Loading...
HomeMy WebLinkAboutResolutions - 2010.08.04 - 10031ING AND BUILDING COMMITTEE MISCELLANEOUS RESOLUTION #10187 August 4, 2010 BY: PLANNING AND BUILDING COMMITTEE, JOHN SCOTT, CHAIRPERSON IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS — COMMUNITY & HOME IMPROVEMENT DIVISION — FY 2010 MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY HOMEOWNERSHIP COUNSELING PROGRAM AGREEMENT FOR COUNSELING SERVICES — ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies, and Gentlemen: WHEREAS the Michigan State Housing Development Authority (MSHDA) administers a Homeownership Counseling Program which is a network of counselors who provide counseling on foreclosure prevention, budgeting, credit repair, homeownership and related matters; and WHEREAS the Authority seeks the services of the Oakland County Community & Home Improvement Division's Housing Counseling and Homeless Services Unit to perform group and/or individualized homebuyer education, mortgage delinquency & default, and other housing counseling for Oakland County families; and WHEREAS housing counseling services shall be performed in accordance with adopted National Industry Standards for Homeownership Education and Counseling; and WHEREAS the Authority shall pay the Oakland County Community & Home Improvement Division for various billable units of housing counseling service as defined by MSHDA in Exhibit I of the contract; and WHEREAS the terms of the agreement shall cover work performed by the Community & Home Improvement Division during the period of time beginning August 1, 2010 through September 30, 2010 and thereafter through automatic successive one year term contract extensions ending September 30, 2014; and WHEREAS the Division estimates providing 560 billable units of counseling services averaging $150 per household totaling $84,000 annually; and WHEREAS the Division shall use the revenue to supplement federal Community Development Block Grant and Housing Counseling Grant funds allocated for housing counselor salaries; and WHEREAS this agreement has been reviewed and approved through the County Executive's Grant Acceptance Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the FY 2010 Michigan State Housing Development Authority Homeownership Counseling Program Agreement totaling approximately $84,000 for providing approximately 560 billable units of group and/or individualized homebuyer education, foreclosure prevention or other eligible counseling services annually for Oakland County families. BE IT FURTHER RESOLVED that housing counseling services will be performed in accordance with National Industry Standards for Homeownership Education and Counseling; and BE IT FURTHER RESOLVED that the acceptance of this contract does not obligate the County to any future commitment. Chairperson, on behalf of the Planning and B414ernommittee, I move the adoption of the foregoing resolution. PLANNING & BUILDING COMMITTEE VOTE: Motion carried unanimously on a roll call vote. FISCAL NOTE 10187 BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS - COMMUNITY & HOME IMPROVEMENT DIVISION - FY 2010 MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY HOMEOWNERSHIP COUNSELING PROGRAM AGREEMENT FOR COUNSELING SERVICES - 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 Michigan State Housing Development Authority (MSHDA) is seeking the services of the Oakland County Community & Home Improvement (CH&I) Division's Housing Counseling and Homeless Services Unit to perform group and/or individualized homebuyer education, mortgage delinquency and default, and other housing counseling for Oakland County families. 2. The resolution accepts the FY 2010 MSHDA Homeownership Counseling Program Agreement totaling $84,000 to provide approximately 560 billable units of group and/or individualized homebuyer education, foreclosure prevention or other eligible counseling services annually. 3. The Division will use the contract revenue to supplement federal Community Development Block Grant and Housing Counseling Grant funds allocated for housing counselor salaries. 4. Terms of the agreement will cover work performed by the Community & Home Improvement Division beginning August 1, 2010 through September 30, 2010 and thereafter through automatic successive one-year term contract extensions ending September 30, 2014. 5. No County match is required for this contract. 6. The FY 2010 Special Revenue Fund Budgets for the MSHDA Counseling Grant and the Community Development Block Grant are amended as follows: MSHDA Counseling Grant Revenue 29725-1090680-132210-615571 State Operating Grants $ 84,000 Expenditure 29725-1090680-132210-702240 Salary Adjustments 29725-1090680-132210-722900 Fringe Benefit Adjust. August 4, 2010 $53,333 30,667 $84,000 Community Development Block Grant Revenue 29701-1090680-132210-610313 Expenditure 29701 -1090680-1 3221 0-702240 29701-1090680-132210-722900 Federal Operating Grants ($84,000) Salary Adjustments ($53,333) Fringe Benefit Adjust. (30,667) ($84,000) 7. Amendments for the grants for FY 2011-2013 will be recommended with the budget process. E COMAITE#n titc7Ct,-/-eZ 7fal-4 FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Coulter absent. Page 1 of 2 Nancy Wenzel From: Piir, Gaia [piirg@oakgov.comj Sent: Wednesday, July 21, 2010 2:20 PM To: 'Rieth, Karry'; 'Lambert, Gordon'; 'Keller, Wayne'; Williams, Kathy; 'Sonkiss, Lynn' Subject: Grant Sign Off: Community & Home improvement Division - MSHDA's Homeownership Counseling Program Agreement for Counseling Services - Contract Acceptance GRANT REVIEW SIGN OFF — Community & Home Improvement Division GRANT NAME: MSHDA's Homeownership Counseling Program Agreement for Counseling Services FUNDING AGENCY: Michigan State Housing Development Authority (MSHDA) DEPARTMENT CONTACT PERSON: Karry Rieth 248 858-5403 STATUS: Contract Acceptance DATE: July 21, 2010 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 (7/12/2010) Department of Human Resources: