government Technical Monitor (3M/1)— The GTM 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 HUD staff person that
monitors the activities of housing counseling grantees. This individual is responsible for
technical and financial oversight and evaluation of the Grantee's performance under this
Agreement. The GTR reviews and monitors the Grantee's work performance, payment
requests, and reports, The GTR is identified in block nine (9) of the attached Form HUD-
1044.
F. Grant Agreement means this agreement.
G. Grantee means the HUD-approved counseling agency or housing finance agency that
receives housing counseling funds from HUD under this Grant Agreement. In the case of
an LHCA or MSO, Grantee includes the Branches or Branch Offices identified in
Grantee's Housing Counseling NOFA 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 03)(2) of this Agreement.
H Grant or Grant Funds means the federal funds provided by HUD for the purposes
outlined in this Agreement.
I. Grant Officer means the official authorized by HUD to execute and administer this
Agreement. The Grant Officer is identified in block twenty (20) of the attached form
HUD- 1 044 .
FY 2009 HC Grant 2 Grant Agreement
J. Intermediary means a HUD-approved organization that provides housing counseling
services indirectly through its Branches, or Affiliates, for whom it exercises control over
the quality and types of housing counse:ing services. As used in this Agreement, the
term Intermediary refers to any of the following entities:
(1) State Housing Finance Agency (SHFA) that provides housing counseling services
through its Affiliates or Sub-grantees;
(2) National Intermediary. A national intermediary provides in multiple regions of
the United States; (i) Housing counseling services through its branches or
affiliates or both; and (ii) Administrative and supportive services to its network of
affiliates or branches, including but not limited to, pass —through funding training,
and technical assistance.
(3) Regional Intermediary. A regional intermediary provides in a generally
recognized region within the United States, such as the Southwest, Mid-Atlantic,
New England; (i) Housing counseling services through its branches or affiliates or
both; and (ii) Administrative and supportive services to its network of affiliates or
branches, including but not limited to, pass-through funding, training, and
technical assistance,
K. Local Housing Counseling Agency (LHCA). A housing counseling agency that directly
provides housing counseling services. An LHCA may have a main office, and one or
more branch offices, in no more than two contiguous states.
L. Multi-state Organization (MS0). A multi-state organization provides housing
counseling services through a main office and branches in two or more states.
M. State Housing Finance Agency (SHFA) means any public body, or agency, or
instrumentality created by a specific act of a State legislature empowered to finance
activities designed to provide housing and related facilities, through land acquisition,
construction or rehabilitation throughout an entire State. SHFAs may provide direct
counseling services or sub-grant housing counseling funds, or both, to affiliated housing
counseling agencies within the SHFA'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 which the Grantee awards a sub-grant, and
which is accountable to the Grantee for the use of the funds provided. A Sub-grantee
may be separately incorporated or organized, but connected with an Intermediary or
SHFA for purposes of the Housing Counseling NOFA. In the case of an Intermediary or
SHFA that is a Grantee, Sub-grantees, if applicable, are listed by the Grantee using the
sub-allocation tool in HUD's Housing Counseling System as a 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 are located in the Housing Counseling NOFA, 24 CFR Part
214, and HUD Handbook 7610.1, as amended, are applicable to this Agreement.
FY 2009 FE Grant 3 Grant Agreement
ARTICLE III — PERIOD OF PERFORMANCE
A. Period of Performance. The Period of Performance shall begin on October 1, 2009 and
expires at midnight on September 30, 2010.
B. Extensions. The Grantee does not have the authority to extend this Agreement without
the written approval of the Department. Grantee shall advise the GTR in writing as early
as possible, but no later than thirty (30) calendar days prior to the scheduled expiration of
the Period of Performance if an extension of the Period of Performance is requested.
This request must include the reasons, besides simply using any un-obligated balance,
why an extension is necessary and justified, the specific time frame of the proposed
extension, and an explanation of how the funds will be effectively spent within the
proposed extension period. HUD may approve a one-time extension, for good cause, on
a case-by-case basis. Extensions, which are not routinely granted, will not be exercised
merely for the purpose of using un-obligated balances. Only the GTR is authorized to
approve extensions,
ARTICLE IV -- STATEMENT OF WORK
A. Housing Counseling Services.
1. Scope of Services. The housing counseling services proposed in the Grantee's
application represent the scope of services under this award. Grant funds shall only
be used for one or more of the eligible services described in the Housing Counseling
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
Housing Counseling 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.
FY 2009 FIC Grant 4 Grant Agreement
2, Provision of Seniices. See 24 CFR Part 214, arid HUD Handbook 7610.1, Housing
Counseling Program, as amended (HUD Handbook 7610.1) for requirements
regarding housing counseling and education under this grant.
To be considered housing counseling and eligible for reimbursement, at a minimum
a housing counselor must perform and document these activities:
• Budget / Financial Analysis - review client's income, expenses, spending
habits, and use of credit
• Action Plan - Except for reverse mortgage counseling, housing counselors
and clients must establish an action plan that outlines what the housing
counseling agency and the client will do in order to meet the client's housing
goals and, when appropriate, addresses the client's housing problem(s).
