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Home My WebLink AboutContract 39611Assistance Award/Amendment U.S. Department of Housing and Urban Development Office of Administration CITY SECRETARIf c4NTRACT NO. N 1, Assistance Instrument 2. Type of Action ❑ Cooperative Agreement ® Grant ® Award ❑ Amendment 3. Instrument Number 4. Amendment Number 5. Effective Date of this Action 6. Control Number � 09—M" 821-043 1 October 2009 7. Name and Address of Recipient 8. HUD Administering Office CITY OF FORT WORTH HOUSING DEPARTMENT Office of DEN Program Development Program Support 908 Monroe St. - 3rd Floor Division Fort Worth, TX, TX 76102 1670 Broadway Denver, CO 80202 TIN NUMBER: 75-6000528 8a. Name of Administrator 8b. Telephone Number Elaine Roberts 800-543-9378 x1626 10. Recipient Project Manager 9, HUD Government Technical Representative Karen Meunier 817-392-8091 Eric Brown 11. Assistance Arrangement 12, Payment Method 13. HUD Payment Office ® Cost Reimbursement ❑ Treasury Check Reimbursement CFO Accounting Center/HUD ❑ Cost Sharing ❑ Advance Check PO Box 901013 ❑ 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 ................................................................................................................................................. ll4''' V HUD Amount this action $40,976.00 869/100156) SY 09/10 NCII 1 ,043 ...:.....................................................................................MEN .................................................................................................. Total HUD Amount Previously Obligated......................_$ ........................................._$402976:00..............................................................Amount Recipient Amount .. ......... $ Obligation by this action ......................................................a...................... $40,976.00 ...................................�............................................................................................................ Total Instrument Amount 40,976.00IF ME. Total Obligation ............�................................................ 40,976.00 16. Description FY 2009 -HOUSING COUNSELING GRANT VOUCHER UNDER LOCCS BUDGET LINE ITEM 9500. GRANT TYPE: LHCA COMP III AM .f:,nt.,-act Authoriaatioa )�NtN-F Marty 17. ® Recipient is required to sign and return three (3) copies I 18. ❑ Recipient is not required to sign this document. 19. Recipient (By Name),Z;% j tr T. M..Hi��ins Signature & Title c% /�cI Asst. City Manage-r OFFICIAL RECORC CITY SECRETARY 20. HUD (By Name) Jane E. Hall Date (mm/dd/yyyy) Signature &Title i/1i31o9 Ac inq Director of HOC Date (mm/dd/yyyy) form HUD-1044 (8/90) ref. Handbook 2210.17 FT. WORTH, TX U. S. Department ofH.Housing afflid Urban Development Denver Homeownership Center Program Support Division November 63 2009 �Q�P�NENtq. 2 o 6,yA 1)EVEV° 1670 Broadway Street Phone: 1-800-CALLFHA (225-5342) Denver, CO 802024801 Fax: 303-672-5084 Web: www.hud.gov CITY OF FORT WORTH HOUSING DEPARTMENT c/o Karen Meunier 908 Monroe St. 3rd Floor Fort Worth, TX, TX 76102 DUNS NUMBER: 147336965 Dear Karen Meunier: I am pleased to inform you that CITY OF FORT WORTH HOUSING DEPARTMENT has been conditionally awarded a total grant of $40976 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 Re ig ster 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 letter. Please note that funds are subject to the availability of appropriations. Funds for this grant shall be used as follows: $ 40976 COMPREHENSIVE 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: OFFICIAL RECORD - CITY SECRETARY FT WORTH, TX 2 l . 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. 2. 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 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 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.govlofcesladmlgrantslcodeofconducticconduct.cfm 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 HUI) 424-CB submitted with the application, or you may submit a budget in the format of your choosing if the form HUD424 CB does not provide enough detail. The key is that all expenses are itemized. If using form HUD424 CB, entries relevant to the grant must be made in column 1. HUD share. Intermediaries, Multiple State Organizations (MSOs) 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, MSO, or SHFA, including training, travel, salaries, indirect cost and equipment. OFFICIAL RECORD CITY SECRETARY FT WORTH, TX I Kj 5. Revised Form 171UD-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, but remain in the same proportion as initially submitted. You must update the form HUD-96010 that was submitted through grants.gov as part of the relevant application. Submit the revised logic model form electronically via email to: Eric Brown: Eric.B.Brown@hud.gov Grantees will be required to submit an updated HUD Form-960105 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, MSOs and SHFAs must list grantees and and funded branches, and their corresponding sub -allocations, in HCS. 7. Client Management S. sue. 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: Eric Brown Single Family Program Support Division Department of Housing and Urban Development 1670 Broadway, 23rd Floor Denver, CO 802024801 Once all information has been reviewed and approved by my staff, we will send a countersigned Grant Agreement, process the award and establish anaccount for your organization. Information about procedures for submitting an initial voucher can be found in Handbook 7610.1 Rev4, Appendix 14-1). OFFICIAL RECORD CITY SECRETARY FT WORTH, TX If you have any questions or concerns, please contact, Eric B. Brown: 303-675-1638. We look forward to a productive partnership with your organization in helping to expand affordable housing opportunities. Sincerely, Elaine Roberts Director Enclosures OFFICIA(. RECORp CITY SECRETARY FT. WORTH, TX 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 XX ARTICLE XXI ARTICLE XXII ARTICLE XVIII FY 2009 HC Grant TABLE OF CONTENTS GENERAL................................................................................................................................1 DEFINITIONS ..................... PERIODOF PERFORMANCE.............................................................................................3 STATEMENTOF WORK......................................................................................................4 SUBCONTRACTS AND SUB-GRANTS...............................................................................7 ADMINISTRATIVE REQUIREMENTS............................................................................10 INSPECTION AND ACCEPTANCE"......... m00000m ****see 6068 @so 10 CONDUCTOF WORK.........................................................................................................10 PRICE.....................................................................................................................................11 PAYMENTREQUESTS.......................................................................................................12 REPORTING.............................. .................................... assets ............................ soon ................14 CONFLICTSOF INTEREST...............................................................................................18 SECURITY OF CONFIDENTIAL INFORMATION........................................................18 DEFAULTS AND REMEDIES .................................................... 19 ................................. AMENDMENTS....................................................................................................................19 RECORDKEEPING AND AUDITING........... 0006060 00 a a 8000440*968606 604008 8900tes gas gave@ so 2 0 DISPUTES..............................................................................................................................21 AUDITREQUIREMENTS...................................................................................................20 DEBARMENT AND SUSPENSION....................................................................................20 DRUG -FREE WORK PLACE REQUIREMENTS............................................................20 LOBBYINGRESTRICTIONS.............................................................................................20 NONDISCRIMINATION REQUIREMENTS....................................................................21 MISCELLANEOUS.............................................................................................................232 OFFICIAL RECORD CITY SECRETARY FT. WORTH, Tx I Grant Agreement THIS GRANT AGREEMENT (Agreement) is made between the United States Department of Housing and Urban Development (HUD or Grantor) and the organization specified in block seven (7) of the attached Form HUD-1044 (Grantee). ARTICLE I -- GENERAL This Agreement is authorized by Section 106 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701x) (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: l . 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/offices/adm/grants/nofaO9/hepsec.pdf with an opening date of June 16, 2009; 6. HUD 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 HUD Handbook 7610.1 *a 8. Form HUD.1044, Assistance Award/Amendment; and 9. Grantee'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. 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 FY 2009 HC Grant 1 OFE'7�:I�,�. RECORD CITY SECRETARY FT. !NORTH, TX Grant Agreement 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. Be 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 in 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 (GTM) — 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 (B)(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-1044. 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 counseling services. As used in this Agreement, the term Intermediary refers to any of the following entities: p FY 2009 HC Grant 2 OFFICIAL R.ECURD CITY SECRETARY Grant Agreement FT. WORTH, TX (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 (MS()) 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 (13)(2) of this Agreement. O. 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 HC Grant OFFICI�►L RECORD CITY 5CCRETARY FT.IIVORTH, TX 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. Housin 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 HC Grant OFFICIAL RECORD CITY SECRETARY ; 4 FT. WORTH, Prant Agreement g 2. Provision of Services. See 24 CFR Part 214, and 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: FY 2009 HC Grant (i) Coordinate with HUD, mortgagees, and public and private community organizations that are also working with the Client in order to provide maximum service to the Client. (ii) Refer Clients, as appropriate, to other community service organizations. (iii) Provide housing counseling services on a priority basis to low and moderate income Clients. (iv) Contact and work with the appropriate mortgagee and HUD Office to assist Clients who are (i) in default on their monthly mortgage payments, (ii) being considered under the Loss Mitigation Program, or (iii) in financial difficulty or in default under a forbearance agreement. (v) Provide specialized counseling on shared housing or referrals to organizations providing such counseling and information on available housing for sharing. (vi) Provide counseling offices and services that are accessible to persons with a wide range of disabilities. 5 i�FFICI�►L REG CITY SECRETARY F3: WORTH, 7X C. MI) 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 or Sub -grantee, for assistance but whom Grantee, or Sub - grantee, is unable to serve. 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 Housing Counseling Agencies and toll free hotline. Contact in Sub -grantees, where applicable, that directly provide services, shall be maintained on HUD's list of housing counseling agencies and toll -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. formation for Grantee, funded Branches, and 3. Housing Counseling System. Grantee and Sub -grantees, 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. Intermediary MSO and SHFA Functions 1. 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 HC Grant 5 OFFICIAL RECORD CITY SECRETARY grant Agreement FT. WORTH, TX 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. 2. Sub -grants 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(f)(2), and OMB Circular A433, §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(c)(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 LHCA 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 OFFICIAL RECORD CITY SECRETARY Grant Agreement FT. WORTH, TX 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 Applicable to Sub -grants by Grantees. This paragraph only applies to a Grantee which provides funding to Sub -grantees or Branches. 1. Eligible Sub-5&ant sBranches. 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 -approved, 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 Composition of Sub -grantees and 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- antees. 