This is approved on behalf on Cathy Shallal. — Lori Motyka (7/21/2010) Risk Management and Safety: Approved by Risk Management. — Andrea Plotkowski (7/15/2010) Corporation Counsel: There are no outstanding legal issues concerning the above grant agreement. — Joel len Shortley Blaszczak (7/19/2010) COMPLIANCE The grant contract references a number of specific federal and state regulations. Below is a list of these specifically cited compliance related documents for this grant. Michigan — Freedom of Information Act 442 of 1976 (MCL 15.231) http://www.ieil-islature.1113.gov/(S(mxubm5flvb5ubaylcp3x0ef1))/m i leg.aspx? page=getOhjectLobj cetN e—n1 c I- I 5-231 Federal Freedom of Information Act http://www.rc Fp.org,/fogg/index.php?i=statutes Federal Privacy Act http://www.rcfp.org/fogglindex.php?i=statutes Michigan Persons with Disabilities Civil Rights Act — "Act 220 of 1976" http://wvvw.le2islature.m i.gov/(uq31xgeltmrj5455z2uiwv45)/m ileg.aspx?page=getobject&objectname=mcl-Act-220-of- 7/11/2010 CONTRACT NO. MII-2008-385 MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY MSHDA's HOMEOWNERSHIP COUNSELING PROGRAM AGREEMENT FOR COUNSELING SERVICES THIS AGREEMENT, made and entered into as of the 1 st day of August 2010, by and between the MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY (MSHDA), a public body corporate and politic of the State of Michigan (the "Authority"), whose address is 735 E. Michigan Avenue, Lansing, Michigan 48909 and Oakland County through its Community and Home Improvement Division -Housing Counseling and Homeless Services Unit (the "Contractor"), whose address is Oakland Pointe, Suite 1900, 250 Elizabeth Lake Road, Pontiac, MI 48341-0414. RECITALS: A. The Authority administers MSHDA's Homeownership Counseling Program, which is a network of counselors who (a) provide counseling on budgeting, credit repair, homeownership and related matters in accordance with guidelines and requirements established by the Authority and (b) satisfy standards for counselors established by the Authority. B. The Authority seeks the services of the Contractor to provide the services described in Exhibit I of this Agreement, subject to the terms and conditions of this Agreement. C. The Contractor agrees to provide the services in consideration for payment as set forth in this Agreement. THEREFORE, inconsideration of the mutual covenants and promises set forth in this Agreement, the Authority and Contractor agree as follows: ARTICLE I. INCORPORATION OF RECITALS:, INTERPRETATION Section 1.1 Incorporation of Recitals. The Recitals to the Agreement are, by this reference, incorporated into and deemed a part of this Agreement. Section 1.2 Rules of Construction. The rules of construction set forth in this Section 1.2 shall apply to this Agreement: a. Exhibits. Any and all Exhibits cited or referenced in this Agreement or attached to this Agreement are part of this Agreement. b. Titles and Headings. Titles and headings are inserted in this Agreement for reference purposes only and will not be used to interpret this Agreement. MHCP Agreement 2008-09 3/08 Page 1 of16 c. Articles. All references in this Agreement to "Articles," "Sections" and other subdivisions are to the corresponding Articles, Sections or other subdivisions of this Agreement; the words "in this Agreement," "of this Agreement," "under this Agreement" and other words of similar import refer to this Agreement as a whole and not to any particular Article, Section or subdivision of this Agreement. d. "Including." Whenever the term "includes" or "including" is used in this Agreement, such terms mean, "includes or including by way of example and not limitation." ARTICLE IL TERM OF AGREEMENT Section 2.1 Term of Agreement. The terms of this initial Agreement shall cover work performed by the Contractor during the period of time beginning August 1, 2010 and ending September 30, 2010. This Agreement may be terminated prior to September 30, 2014 in the manner described in Section 2.2. At the end of the initial Agreement term (September 30, 2010), this Agreement will be automatically extended for successive one (1) year terms for the next three years ending September 30, 2014 unless terminated pursuant to Section 2.2 of this Agreement. This Agreement shall not be automatically extended if the Authority has suspended the Contractor or has given notice to the Contractor pursuant to Section 2.2 of this Agreement. The Authority has the right to request all or partial Partner Profile applications to be resubmitted by the Contractor at any time during this Agreement. Section 2.2 Termination. Each party may terminate this Agreement at any time by providing thirty (30) days advance written notice prior to the date of termination. Notice shall be given in the manner described in Section 11.1. The Contractor shall be compensated for services satisfactorily performed prior to the date of termination. Section 2.3 Suspension from MSHDA's Homeownership Counseling Program. If the Authority discovers evidence of (a) improper billing by the Contractor or (b) a failure by the Contractor to provide the services required under this Agreement, the Authority may, at its discretion, suspend the Contractor from the MSHDA's Homeownership Counseling Program. The Authority will inform the Contractor of the suspension in accordance with Section 11.1 below. The Authority will not pay the Contractor for any services rendered during the suspension period. If the Contractor is suspended, the Contractor will remain suspended until the earlier of (a) the Authority's sole determination that the problems leading to the suspension are not material or have been resolved to the satisfaction of the Authority, (b) the termination of this Agreement by the Authority, or (c) the expiration of this Agreement. MI-ICP Agreement 2008-09 3/08 Page 2 of 16 8 total hrs required Certain NSP services are billed to the Grantee NOT MSHDA's Counseling Program (Refer to NSP