• Discuss Alternatives - a reasonable discussion of alternatives and options
available to the client
• Follow-up - make a reasonable effort to have follow-up communication with
the client, to assure that the client is progressing toward his or her housing
goal, to modify or terminate housing counseling, and to learn and report
outcomes.
When providing the eligible housing counseling services, Grantee, and its Sub-
grantees where applicable, shall:
(i) Coordinate with HUD, mortgagees, and public and private
community organizations that are also working with the Client in
order to provide maximum service to the Client.
(ii) Refer Clients, as appropriate, to other community service
organizations.
(iii) Provide housing counseling services on a priority basis to low and
moderate income Clients,
(iv) Contact and work with the appropriate mortgagee and HUD Office
to assist Clients who are (i) in default on their monthly mortgage
payments, (ii) being considered under the Loss Mitigation
Program, or (Hi) in financial difficulty or in default under a
forbearance agreement.
(v) Provide specialized counseling on shared housing or referrals to
organizations providing such counseling and information on
available housing for sharing.
(vi) Provide counseling offices and services that are accessible to
persons with a wide range of disabilities.
FY 2009 HC Grant 5 Grant Agreement
(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 applicabie, shal: make a
reasonable effort to refer to other community and national resources all individuals
who contact the Grantee or Sub-grantee, for assistance but whom Grantee, or Sub-
grantee, is unable to serve.
B. Requirements.
1. Client Management System. Grantee and sub-grantees, if applicable, must utilize a
client management system 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.
2. Placement on List of Housinc, Counselin_ A.encies and toll-frec hotline. Contact
information for Grantee, funded Branches, and Sub-grantees, where applicable, that
directly provide services, shall be maintained on HUD's list of housing counseling
agencies and toil-free hotline, including separate contact information for each Sub-
grantee or Branch. Grantee, its Affiliates or Sub-grantees agree to serve all
individuals referred to them through these resources unless the individual seeks
assistance in an area, or in a format, that 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. Housing Counseling System. Grantee and Sub-grantees, if applicable, must ensure
that all agency pro file data, and sub-allocation data, if applicable, in HUD's Housing
Counseling System (IICS) 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 I-IUD staff in research or evaluative studies, or both,
related to the Housing Counseling Program and Grant.
C. Intermediary, MS0 and SHFA Functions
I. Responsibility for Grant Administration, Grantee shall have wide discretion to
implement use of its Grant through its Sub-grantees, if applicable, and is
responsible for managing the daily operations of its program. The use of Sub-
grantees, 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
FY 2009 IIC Grant 6 Grant Agreement
agreements, and other applicable laws, Grantee must have in place a quality contrel
plan that specifically outlines how grantee monitors the performance of its Sub-
grantees. This quality control plan shall be available to HUT) upon request.
2. Sub-Lrrants to Affiliates and Allocation of Funds to Branches. Grantee shall
maintain copies of all sub-agreements and a written record explaining how it sub-
granted funds to its Sub-grantees. Grantee shall also maintain a written record of
funds allocated to its Branches. These sub-agreements and records shall be
available to HUD and the Grantee's Sub-grantees. As a condition of award,
Grantees acting as intermediaries must list Sub-grantees and funded branches, and
their corresponding sub-allocations, in HCS. See Article V, B.2, of this Agreement
regarding changes in the list of Sub-grantees or funded branches, or both, as well as
to sub-allocation amounts.
3. Single Audit Act Grantee Responsibilities, Grantee shall fulfill its responsibilities
as a pass-through entity under the Single Audit Act, 31 U.S.C. § 7502(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.
ARTICLE V — SUBCONTRACTS AND SUB-GRANTS
A. General Prohibition. As prescribed by HUD's regulations at 24 CFR 84.25(0(8),
84.82(d)(3)(iii), or 85.30(d)(4), a Grantee that is subject to 24 CFR part 84 shall not sub-
grant, transfer, or contract any of the work under this Agreement. A Grantee that is
subject to 24 CFR part 85 shall not sub-grant, contract, or otherwise obtain the services of
a third party to perform activities which are central to the purposes of this Grant.
Notwithstanding this general prohibition, a Grantee may sub-grant, transfer, or contract if
any of the following exceptions apply:
1. For a Grantee that is subject to 24 CFR part 84, the sub-grant, transfer, or contract
was described in Grantee's grant application and funded in the approved Grant.
HUD will indicate in block sixteen (16) of the attached HUD-1044 if any sub-
grant, transfer, or contract is not funded. Notwithstanding the Grantee's grant
application and any statement, or lack of any statement, in the attached HUD-
1044, a Grantee that is a SHFA, when not acting as an Intermediary or a LI-ICA
shall not make sub-grants for the performance of any part of this Agreement.