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 OI=FIClA� RECOR® CITY SECRETARY FT. WORTH, TX Grant Agreement C. 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 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 2. 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)(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 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. 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. 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. 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 FY 2009 IC Grant 9 OFFICIAL RECORQ.ant Agreement CITY SECRETARY FT WORTH, TX 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 $61.140 ARTICLE VI -- ADMINISTRATIVE REQUIREMENTS A. An agreement with anon -profit organization, institution of higher education, or hospital shall be subject to the following administrative requirements as they may be amended: 1. 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 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. FY 2009 HC Grant to I OFFICIAL RECORD CITY SECRETARY Agreement FT. WORTH, TX 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 performance, or any other provisions of this Agreement. The GTR may designate a GTM to assist with grant management and the GTR shall notify Grantee in writing of the appointment of any GTM. ARTICLE IX —PRICE A. Maximum Grant Amount. Grantee shall be paid according to the terms of this Agreement for all work required, performed, and accepted under the Agreement in an amount not to exceed the amount shown in block fourteen (14) of the attached Form HUD4044 (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 HUD.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 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) provisions of this Agreement, and FY 2009 HC Grant OFFICIAL RECORD CITY SECRETAI�� T. Agreement WORTH, TX (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 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 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 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 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. OFFICIAL RECORD' CITY SECRETARY FT. WORTH, TX FY 2009 HC Grant 12 ARTICLE X -- PAYMENT REQUESTS A. General Payment Procedures. The forms referred to in this paragraph are available from HUD's website at http://www.hud.gov/offices/adm/hudclips/index.cfinunder 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 S174199A, Direct Deposit Sign -Up Form. Grantee must submit the SF- 1199A 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 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. 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, LOCCS/VRS Request Voucher for Grant Payment, utilizing the Voice Response System/Line of Credit Control System (VRS/LOCCS), 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. FY 2009 HC Grant 13 OFFICIAL RECORD CITY SECRETARY FTO�e��t 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 Coniunction with Ouarterly 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 (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 GTM will verify submission through HCS. 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 OFFICIAL RECORD Ct� Y�'r►��g��RY � FT. WORTH, TX I. Funds Recapture. HUD may recapture any unspent funds. Grantees are required to cooperate with recapture requests, including any paperwork requests. HUD may utilize recaptured funds in subsequent Housing Counseling NOFAs or in other ways authorized by the Program's appropriation. Recaptured funds will be awarded on a competitive basis. ARTICLE XI —REPORTING A. QuarterlyPerformance Resorts — LHCAs and SHFAs that do not issue sub -grants under their award. A performance report is due to the GTR or GTM 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, address, and grant number as they appear on the grant document; 2. Start and end dates of the report period; 3. Hourly rate. Identify each counselor or other employee, 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 E CITY �I~CF�1�T�RY FT. VNORTH, TX 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 HUD-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. Quarterly Performance Reports —Intermediaries SHFAs and MSOs that issue sub- ants 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 o£ (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. Bum. 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, and equipment, for each quarter and cumulative; 3. Federal Financial Report. Complete and submit the form SF 425, summarizing financial data for each quarter. See attached form and instructions. FY 2009 HC Grant 16 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ; Grant Agreement 4. Billing Methodology. 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, Forth HUD-96010. 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 Resort — LHCAs SHFAs and agencies that do not issue grants under 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 GTR/GTM. 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 Resort — 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 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 FY 2009 HC Grant 17 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Grant Agreement the same format as the mid-term report but cover all activity under the grant: For the final report, submit the final logic model form electronically via e-mail to the assigned GTR/GTM. 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 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. Grantee must also submit the SF 425, Federal Financial Report form with the final report The GTR or GTM will process the final voucher only upon receipt of an acceptable final report. E. Mid -Term and Final Report —Intermediaries State Housing Finance Agencies, 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 GTR/GTM. 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 GTM 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. 