Policy) 4 hrs Group Homebuyer Education $50 per household X Reimbursement Rate $50 per household Check Counseling Service Homebuyer Education including Lender Referrals, Home Choice, HOME/CDBG Hrs of Counseling 6-8 hrs/Group 3-4 hrs/Individual 2-3 Lender Referral MSHDA Neighborhood Stabilization Program (NSP) Referrals $75 per hour 4 hrs Individual Up to two hours Based on client's individual needs .0 „cr ▪ to 11-1 RI C w Loan Document Review $50 per hour Financial Management (Including FSS & Key to Own Referrals) First 2 Sessions = $75 Next 2 Sessions = $75 Next 2 Sessions = $75 Last 2 Sessions = $100 X 2-3 hrs per session (12-16 hour series) Exhibit I MSHDA Homeownership Counseling Program Services and Reimbursement Fees Select housing counseling services your agency will provide for the 2009-10 FY. If you do not select a particular service you must indicate on your Partner Profile Question #3 who clients will be referred to for assistance. Service Description Must include: mortgage loans, the closing process, budgeting, savings, avoiding predatory lending and basic home maintenance. Must include: Fair Housing and Fair Lending laws, credit reports, ratios, mortgage loans and documents, the closing process, budgeting, savings, avoiding predatory lending, basic home maintenance, community resources. May also include debt reduction, home inspections and loan document review. Clients may receive a thorough review of specific loan documents, such as: Purchase Agreement, GFE, TIL, HUD-1; or may receive foreclosure prevention counseling as outlined in the Loan Document Review Guidelines. There are no income or family size eligibility requirements and these services are not based on the client receiving a MSHDA mortgage product. Pre-purchase counseling services: Client must be income and family size eligible and appear to be mortgage ready within 12 months. Client must be pursuing a MSHDA mortgage product in order for agencies to bill MSHDA for services. Exceptions are FSS and Key to Own client referrals. MSHDA will allow for agencies to bill for one (1) hour of Pre-purchase individual counseling services to determine a client's eligibility. Topics covered include: Mastering Money Management Skills, Developing a Spending Plan, Credit, Debt Reduction and Saving, Banking Basics, Consumer Protection, Insurance and improving credit ratios and Fair Housing. 6/10 Page 1 of 18 , Services are designed based on client's individual needs, addressing credit or debt issues in order to qualify for a MSHDA mortgage. Tr-merge credit report and Pre-Purchase/Credit 10 hrs maximum income verification is required. Agency X $75 per hour Repair Individual develops a budget and Client Action Plan (CAP). Agencies create a list of creditors and debts to be paid, and in some instances, negotiate with creditors for lesser amounts to settle an account(s). _ MSHDA borrowers only: Provide eligible Pre-Purchase Up to $750 for total X N/A clients with a list of home inspectors and Inspections Inspections coordinate reimbursement of services. MSHDA borrowers only: Includes: plumbing, In Home Maintenance 5 Sessions available 2-3 hrs electrical, furnace, landscaping, wall repair, Training $100 per session per session painting, structural, and energy star. May receive an additional 4 hrs of individual X Key to Own $75 per hour Up to 4 hrs counseling based on FSS/Key to Own Referral Form. Based on the selected services identified by agency counseling services may include: Mortgage Delinquency & Default, Fair Housing Assistance, Homebuyer Education, Services X for Homeless, Money/Debt Management, Pre- Designated HUD Referral $75 per hour 2 his maximum Purchase, Predatory Lending, Mobility and by Relocation, Home Equity Conversion MSHDA Mortgage, Home Improvement and Rehab, Loss Mitigation, Marketing & Outreach Initiatives, Post-Purchase and Renters , Assistance. MSHDA mortgagors only: Counselor does an assessment to determine if borrower has suffered a one-time crisis that has caused, or may cause, them to become delinquent in HELP (Home Emergency their mortgage payments. If yes, borrower X $75 per hour 10 his maximum Loan Program) may be eligible for a lifetime amount of $3,000 to bring the loan current. Develop a CAP, household budget, evaluate and determine if expenses can be stabilize, and collect information for the HELP loan application. 6/10 Page 2 of 16 Post-purchase counseling services: There are no income or family size eligibility requirements for these services. _ Agency must complete a client intake, obtain Intake Counseling and Release of Information and required $150 per household Education documentation: develop a basic budget and CAP. (Group or Individual) Client receives a basic understanding of foreclosure options/timelines. _ Services are designed to remedy client's mortgage delinquency situation_ Mortgage documents are reviewed, cause of mortgage Foreclosure Prevention X delinquency and determine amount delinquent Up to 4 hrs Individual (including late fees). Discuss possible loan $75 per hour Counseling via modifications determining which would be in the face-to-face or phone client's best interest. Counselor advocates on behalf of client with mortgage servicer for a workout plan and refers client to other eligible services. Single or Tr-Merge Credit Report with credit score is required. Level 1: 4 steps: Conduct intake, obtain < authorization, and develop budget and CAP 13 Level 2: 4 steps: Verify budget, obtain x co authorization, and outline solution steps in CAP 2 $150 Level 1 (document hardship letter, attempt to contact >, National Foreclosure xi Mitigation Counseling $300 Level 2 Intake/group or individual servicer, applications for refinance or rescue -o $450 Level 3 Based on client needs funds, assist when client elects to pursue sale is (NFMC) as options, close-out documentation. Single or Tri- c a) Merge Credit Report is required. - &I Level 3: Used when billing for Level 1 and Level a) o 2 services at one time. Single or Tr-Merge _ Credit Report is required. Level 4: Clients participating in "Making Home Level 4a: HAMP, maintain referral < Affordable Loan Modification Program." documentation, trial loan mod agreement or cr = counseling referral from servicer, collect signed co authorization, NFMC Privacy Policy doc, verify 2 >, National Foreclosure DTI, create/track budget and CAP, discuss terms .0 $300 Level 4a Intake/group or individual Mitigation Counseling of mortgage, make job training referrals and 73 a) (NFMC) established follow-up. 03 $150 Level 4b Based on client needs c Level 4b: Document DTI and borrower's ability 0) .