2. HUD approves the sub-grant, transfer, or subcontract.
3. The sub-grant, transfer, or subcontract is for the purchase of supplies, material,
equipment, or general support services. If this exception to the general
FY 2009 HC Grant 7 Grant Agreement
prohibition applies, Grantee shall comply with the applicable procurement
standards in 24 CFR 84.41 through 84.48, 24 CFR 84.84, or 24 CFR 85_36,
B. Requirements Avnlicable to Sub-grants by Grantees. This paragraph only applies to a
Grantee which provides funding to Sub-grantccs or Branches.
1. Eligjble 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 and 24 CFR Part 214. This
Agreement serves as the Grantee's certification that the quality of services
provided by Sub-grantees that are not HUD-approve& or by branches, shall meet
or exceed the standards for HUD-approved LHCAs. HUD does, however, reserve
the right to request that Grantee provide HUD documentation that supports
Grantee's certification that Sub-grantees, which are not HUD-approved, or
branches, meet or exceed the standards for HUD-approved LHCAs.
2. _changes to the Corn ositioi nd funded Branches. To amend the
list of Sub-grantees or funded Branches, or corresponding sub-grant amounts, or
both, after the execution of the grant award document, Grantee must request in
writing to HUD to amend the list of funded Branches or Sub-grantees, or both,
identified in HCS through the sub-allocation tool. Upon HUD's approval of such
request, the sub-allocation tool in HCS must be amended by the intermediary or
SHFA, and this Grant Agreement shall be deemed amended accordingly. HUD,
however, may require a Grantee to execute an amendment to this Agreement
amending the Grant amount where a change in the composition of Sub-grantees or
- Branches providing counseling services changes a Grantee's classification as a
National or Regional Intermediary and reduces the applicable Housing
Counseling NOFA award limits under which Grantee's grant application was
evaluated.
3. Funding Agreements between Grantee and Sub-lrantees. Grantee shall execute a
written sub-grant agreement with each Sub-grantee before disbursing funds to the
Sub-grantee. All sub-grant agreements shall contain such terms as required by
this Agreement, any terms to carry out the purposes of this Agreement, and any
additional terms consistent with this Agreement as the Grantee deems proper.
The sub-grant agreement must clearly delineate the mutual responsibilities for
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 certification in each sub-grant agreement:
(A) Lobbying. Grantee shall include without modification, the certification
language in the HUD-50071 in all sub-grant agreements.
FY 2009 HC Grant 8 Grant Agreement
Documentation of Funding Decisions. As required by section 102(a) of the HUD Reform
Act of 1989 (42 U.S.C. § 3545(a)) and 24 CFR 4.5(b), Grantee shall comply with the
following requirements where HUD awarded this Agreement to Grantee through a
competition such as the Housing Counseling NOFA and Grantee makes the grant funds
availab:c on a competitive basis to Affiliates or Branches, or both:
I. 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 local law, Grantee shall make the material
required by subparagraph C.1 of this Article available for public inspection for at
least five (5) years beginning no later than thirty (30) calendar days after Grantee
executes the Sub-grant agreement,
D. Notice of Funding Decisions. As required by section 102(a)(4XC)(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 Housing Counseling NOFA and Grantee makes this assistance available on a
competitive basis to Affiliates or Sub-grantees. The notification shall contain the
elements required by 42 U.S.C. § 3545(a)(4)(C)(i). This notification may be by any
method conducive to providing information to the public.
E. Sub-grant Applicant Disclosures. As required by section 102(b) of the HUD Reform Act
of 1989 (42 U.S.C. § 3545(b)), a Grantee that is a State or unit of general or local
government shall not execute any sub-grant agreement until the Affiliate or Sub-grantee
makes the disclosures required by this section of the HUD Reform Act of 1989.
I. 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.
2. 'Updates to Disclosure Reports. As required by 42 U.S.C. § 3545(c) and 24 CFR
4.11, Affiliates and/or Sub-grantees shall update their Disclosure Reports to
reflect substantial changes in their disclosures. The period during which these
updates are required begins when the application is submitted and ends when the
Applicant discharges all obligations under the terms of the assistance.
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
FY 2009 fiC Grant 9 Grant Agreement
in the case of applications for competitive assistance and for three (3) years in the
case of other applications. Updated Disclosure Reports shall be . available along
with the Original Disclosure Reports, but in no case for a period of less than three
(3) years.
F. Salary Limitation for Consultants. FY2009 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 FY2009 is $127,604. The hourly rate
is $61.14.
ARTICLE VI-- ADMINISTRATIVE REQUIREMENTS
A. An agreement with a non-profit organization, institution of higher education, or hospital
shall be subject to the following administrative requirements as they may be amended:
I. 24 CFR part 84, Grants and Agreements With Institutions of Higher Education,
Hospitals and Other Non-Profit Organizations, as applicable; and
2. OMB Circular A-110, Uniform Administrative Requirements for Grants and
Other Agreements with Institutions of Higher Education, Hospitals and Other
Non-Profit Organizations, as amended.