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. FY 2009 HC Grant m OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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 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(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 [OFFICIAL RECORD FY 2009 HC Grant 19 CITY SECRETARY Grant Agreement FTT, WORTH, TX corrective action by Grantee, (3) the date by which the corrective 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 maybe 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 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 21403153 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 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX , Grant Agreement 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 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. Be False 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, REV41 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 adrug-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 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Grant Agreement 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 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. Co 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 HC Grant 22 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Grant Agreement l . Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d-2000d4) 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 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: l . 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. ARTICLE XXIII —MISCELLANEOUS FY 2009 HC Grant 23 OFFICIAl. RECORD CITY SECRETARY FTo WORTH, TX Grant Agreement 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; I 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 HUD'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. OFFICIAL RECORD CITY SECRETARY T. WORTH, TX FY 2009 HC Grant 24 Grant Agreement M&C Review Page 1 of 2 OffPcial site of the City of For Worth, Iexas DATE: 6/23/2009 REFERENCE NO.: C-23617 LOG NAME: 17CHC2009 CODE: C TYPE: NON -CONSENT PUBLIC NO HEARING. SUBJECT: Authorize Application for and Acceptance of a Grant up to $250,000.00 from the United States Department of Housing and Urban Development for Housing Counseling Services, Approve and Accept Private Donations Up to $15,000.00, Authorize Interfund Loan in the Amount of $30,000.00 and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to apply for and accept, if awarded, a grant up to $250,000.00 from the United States Department of Housing and Urban Development for the City's housing counseling services; 2. Certify that the activities to be funded with the United States Department of Housing and Urban Development's Housing Counseling Grant are consistent with the City's Consolidated Plan; 3. Authorize the City Manager to accept private donations up to $15,000.00 to further support the City's housing counseling program; 4. Authorize anon -interest bearing interfund loan from the General Fund to the Grants Fund in the amount of $30,000.00 for interim financing of this grant program pending contract execution; and 5. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations in the Grants Fund up to $250,000.00 and in the Special Trust Fund up to $15,000.00. DISCUSSION: The United States Department of Housing and Urban Development (HUD) is issuing a competitive Notice of Fund Availability for its Housing Counseling Grant Program. The Housing and Economic Development Department desires to apply for up to $250,000.00. The maximum amount available last year under this HUD grant program was $180,000.00. The Housing and Economic Development Department was initially certified by HUD as a Local Housing Counseling Agency on December 19, 1997. The certification is effective through August 2009, and will be renewed prior to its expiration. The Housing and Economic Development Department is competing for this HUD grant to continue support for the City's housing counseling services available to residents of Fort Worth and the surrounding areas. This program includes homeownership training in a classroom setting as well as one-on-one counseling sessions on topics such as budgeting, credit repair, how to shop for a mortgage loan, how to select a home, caring for and maintaining a home following purchase, reverse mortgages, financing, foreclosure prevention and education on avoiding predatory lending practices. In Fiscal Year 2007-2008, the City's housing counseling program served a total of 1,614 clients. It is complementary and supportive of the City's down payment and closing cost assistance program which helped 86 first-time homebuyers purchase homes and Housing Trust Fund homeowners seeking home repair loans. It also provides the required housing counseling and education components required of participants in the Fort Worth Housing Authority's (FWHA) Housing Choice Voucher Homeownership http:Happs.cfwnet.org/council.packet/mc—review.asp?ID=l 1929&councildate=6/23/2009 12/16/2009 M&C Review Page 2 of 2 Program. The City has a contract with FWHA to provide this service. The Housing and Economic Development Department also partners with the Community Relations Department in providing information on predatory lending practices to approximately 1,000 clients each year. It also collaborates with local housing counseling services, particularly first-time homebuyers, low-income households, minorities, persons with disabilities, homeless persons in transitional housing programs and other underserved populations. The Housing and Economic Development Department has successfully competed for the HUD grant over the past several years, receiving $59,769.49 last year and $57,065.48 for the current year. To leverage the HUD grant, the Housing and Economic Development Department has also received contributions and grants from lenders and other private donors for outreach and training activities. Last year, these donations amounted to $7,541.00. The Housing and Economic Development Department plans to intensify efforts to increase that amount in the coming year. No match is required. The housing counseling program is available in ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations, and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Grants Fund and Special Trust Fund. Upon execution of the grant contract, interim funding will be returned to the General Fund, TO Fund/Account/Centers FE72 488100 005539000000 FE72 539120 005539000000 3R76 220001 000206382000 3R76 451727 017206382000 GR76 5 (VARIOUS) 017206382010 $15,000.00 $15,000.00 $30,000.00 $250,000,00 $250,000.00 Submitted for City Manager's Office b� Originating Department Head: Additiional Information Contact: ATTACHMENTS 17CHC2009 A4.doc FROM Fund/Account/Centers GG01 136076 0000000 $30,000,00 Thomas Higgins (6140) Jay Chapa (6192) Karen Meunier (8091) Benedict George (7339) http://apps.cfwnet.org/council�acket/mc review.asp?ID=11929&councildate=6/23/2009 12/16/2009