- to maintain crisis budget and/or long term budget u) a) and progress. Determine borrower's payment o status on modified loan. 6/10 Page 3 of 16 ARTICLE III. SERVICES Section 3.1 Services Provided by Contractor. The Contractor shall, in a satisfactory and proper manner as determined by the Authority, perform the duties enumerated on the attached Exhibit 1. Section 3.2 Review of Performance. The Contractor's performance will be subject to review by Authority staff to ensure compliance with the terms of this Agreement. In the event the Contractor fails to perform services required under this Agreement or performs services hereunder in an improper manner, the Authority will notify the Contractor in writing of the specific deficiencies. If the deficiencies are not corrected to the sole satisfaction of the Authority within sixty (60) days after the date of the notice, the Authority may, in its sole discretion, terminate this Agreement in accordance with Section 11.1 of this Agreement. Section 3.3 Return of Equipment and Documents. Upon request of the Authority or upon termination, the Contractor will promptly return all work products, software, records, files, documents, correspondence, manuals, policy bulletins, seminar materials, and all other document, records and data, in written and electronic form, that are the property of the Authority. Any reports, data and data compilations, photos and any other media, materials, or other objects or works created or produced by the Contractor as a result of and in furtherance of performing the services described in Exhibit I, shall be deemed to be the property of the Authority. This Section3.3 shall not be read, construed or interpreted to require the Authority to provide the Contractor with materials, supplies or equipment. ARTICLE IV. COMPENSATION Section 4.1 Fees for Rendered Services. Subject to the terms of this Agreement, the Authority shall pay the Contractor the fees described in Exhibit 1. Section 4.2 Billing Process. Payments for services are performance based. Payment will be made upon submission of invoices in the format required by the Authority and must be submitted within 90 days of the date of service. The Contractor acknowledges that the Authority shall not pay any bill that the Contractor submits more than ninety (90) days after the date of service. Invoices must be submitted to the Authority and must include the following: a. Specific service(s) performed and the date of such services; and b. Information from the Completed Household Profile. Supporting documentation must also be submitted and may be delivered by fax, U.S. Mail, overnight delivery, or personal delivery. MHCP Agreement 2008-09 3/08 Page 3 of 16 The Authority may with hold payment if the Authority finds evidence of improper billing and/or failure to render services in accordance with the terms of this Agreement (collectively, "Improper Billing"). The Authority may also require the Contractor to repay any funds paid to the Contractor if those payments were made on the basis of Improper Billing. Improper Billing shall be deemed a material breech and is grounds for immediate termination of this Agreement. ARTICLE V. CONTRACTOR QUALIFICATIONS AND TRAINING Section 5.1 Contractor Qualification. The Contractor confirms that it possesses the knowledge and skills necessary to perform the Services. Section 5.2 Certified Counselors. a. Employment and Use of Certified Counselor by Contractor. To ensure that the services under this Agreement are adequately performed, the Contractor shall employ at least one Authority-certified counselor ("Certified Counselor") throughout the term of this Agreement. The Contractor shall have a Certified Counselor present during all counseling sessions described in Exhibit 1. b. Certificate Verifying Certified Counselor. Prior to or upon executing this Agreement, the Contractor shall provide to the Authority the names of all Certified Counselors employed by the Contractor by completing Exhibit II, which is the Certificate Verifying Certified Counselors .("Certificate"). The Authority and Contractor will evidence changes to the Certificate by handwriting, initialing and dating changes to the Certificate. c. Loss of Certified Counselor. The Contractor shall immediately notify the Authority if at least one Certified Counselor is not employed by the Contractor and available to provide services. The Contractor must have a Certified Counselor on staff or the Authority may remove the Contractor from MSHDA's Homeownership Counseling Program referral list. Section 5.3 Authority Approval of Certified Counselor and Staff Rendering Services. The Contractor further acknowledges and agrees that it's Certified Counselor(s) and staff may be subject to the evaluation and approval of the Authority, who shall retain the right to determine the sufficiency of the education, competence and experience of the Contractor's personnel assigned to perform the services identified in Exhibit I of this Agreement. MSHDA may terminate this Agreement, should MSHDA determine that Contractor's Certified Counselor(s) do not meet its approval. Section 5.4 Training. a. Training and Certification Provided by the Authority. The Authority shall provide training to the Contractor's employees who are or intend to become Certified