B. An agreement with a state, local or federally recognized Indian Tribal government shall
be subject to the following administrative requirements as they may be amended:
1. 24 CFR part 85, Administrative Requirements for Grants and Cooperative
Agreements to State, Local and Federally Recognized Indian Tribal Governments;
and
2. OMB Circular A-102, Grants and Cooperative Agreements with State and Local
Governments.
C. Mergers, acquisitions, or other changes in form or organizational structure must be
reported to the GTR and receive 1-11.1D'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.
FY 200911C Grant 10 Grant Agreement
The GTR or GTM shall inspect and accept the services and deliverables provided under
this Agreement. Grantee shall inspect and accept the services and deliverables provided to it by
its Sub-grantees.
ARTICLE VIII CONDUCT OF WORK
The GTR shall be Grantee's first and primary point of contact with HUD on all matters of
a technical nature. Grantee shall submit all reports or other materials to the GTR. The GTR may
issue written or oral instructions to Grantee to supplement the Statement of Work described in
this Grant. Such instructions must be within the Scope of Work set forth in this Grant, and may
not be of such a nature as to affect price, period of perfounance, or any other provisions of this
Agreement. The GTR may designate a GT1v1 to assist with grant management and the GTR shall
notify Grantee in writing of the appointment of any GTM,
ARTICLE IX — PRICE
A. Maximum Grant Amount. Grantee shall be paid according to the terms of this
Agreement for all work required, performed, and accepted under the Agreement in an
amount not to exceed the amount shown in block fourteen (14) of the attached Form
HUD-1044 (Maximum Grant Amount). Grantee shall bear the burden of all costs in
excess of the Maximum Grant Amount.
B. Designation of Assistance Arrangement. Grantee shall be paid for its performance of this
Agreement according to the type of assistance arrangement designated in block eleven
(11) of the attached Form H1JD-1044. All Grants, sub-grants and allocations funded by
Fiscal Year 2009 Housing Counseling NOFA competitive housing counseling funds shall
be made on a cost reimbursement basis.
C. Prior Approval Required for Revisions to Budget and Program Plans. Grantee shall
report and request prior HUD approval for deviations from budget and program plans in
accordance with the applicable regulations in 24 CFR 84.25, 84.82, or 85.30.
D. Cost Reimbursement. Grantee shall comply with the applicable regulations in 24 CFR
part 84 subparts A through 13 cm 24 CFR part 85. Grantee shall ensure that all Sub-
grantees comply with the provisions of this paragraph.
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) provisions of this Agreement, and
FY 2009 HC Grant It Grant Agreement
(B) applicable federal cost principles as outlined in OMB Circular A-122 Cost
Principles for Non-Profit Organizations, (Dated May 10, 2004), OMB
Circular A-87 Cost Principles for State. Local and Indian Tribal
Governments, (Dated May 4, 1995, further revised May 10, 2004), or
OMB Circular A-21 Cost Principles for Education& Institufions (Dated
August, 8, 2000, further revised May 10, 2004). If these circulars are
revised during the period of performance of this Agreement the most
recent revision shall apply.
2. Indirect Cost Rates. The allowable indirect cost rate is stipulated in block sixteen
(16) of the attached Form HUD-1044 or a separate written agreement with Grantee.
(If block 16 indicates an indirect cost rate of zero, then Grantee will be reimbursed
only for direct costs.) This separate written agreement is hereby incorporated into
this Grant Agreement. Adjustments may be made from a provisional rate to the final
rate provided that (1) such adjustments together with all other amounts paid to the
Grantee under this Agreement shall not exceed the Maximum Grant Amount, and (2)
the final rate is established within ninety (90) calendar days of the expiration or
termination of the Grant and the adjustment is made within this same time period.
3. Period of Availability of Funds. Grantee may charge to the Grant only Allowable
Costs resulting from obligations incurred during the Period of Performance,
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 Fundiu. 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 not reimburse Sub-grantee 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 period of performance as specified in Article XVI.
G. Restrictions on Use of the Grant Award. The funds awarded under this Agreement shall
be used in accordance with this Agreement, the Grantee's grant application as approved
by HUD, and as may be further restricted in block sixteen (16) of the attached Form
HUD-1044. Such restrictions may include, but are not limited to the, special award
conditions described in 24 CFR 84.14 and 85.12.
FY 2009 I-1C Grant 12 Grant Agreement
ARTICLE X -- PAYMENT REQUESTS
A. General Payment Procedures. The forms referred to in this paragraph are available from
HUD's webs ite at lAp://www.hud,gov/offices/admihudelips/index.efmunder the forms
section and, upon request, from HUD by contacting the GTR. The SF-1199A is also
available at local banking institutions.
1. A Grantee that is not currently signed up to receive payments via direct deposit from
HUD must submit a completed SF-1199A, Direct Deposit Sign-Up Form. Grantee
must submit the SF-I199A to the GTR and, in the case of an Intermediary Grantee,
the Cash Management Reporting Division, Room 3118, at HUD Headquarters.
2. Each individual in Grantee's organization who will be authorized to access
VRS/LOCCS to request funds under this Agreement must request access
authorization from HUD by submitting a Form HUD-27054, LOCCS Voice Response
Access Authorization. A new Form HUD-27054 is not required for any individual
who currently has access to VRS/LOCCS for prior year grant funds for the same
Grantee, Grantees for whom LOCCS access was suspended or terminated, for
example due to non-use, must also submit Form HUD-27054 to reset their password
or reinstate a user, or establish a new user.
3. Grantees are responsible for changing their LOCCS password once every 60 days.
Termination of access due to password expiration will require resubmission of Form
I1UD- 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.
5. The GTR may provide additional instructions on accessing and using the
VRS/LOCCS.
6. All vouchers for grant payments must be submitted to HUD on the Form HUD-
27053, LOCCSNRS Request Voucher for Grant Payment, utilizing the Voice
Response System/Line of Credit Control System (VRS/LOCCS), or electronically
through form HUD-50080-C1-1C-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.
FY 2009 HC Grant 13 Grant Agreement
B. Payment Procedures for Cost Reimbursement Grants. Grantee shall comply with the
applicable payment procedures in 24 CFR 84.21 through 84.22 and 85.20 through 85,21.
C. Timing and Amount of Payment Requests. HUD strongly encourages grantees to draw-
down funds 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 Conjunction 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 justification
that includes a detailed budget, the number of clients served through individual
counseling and the number of individuals served through group education. The
justification must also include the type of counseling or education, 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 the
grant period or date of last payment, whichever occurs first.
F. Standards for Financial Management Systems. Grantee shall maintain and operate
financial management systems that meet or exceed the Federal requirements for funds
control and accountability as established by the applicable reguLations in 24 CFR 84.21
or 24 CFR 85.20.
G. Withholding_of Funds, HUD 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 (h)(1), including (I)
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 GTM will verify submission
through 1-ICS. 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.
FY 2009 HC Grant 14 Grant Agreement
Funds Recapture. HUD may recapture any unspent funds. Grantees arc rcqui:.ed to
cooperate with recapture requests, including any papervvork requests. HUD may utilize
recaptured funds in subsequent Housing Counseling 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 Performance Reports – LHC.As and SHFAs that do not issue sub-grants under
their award. A performance report is due to the GTR or UTIN4 not later than January 31,
2010 for the three month period ending December 31, 2009 and, if grant activity occurs
during the third quarter, not later than July 31, 2010 for the nine month period ending
June 30, 2010. and must include information on, and satisfy, the following, both for the
reporting period and cumulative:
1. Grantee's name, adthess,and grant number as they appear on the grant document;
2. Start and end dates of the report period;
3. Hourly rate. Identify each counselor or other employee, and their title, for whom
time/activity is being billed under the grant, and indicate the hourly billing rate for
that individual used to calculate reimbursement from HUD or a parent agency.
Explain exactly how hourly rates are calculated;
4. Client List. List all counseling client file numbers, group or group education file
numbers, or both if applicable, 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;
5. Cost Per Client. Itemize for each client and/or group education session, the
relevant counselor and/or other employee that provided service, amount of hours
provided, and total amount of funds charged to the HUD grant. The electronic
submission of client level data may satisfy this requirement;
6. Staff hours. Indicate for each relevant counselor or 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;
7. 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-
FY 2009 HC Grant 15 Grant Agreement
grantees and Branches reimbursed by intermediaries and SHFAs at a fixed rate
per counseling/education activity and type are not exempt from this requirement
to provide an itemized budget;
8. 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;
9. Authorization. Signature and title of person authorized to sign the report;
10. Logic Model. Form 1-IUD-96010. A comparison of the actual, cumulative
accomplishments with the relevant outputs and outcomes projections. Update
the form HUD-96010 logic model that was submitted with your Housing
Counseling NOFA application or amended with HUD's approval subsequently.
E-mail an electronic copy to the GTM/GTR.
11. Federal Financial Report. Complete and submit the form SF 425, summarizing
financial data for each quarter. See attached form and instructions,
B. Quallerly_Performance Reports — intermediaries, Slaild_MS.Os that issue sub-mL_its
or fund branches under their award. A performance report is due to the GTR or GTM not
later than January 30, 2010 for the three month period ending December 31, 2009 and. if
grant activity occurs during the third quarter, not later than July 31, 2010 for the nine
month period ending June 30, 2010, and must include, for each sub-grantee and funded
branch, information on, and satisfy, items A.1 through A.9 in this Article, as well as the
following, for both the reporting period and cumulative:
1. 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 intermediary or SHFA; 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 June 6, 2008 to assure compliance
with the Transparency Act requirements. Should additional requirements become
applicable, HUD reserves the right to amend this grant agreement;
2. Budget. 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, MS0 or SHFA, including
training, travel, salaries, and equipment, for each quarter and cumulative;
3. Federal Financial Report. Complete and submit the form SF 425, summa.rizing
financial data for each quarter. See attached form and instructions.