Counselors. MHCP Agreement 2008-09 3/08 Page 4 of16 b. Training and Certification of Certified Counselors by the Authority. To become a Certified Counselor, an employee of the Contractor must attend and successfully complete the New Counselor Training sessions provided by the Authority. c. Annual Training for Certified Counselors. To remain certified, the Contractor's Certified Counselors must attend the annual training sessions provided by the Authority. If the Contractor has no Certified Counselors who attend the annual training sessions, the Authority may remove the Contractor from MSHDA's Homeownership Counseling Program. Section 5.5 Reimbursement by Authority. The Authority shall not reimburse the Contractor for the costs or expenses incurred in connection with training, workshops, seminars, supplies or equipment of any kind. Section 5.6 Notice Of Changes In Policies and Procedures. The Authority will confirm in writing any applicable changes to MSHDA's Homeownership Counseling Program, specifically modifications to policies and procedures that are adopted during the term of the Agreement. The Contractor shall implement the modified policies andprocedureswithin30days of the date of the notice or modification to policies and/or procedures unless notified of a different effective date. Authority staff shall be available to explain modified policies and procedures to the Contractor. ARTICLE VI. INDEMNIFICATION AND INSURANCE Section 6.1 General Indemnification. The Contractor agrees to take all necessary precautions to prevent injury to persons or property during the term of this Agreement. Each Party will remain responsible for any claims arising out of that Party's performance of this Agreement as provided by this Agreement or by law. This Agreement is not intended to increase or decrease either Party's liability for or immunity from tort claims. This Agreement is not intended nor will it be interpreted as giving either Party a right of indemnification, either by contract or law, for claims arising out of the performance of this Agreement. Section 6.2 Liability Insurance. The Contractor shall provide, at its own expense, appropriate self-insurance for the business in which it is engaged, which includes errors and omissions, general business liability, and worker's compensation self-insurance if required under state law. At the Authority's request, the Contractor shall deliver a Certificate of Self-Insurance to the Authority within ten (10) days of executing this Agreement. The Certificate shall indicate that the Self-Insurance will not be changed or terminated without at least thirty (30) days prior notice to the Authority Failure to maintain self-insurance coverage shall be deemed a material breach and grounds for immediate termination of this Agreement. MFICP Agreement 2008-09 3/08 Page 5 of 16 ARTICLE VII. RECORD KEEPING, PRIVACY, AND FREEDOM OF INFORMATION ACT Section 7.1 Record Keeping and Reporting. a. Records To Ensure Accounting of Costs. The Contractor shall maintain such records as are deemed necessary by the Authority to assure a proper account for all costs. Upon request these records will be made available for audit purposes to the Authority. Requested documentation shall be submitted to the Authority within 30 days of written request. Upon request records will also be made available for the Auditor General of the State of Michigan, or any authorized representative. All records must be retained for seven years after the expiration of the Agreement unless permission to destroy them is granted by both the Authority and the State of Michigan. If the Contractor leaves MSHDA's Homeownership Counseling Program, the Contractor shall return to the Authority all documents, papers, and other property of the Authority in accordance with Section 3.3 of this Agreement. b. Privacy and Freedom of Information Act. The Contractor will maintain all records of information on persons who are counseled in strict confidence and will ensure that the privacy of the Applicants and Families is maintained in accordance with applicable laws including the state Freedom of Information Act, the Federal Freedom of Information Act, and the Federal Privacy Act. The Contractor shall not accept on the Authority's behalf subpoenas, requests to produce documents, or requests for documents or information under the state Freedom of Information Act. The Contractor shall inform persons submitting such requests that that the Contractor is not authorized to accept or process such documents on behalf of the State of Michigan or the Authority. To the extent provided by law, the Contractor shall respond to requests to produce documents or information directed to the Contractor under the Michigan Freedom of Information Act, subpoena or court order. c. Reports to Authority. The Contractor will provide annual and quarterly reports, on a form to be provided by the Authority, detailing the number of MSliDA loans obtained by any client that received any counseling services, for which the Contractor billed the Authority during the period of this agreement ending September 30, 2014. The Contractor also agrees to provide any other reports that the Authority may request. The Contractor acknowledges that preparation of reports is within the scope of work and shall not entitle the Contractor to extra fees or compensation therefore. d. Availability of Records to Authority. Upon the written request of the Authority, the Contractor will furnish to the Authority any and all requested information or reports with respect to any and all matters relating to this Agreement. Section 7.2 Use of Information and Records. Neither the Contractor nor its agents or contractors shall use information or documents created or maintained in connection with this MHCP Agreement 2008-09 3/08 Page 6 of 16 agreement to further any private interest, other than as contemplated by this Agreement, without the prior consent of the Authority. Section 7.3 News Releases. News releases pertaining to this Agreement and the services provided under this Agreement will not be made without prior written Authority approval, and then only in accordance with the explicit written instructions from the Authority. No results of the Agreement or services provided under this Agreement are to be released without prior approval of the Authority and then only to persons designated. Section 7.4 Remedies for Breach of Confidentiality. The Contractor acknowledges that a breach of its confidentiality obligations under this Agreement shall be considered a material breach. ARTICLE VIII. ETHICS Section 8.1 Covenant Not to Discriminate. In accordance with Acts No. 220 and 453 of the Public Acts of 1976, as amended, the Contractor hereby agrees in connection with the performance of services under this Agreement not to discriminate against an employee or applicant for employment with respect to hire, tenure, terms, conditions, privileges of employment, or a matter directly or indirectly related to employment because of race, color, religion, national origin, age, sex, height, weight, marital status or handicap. Breach of this covenant shall be regarded as a material breach of this Agreement. The Contractor further agrees not to discriminate against any potential homebuyer or homeowner on the basis of religion, race, color, national origin, height, weight, age, sex, handicap, or familial or marital status. Section 8.2 Workplace Safety and Discrimination Harassment. In performing services for the Authority pursuant to this Agreement, the Contractor shall comply with Michigan Department of Civil Service Rules 2-20 regarding Workplace Safety and 1-8.3 regarding Discriminatory Harassment. In addition, the Contractor shall comply with Civil Service Regulations governing-workplace safety and discriminatory harassment and any applicable state agency rules on these matters that the agency provides to the Contractor. The Michigan Department of Civil Service Rules and Regulations can be found on the Department of Civil Service website at www.state.mi.us/mdes/Regindx. Section 8.3 No Gifts. The Contractor has not provided any gifts, payments or other inducements to any officer, employee or agent of the Authority. Section 8.4 Conflicts of Interest. Employees and agents of the Contractor employed in its Community and Home Improvement Division will have a conflict of interest if the Contractor or its agents, or employees receive fees for both (a) the sale of a particular home and (b) the counseling of a purchaser of the same home. The following examples are provided to illustrate conflicts under this Agreement: MI-ICP Agreement 2008-09 3/08 Page 7 of 16 a. Contractor receives a counseling fee for counseling the purchaser of a home and an employee of the Contractor receives a brokerage fee for the sale of the same home: Conflict. b. Contractor receives a counseling fee for counseling a purchaser of a home and the Contractor's agent, retained by the Contractor to provide counseling services, receives a brokerage fee for the sale of the same home: Conflict. c. Contractor receives a counseling fee for counseling the purchase of a home and the Contractor's agent, retained by the Contractor to provide consulting services with no connection to homeownership counseling, receives a brokerage fee for the sale of another home: No Conflict. Prior to the counseling of a purchaser, the Contractor shall confirm with its employee or agent providing the counseling that the employee will not receive a brokerage fee for the sale of the house. The Contractor shall inform the Authority of any conflicts that may arise involving the Contractor or its Employee. If the Contractor and Authority disagree on whether a particular situation is a conflict, the opinion of the Authority shall control. Section 8.5 List of Potential Conflicts of Interest. Prior to execution of this Agreement, the Contractor shall provide the Authority a written list of all interests of the Contractor, employees or agents in its Community and Home Improvement Division — Housing Counseling and Homeless Services Unit, which may create conflicts between the interests of those parties and the interests of the Authority under this Agreement. The Contractor acknowledges that its employees, members, shareholders, agents, or independent contractors of its Community and Home Improvement Division — Housing Counseling and Homeless Services Unit, prior to or during the term of this Agreement are not employees of the State of Michigan or its units. Should a conflict of interest arise during the term of this Agreement, the Contractor shall contact the Authority's Director of Legal Affairs immediately and describe in detail the conflict of interest. Section 8.6 Unfair Labor Practices. Pursuant to 1980 Public Act 278, as amended, MCL 423,321, et seq, the Authority shall not award a contract or subcontract to an employer whose name appears in the Register (of employers failing to correct an unfair labor practice compiled pursuant to section2 of the Act). A contractor of the Authority, in relation to a contract, shall not enter into a contract with a subcontractor, manufacturer, or supplier whose name appears in this Register. Pursuant to section 4 of 1980 Public Act 278, MCL 423.324, the Authority may void any contract, including this Agreement, if, subsequent to award of a contract, the name of the Contractor as an employer, or the name of the subcontractor, manufacturer or supplier of the Contractor appears in the Register. ARTICLE IX. LEGAL MATTERS Section 9.1 Notice of Convictions and Criminal Investigations. Prior to the execution of this Agreement, the Contractor shall notify the Authority if its Community and Home Improvement Division --, or the current full time employees and agents of its Community and Home MHCP Agreement 2008-09 3/08 Page 8 of 16 Improvement Division — Housing Counseling and Homeless Services Unit, have