FY 2009 He Grant 16 Grant Agreement
4. Billing MethodoloEv, 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;
5. Logic Model, Form 1-IUD-960l 0. A comparison of the actual, cumulative
accomplishments with the relevant outputs and outcomes projections. Update the
form HUD-96010 that was submitted with your Housing Counseling NOFA
application or amended with HUD's approval subsequently. E-mail an electronic
copy to the GTM/GTR;
6. 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.
C. Mid-Term Performance Report — LHCAs. SHFAs and agencies that do not issue sub
grants under their Grant award. Unless the Grant has been fully expended and a final
report as described in Section D of this Article has been submitted to close out the Grant,
a mid-term report is due not later than April 30, 2010 for the six-month period ending
March 31, 2010. For the mid-term report, submit the mid-year cumulative logic model
form electronically via email to the assigned GTRiGTM. The report must also contain
the items requested for the quarterly report (for Sub-grantees and funded branches, items
Al — A9). 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 sub-grants under their Grant award.
The final report is due to the GTR or GTM when the Grantee has completed all Grant
activites 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
FY 2009 HC Grant 17 Grant Agreement
the same format as the mid-term report hut cover all activity under the grant. For the
final report, submit the final logic model form electronically via e-mail to the assigned
GTR1GTM. Update the form HUD-96010 that was submitted with your Housing
Counseling NOFA application, or amended with HUD's approval subsequently. The
narrative report must cover the entire period durir.g 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. Grantee must also submit the SF 425, Federal Financial Report
form with the fina report The GTR or GTM will process the final voucher only upon
receipt of an acceptable final report.
E. Mid-Term and Final Re•ort — Intermediaries State Housin• Finance A.encies or MSOs
that issue sub-grants or fund branches under their award. These organizations shall
receive a mid-term and final report from each Sub-grantee or funded Branch, as described
under paragraphs C 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 electronically via email to the assigned GTRiGTM. Update the
form HUD-96010 that was submitted with your Housing Counseling NOFA application,
or amended with HUD's approval subsequently. Each logic model submission should
reflect quarterly as well as cumulative year to date data. Moreover:
1, The mid-term performance report is due to the GTR or GTM not later than April
30, 2010 for the six month period ending March 31, 2010.
2. A final report in the same format as the mid-term report is due when the Grantee
has completed all Grant activities that will be funded under the Grant or not later
than December 31, 2010 for the twelve month period ending September 30, 2010.
The GTR or GTN4 will process the final voucher only upon receipt of an
acceptable report.
3. The SF 425, Federal Financial Report must be completed and submitted with the
mid-term and final 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. .enerBLqiiirements, 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.
FY 2009 BO Grant 18 Grant Agreement
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 diem 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(b) of the HUD Reform Act of 1989 (42 U.S.C. § 3545(b)) and its
implementing regulations, 24 CFR part 4. To initially satisfy this requirement, Grantee
shall complete the Form HUD-2880, Applicant/Recipient Disclosure Update Report, and
this completed Form is hereby incorporated into this Agreement. Grantee shall update
the Form HUD-2880 as required by the HUD Reform Act of 1989 and 24 CFR § 4.11.
ARTICLE XIII — SECURITY OF CONFIDENTIAL INFORMATION
Grantee, and Sub-grantees, if applicable, shall secure under lock and key all information
regarding counseling of Clients, whether such information is generated by the agency itself or
received from outside sources. This includes credit reports, information on current financial
status, notes on counseling sessions, and any other information regarding individual Clients.
Grantee and Sub-grantees shall not disclose such information to anyone other than HUD or, with
the consent of the Client, and the Client's mortgagee.
ARTICLE XIV — DEFAULTS AND REMEDIES
A. Special Conditions. 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.
B. Events of Default. Each of the following shall be deemed an Event of Default under this
Agreement; (1) any material failure by Grantee to comply with the terms and conditions
of this Grant Agreement, whether stated in a Federal statute, regulation, the General
Section, the Housing Counseling NOFA, 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 HUD-approved
status during the Term of this Agreement, or (4) any misrepresentation in the application
submissions which, if known by HUD, would have resulted in this Agreement not being
awarded.
C. Notice of Default. If any Event of Default occurs, the Grant Officer shall give Grantee
written notice of the occurrence of the Event of Default and a reasonable opportunity to
take corrective action. The notice shall identify (1) the Event of Default, (2) the required
FY 2009 HC Gram 19 Grant Agreement
corrective action by Grantee, (3) the date by which the cotTective action must be taken,
and (4) the consequences for failing to take corrective action.
D. Remedies. If Grantee fails to achieve compliance within the period specified in the
Notice of Default, HUD may take one or more of the following actions: recover misspent
funds, suspend the award, terminate the award for cause, or take other remedies that may
be legally available. The applicable regulations at 24 CFR §§ 84.60 through 84.62,
84.86, and 85.43 through 85.44 discuss some of these available remedies.
ARTICLE XV — AMENDMENTS
This Agreement may be amended at any time by a written amendment. Cianee shall
submit requests for amendments to the Grant Officer with a copy of the request to the GTR.
Amendments that reflect the rights and obligations of either party shall be executed by both the
Grant Officer and the Grantee. Notwithstanding the foregoing, the Grant Officer may
unilaterally execute administrative amendments, such as changes in the GTR or appropriation
data, or amendments that result from signed requests from the Grantee where the Department
adopts the requested amendment without any changes. GTRs and GTMs are not authorized to
amend any provision of the grant agreement.
ARTICLE XVI — 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,
84.53, 84.85, and 85.42. Notwithstanding the record retention periods specified in 24
CFR parts 84, 85 and 214, the HUD Reform Act, as specified in paragraphs C and E of
Article V. may require Grantee to retain certain records for a longer period. Grantee may
also be subject to record retention requirements under other applicable laws and
regulations, including but not limited to, the nondiscrimination regulations cited in
Article XXII.
B. Type of Record keeping System, Any record keeping system may be used provided that
the system chosen by the Grantee 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 HUD Handbook 7610.1. Each Client must be assigned an
identification number to be used for reporting on housing counseling activities to HUD.
FY 2009 HC Grant 20 Grant Agrecment
• I' • 41 •
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 ail facts and documentation presented. The decision shall be mailed by return
receipt requested to the Grantee. Grantee may appeal the decision within thirty (30)
calendar days of receipt of HUD's decision by submitting a written appeal. SHFAs and
LHCAs shall submit their appeal to the HUD Homeownership Center within their
respective jurisdiction. Intermediaries shall submit their appeal to the Program Support
Division at HUD Headquarters, Washington, DC.
B. Faise Statements. A false statement in the Grant 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 OMB Circular A-133, Audits of States, Local Governments, and Non-Profit
Organizations (Revised June 27, 2003), as amended. The requirements of the Single Audit Act
and OMB Circular A-133 shall supersede the requirements in HUD Handbook 7610.1, REV-4,
CHG-2, dated October 21, 2004, paragraph 5-1.G, for an audit every two years.
ARTICLE XIX — DEBARMENT AND SUSPENSION
Grantee will comply with HUD's requirements for participants at 2 CFR part 2424, 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 HUD's 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.
FY 2009 HC Grant 21 Grant Agreement
ARTICLE XXI -- LOBBYING RESTRICTIONS
A. General Restrictions. Consistent with the Byrd Amendment (31 §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 ;Is
extension, continuation, renewal, amendment, or modification.
B. Certifications. As a precondition to receiving grant funds exceeding $100,000, a Grantee,
Affiliate/Sub-grantee, shall certify using the Form HUD-50071, Certification of
Payments to Influence Federal Transactions, that it will comply with 24 CFR part 87. A
Grantee shall submit its certification to the GTR, and an Affiliate/Sub-grantee shall
submit its certification to the next tier above. The Form HUD-50071 is hereby
incorporated into this Agreement.
C. Disclosures. As required by 24 CFR 87.110, a Grantee or Affiliate/Sub-grantee that
receives grant funds exceeding $100,000 shall disclose using SF-LLL, Disclosure of
Lobbying Activities, any payments made, or any agreement to make any payment, from
non-appropriated funds which would be Prohibited under 24 CFR 87.100(a) if paid for
with appropriated funds. These disclosures shall be updated as required by 87.110(c).
An Affiliate/Sub-grantee or Branch shall submit its disclosures to the next tier above.
Grantee shall submit its disclosures and the disclosures by its Affiliates or Sub-grantees
to the GTR. These disclosures and updates are hereby incorporated into this Agreement.
D:
Lobbyist Registration and Reporting. Grantee shall comply with the Lobbying
Disclosure Act of 1995 (2 U.S.C. § 1601 et seq.) which requires all persons and entities
who lobby covered Executive or Legislative Branch officials to register with the
Secretary of the Senate and the Clerk of the House of Representatives and file reports
concerning their lobbying activities.
ARTICLE XXII -- NONDISCRIMINATION REQUIREMENTS
A. General. Notwithstanding the permissibility of applications that serve target areas or
populations, Grantee shall comply with these requirements for nondiscrimination on the
basis of race, color, religion, sex, national origin, age, familial status, and disability. The
Standard Form 424B, Assurances for Non-Construction Programs, is hereby incorporated
into this Agreement.
B. Nondiscrimination Requirements. Grantee shall comply with the following requirements
as they may be amended from time to time.