ever been convicted of a felony, or any crime involving moral turpitude, including, but not limited to fraud, misappropriation or deception. Contractor shall promptly notify the Authority of any criminal litigation, investigations or proceeding which arise involving the Community and Home Improvement Division. Section 9.2 Notice of Civil Claims. The Contractor shall notify the Authority of any civil litigation, arbitration, proceeding, or judgments that may have arisen against its Community and Home Improvement Division or any civil, arbitration, proceeding or judgment it received notice on for the subcontractors used by its Community and Home Improvement Division during the five years proceeding its bid proposal, or which may occur during the term of this Agreement or three years thereafter, which involve (1) products or services similar to those provided to the Authority under this Agreement and which either involve a claim in excess of $50,000 or which otherwise may affect the viability or financial stability of the Contractor, or (2) a claim or written allegation of fraud by the Contractor's Community and Home Improvement Division or any subcontractor hereunder, arising out of their business activities, including this Agreement, or (3) a claim or written allegation that the Contractor's Community and Home Improvement Division or any subcontractor hereunder violated any federal, state or local statute, regulation or ordinance. Multiple lawsuits and or judgments against the Contractor's Community and Home Improvement Division or any subcontractor of that Division, in any an amount less than $50,000 shall be disclosed to the Authority to the extent they affect the financial solvency and integrity of the Contractor or subcontractor. Section 9.3 Notice Requirements for Criminal and Civil Claims. All notices under Subsection I and 2 herein shall be provided in writing to the Authority within fifteen business days after the Contractor learns about any such criminal or civil investigations and within fifteen days after the commencement of any proceeding, litigation, or arbitration, as otherwise applicable. Details of settlements that are prevented from disclosure by the terms of the settlement shall be annotated as such. Semi-annually, during the term of the Agreement, and thereafter for three years, Contractor shall certify that it is in compliance with this Section. Contractor may rely on similar good faith certifications of its subcontractors, which certifications shall be available for inspection at the option of the Authority. Section 9.4 Assurances. In the event that such investigation, litigation, arbitration or other proceedings disclosed to the Authority pursuant to this Section, or of which the Authority otherwise becomes aware, during the term of this Agreement, causes the Authority to be reasonably concerned about: a. the ability of the Contractor or its subcontractor to continue to perform this Agreement in accordance with its terms and conditions, or b. whether the Contractor's Community and Home Improvement Divisions or the Division's subcontractor in performing the Services is engaged in conduct which is similar in nature to conduct alleged in such investigation, litigation, arbitration or other proceedings, which conduct would constitute a breach of this Agreement or violation of Michigan or Federal law, regulation or public policy, then: MHCP Agreement 2008-09 3/08 Page 9 of16 the Contractor shall be required to provide the Authority all reasonable assurances requested by the Authority to demonstrate that: (a) the Contractor or its subcontractors hereunder will be able to continue to perform this Agreement in accordance with its terms and conditions, (b) the Contractor or the subcontractors of its Community and Home Improvement Division will not engage in conduct that is similar in nature to the conduct alleged in any such litigation, arbitration or other proceedings while performing Services under this Agreement. Section 9.5 Failure to Comply with Sections 9.1 through 9.4. The Contractor's failure to fully and timely comply with the terms of Section 9.1 through 9.5 and subsections thereof, including providing reasonable assurances satisfactory to the Authority, may, at the Authority's sole option, constitute a material breach of this Agreement. ARTICLE X. INDEPENDENT CONTRACTOR RELATIONSHIP Section 10. Independent Contractor Status. The Authority shall retain the Contractor as an independent contractor, and the Contractor hereby accepts such independent contractor relationship, upon the terms and conditions set forth in this Agreement. Nothing in this Agreement shall be construed to create the relationship of employer and employee between the Authority and the Contractor or any of its employees or agents. The Contractor, its employees and agents, shall be deemed at all times and for all purposes to be independent contractors. The Contractor acknowledges and agrees that all payments by the Authority to the Contractor shall be made without deduction for federal, state or local income taxes, social security taxes and similar items and that the Contractor shall be solely responsible to report income under this Agreement to the Internal Revenue Service and other appropriate taxing authorities and to pay such taxes (including, without limitation, being solely responsible to make periodic estimated payments of such taxes in accordance with applicable law). ARTICLE XL MISCELLANEOUS PROVISIONS Section 11.1 Notices. All notices required by this Agreement concerning the Contractor's suspension, termination or resignation will be in writing and shall be deemed given (i) when delivered by hand (including courier) or when such delivery is refused, (ii) when delivered by registered or certified mail (return receipt requested) or when such delivery is refused, or (iii) when delivered by a nationally recognized overnight delivery service which maintains records of time, place, and