FY 2009 I-IC Grant 22 Grant Agreenien:
• Ili •
1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d-2000d-4) and
implementing regulations at 24 CFR part 1, Nondiscrimination in Federally
Assisted Programs of the Department of Housing and Urban Development -
Effectuation of Title VI of the Civil Rights Act of 1964;
2. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-
88) and implementing regulations at 24 CFR part 3, Nondiscrimination on the
Basis of Sex in Education Programs or Activities Receiving Federal Financial
Assistance;
3. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794) and
implementing regulations at 24 CFR part 8, Nondiscrimination Based on
Handicap in Federally Assisted Programs and Activities of the Department of
Housing and Urban Development;
4. The Fair Housing Act (42 U.S.C. §§ 3601-19) and implementing regulations at 24
CFR part 100, Discriminatory Conduct Under the Fair Housing Act;
5. Executive Order 11063, as amended by Executive Order 12259, and
implementing regulations at 24 CFR part 107, Nondiscrimination and Equal
Opportunity in Housing Under Executive Order 11063: and
6. Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07) and implementing
regulations at 24 CFR part 146, Nondiscrimination on the Basis of Age in HUD
Programs or Activities Receiving Federal Financial Assistance.
C. Requirements A_pplicable to Religious Organizations. Where Grantee is, or Grantee
proposes to make sub-grants or an allocation of funds to, a primarily religious
organization, or a wholly secular organization established by a primarily religious
organization, to provide, manage, or operate a housing counseling program, Grantee and
its Sub-grantees must undertake their responsibilities in accordance with the following
principles:
1. Grantee and its Sub-grantees shall not discriminate on behalf of or against any
segment of the population in the provision of services or in outreach, including
those of other religious affiliations.
2. Grantee and its Sub-grantees shall not engage in inherently religious activities,
such as worship, religious instruction, or proselytization, as part of the programs
or services funded under this grant. If an organization conducts such activities,
these activities must be offered separately, in time or location, from the activities
funded under this Grant Agreement, and participation must be voluntary for the
Clients receiving services covered, either completely or in part, by HUD funds.
FY 2009 HC Grant 23 Grant Agreement
ARTICLE XXIII — MISCELLANEOUS
A. Order of Precedence. In the event of any inconsistency among any provisions of this
Agreement, the following order of precedence shall apply:
1. Section 106 of the Housing and Urban Development Act of 1968 and other
applicable federal laws;
2. Applicable Federal regulations, including 24 CFR Part 214;
3. The Housing Counseling NOFA;
4. This Grant Agreement; and
5. HUD Handbook 7610.1.
B. American-made Equipment & Products. As required by HUD's Appropriations Act, to
the greatest extent practicable, all equipment and products purchased with grants funds
should be American-made.
C. No waiver. No delay or omission by HUD to exercise any right or remedy available to it
under this Agreement or applicable law or to insist upon strict compliance by the Grantee
with its obligations hereunder shall impair any such right or remedy or constitute a
waiver of 1-1T.ID's right to demand exact compliance with the terms of this Agreement.
D. Applicable Law. This Agreement shall be construed, and the rights and obligations of the
parties determined, in accordance with Federal law,
E. Relationship of the Parties. Neither of the parties is an agent of the other party and
neither party has the authority to represent or bind the other party to anyone else as to any
matter.
F. Survival. Any provisions of this Agreement that expressly or by their operation should
reasonably continue to apply to a party after the termination or suspension (in whole or in
part) of this Agreement shall continue in full force and effect for such time as is
necessary to fully carry out the intent of such provisions. The applicable regulations at
24 CFR 84.72, 84.87, and 85.51 describe Grantee's continuing responsibilities after the
closeout of this grant.
FY 2009 HC Grant 24 Grant Agreement
• •41. =
FISCAL NOTE (MISC. #09296)
BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS —
COMMUNITY AND HOME IMPROVEMENT DIVISION — FY 2009 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 2009 Housing Counseling Grant funding in the amount of $55,976 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. The award includes $40,976 for Comprehensive Housing Counseling, $10,000
for Home Equity Conversion Mortgage Counseling and $5,000 for Loan
Document Review.
4. This is the fifteenth (15 th) year of the grant.
5. The County performance period for the grant is from October 1, 2009 through
September 30, 2010.
6. The award is $54,574 less than the application amount of $110,550 and $30,976
more than the FY 2006 award of $25,000.
7. No County match is required for this grant continuation.
8. Indirect costs are not paid for this grant due to administrative and planning limits.
9. The FY 2010 — FY 2012 Special Revenue Fund Budget for the Housing
Counseling Grant Fund is amended as follows:
Revenue
29706-1090680-132210-610313 Grants — Federal $ 30.976
Expenditures
29706-1090680-132210-702010 Salaries — Reg. $ 24.671
29706-1090680-132210-722740 Fringe Benefits 6,305
$ 30,976
$ -0-
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Potter absent.
I HEREBY FOREGOING RESOLUTION THE
Resolution #09296 December 9, 2009
Moved by Middleton supported by McGillivray the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted and appointments being
confirmed).
Discussion followed
Vote on Consent Agenda:
AYES: Burns. CapeIle, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel,
Hatchett, Jackson, Jacobsen. Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad,
Schwartz, Scott, Taub, Woodward, Zack, Bullard. (25)
NAYS. None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended
Consent Agenda were adopted (with accompanying reports being accepted and appointments being
confirmed).
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true
and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on December
9, 2009, 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 9th day of December, 2009.
eat
Ruth Johnson, County Clerk