recipient of delivery, in each case to the parties at the following addresses or to other addresses as may be furnished in writing by one party to the other in accordance herewith: Authority: Division of Homeownership, Homeownership Counseling Program MHCP Agreement 2008-09 3/08 Page 10 of 16 Michigan State Housing Development Authority 735 E. Michigan Avenue, P.O. Box 30044 Lansing, MI 48909 Contractor: Oakland County Community and Home Improvement Division -Housing Counseling and Homeless Services Unit Oakland Pointe, Suite 1900, 250 Elizabeth Lake Road Pontiac, MI 48341-0414 All other notices, consents, or communications required by or concerning this Agreement, exclusive of those concerning the Contractor's termination or resignation, or non-renewal of this Agreement, will be in writing and shall be deemed given when sent via U. S. Mail, Courier, Commercial Delivery Service, Facsimile or Electronic Mail. To the extent that the Authority requires communication by Electronic Mail, the Contractor will comply with that requirement. Section 11.2 Partial Invalidity. Whenever possible, each provision of this Agreement shall be interpreted in such a way as to be effective and valid under applicable law, it shall be ineffective only to the extent of such provision or invalidity, without invalidating the remainder of such provision or the remaining provisions of this agreement. Section 11.3 Successors and Assigns; Parties in Interest. This agreement shall be binding on and inure to the benefit of the parties to it and their successors. The obligations, interests and responsibilities of the Contractor under this Agreement shall not be assigned without the prior written consent of the Authority. Assignments of the obligations and responsibilities of the Contractor without the prior written consent of the Authority shall be a material breach of this Agreement. Section 11.4 Remedies Cumulative. The remedies provided in this agreement shall be cumulative, and the assertion by any party of any right or remedy shall not preclude the assertion by such party of any other rights or the seeking of any other remedies. Section 11.5 Governing Law. This Agreement will be construed in accordance with and governed by the laws of the State of Michigan exclusive of its conflict of laws principles. Section 11.6 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original, and such counterparts shall together constitute but one and the same instrument. Section 11.7 Amendments and Extensions. This Agreement may be amended, extended, or reinstated prior or subsequent to its termination by a written agreement executed by the Contractor and the Authority. Section 11.8 Entire Agreement. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES TO IT AND SUPERCEDES ANY PRIOR MHCP Agreement 2008-09 3/08 Page 11 of16 UNDERSTANDING OR AGREEMENTS WITH RESPECT TO CONTRACTING FOR THE CONTRACTOR'S SERVICES. THIS AGREEMENT MAY BE AMENDED ONLY BY A WRITTEN INSTRUMENT EXECUTED BY ALL PARTIES TO IT. IN WITNESS WHEREOF, the Authority and the Contractor have executed this Agreement as of the date first above written. MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY Date: By: Jody L. Mercer Its: Program 8z Business Development Manager Division of Horneownership Oakland County Date: By: L. Brooks Patterson, County Executive By: Bill Bullard, Jr., Chairman, Board of Commissioners Federal Employer Identification Number 2010 -240 Agreementfinal.doc MHCP Agreement 2008-09 3/08 Page 12 of 16 Authorized Agency Representative Title Yrs of program management experience. Date Completed Average counselor hourly rate of pay - required information Agency Name Federal ID Number EXHIBIT II - VERIFICATION OF MSHDA-Certified COUNSELORS OF THE CONTRACTOR Please complete all information for each MSHDA-Certified Counselor, add additional pages if necessary. Acknowledgement I certify in accordance with Articles 5 and 8 of the Agreement, as the person authorized to sign for our agency, that the listed Certified Counselor(s) are currently employed by: MSHDA Certified Counselor Name: Title: Email Address: Agency Business Phone: Within the past 2 Yrs only list training, provided Within the past 2 yrs only list name of Bilingual: Language(s): o a 'E. Z i by, date attended: certification, received from, date received: 0 = III Yes 2g ,-113; , l.'s?. 1. Years of Exp: 3 ,,,, o 0_ 1. • No >, 0 1 2 03 co L.Li X V c 1-/-; Years of Exp: CD t p ,- 48 LU 0 la w 2. 2. a) In E >- ? e E c i.) 3. 3. ) , MSHDA Certified Counselor Name: Title: Email Address: Agency Business Phone: Within the past 2 yrs only list training, provided Within the past 2 yrs only list name of e Bilingual: Language(s): .. 3 -E. -o ci by, date attended: certification, received from, date received: 0 cl) • Yes Years of Exp: i 2 2, 1.0)1'. 0) 1. 1. • No , i.) x Q. "a E x ce 0 0) al Years of Exp: co u.i , E c cn 2. 2, .2, u, "6 e 6- 0 . '5 (i) 3. 3. g >- o_ ›- w ' MSHDA Certified Counselor Name: Title: Email Address: Agency Business Phone: _ Within the past 2 yrs only list training, provided Within the past 2 yrs only list name of a) Bilingual: Language(s): ›-, '" 0 Y E Q- .... ell cn g, 76 by, date attended: certification, received from, date received: • Yes Years of Exp: 2 4 I-IJ 0 g = 173 ) - C r I 5 2 I 1 5 0 ) - ' . in -2 -e- '13 0 1 . 1. • No a) Years of Exp: ›. 6- - E ..- 0) >- 0 2 a.) To ›- >,_ a. cT, 2 2. 2. 3 cc . --- - 3. 3. , 6/10 Page 1 of 16 Resolution #10187 August 4, 2010 Moved by Middleton supported by Jackson the resolutions (with fiscal notes attached) on the Consent Agenda be adopted. AYES: Coleman, Coulter, Douglas, Gershenson, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns. (22) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted. 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 August 04,2010, 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 4th day of August, 2010. I NM APPROVE ME FORESOME RIM f/7 //p eat Ruth Johnson. County Clerk