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HomeMy WebLinkAboutResolutions - 2013.07.17 - 20904(MTQP '11 S27 \ RENA.< I `"--- • " July 10, 2013 BY: Human Resources Committee, John Scott, Chairperson IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS -L. COMMUNITY & HOME IMPROVEMENT DIVISION — MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY'S NATION MORTGAGE SETTLEMENT (NMS) GRANT FOR HOMEOWNERSHIP COUNSELING SERVICES - ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Human Resources Committee, having reviewed the above referenced resolution on July 10, 2013, reports with the recommendation the resolution be adopted, Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing report. HUMAN RESOURCES COMMITTEE Motion carried unanimously on a roll call vote. HUMAN RESOURaS COMMITTEE ING CO6IMITTEE PLANNING AND BUIL MISCELLANEOUS RESOLUTION # 13182 July 17, 2013 BY: PLANNING AND BUILDING COMMITTEE, JIM RUNESTAD, CHAIRPERSON IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS — COMMUNITY & HOME IMPROVEMENT DIVISION — MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY'S NATIONAL MORTGAGE SETTLEMENT (NMS) GRANT FOR HOMEOWNERSHIP COUNSELING SERVICES — ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies, and Gentlemen: WHEREAS funding for the Michigan State Housing Development Authority (MSHDA) Homeownership Counseling Program grant is available from the National Mortgage Settlement (NMS) with the five leading bank mortgage servicers which provides states, including Michigan, monetary sanctions and relief and mandates comprehensive reforms of mortgage loan servicing; and WHEREAS the MSHDA Homeownership Counseling Program is a statewide network of counseling agencies to provide counseling on foreclosure prevention, budgeting, credit repair, homeownership and related matters; and WHEREAS MSHDA has awarded $175,100 to the Community & Home Improvement Division's Housing Counseling and Homeless Services Unit as a MSHDA housing counseling agency to perform a full range of foreclosure related counseling and outreach 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 terms of the agreement shall cover foreclosure prevention counseling performed by the Community & Home Improvement Division during the period of time beginning January 1,2013 through December 31, 2014; and WHEREAS GFGP Position #10998, Community & Home Improvement Specialist (Housing Counselor) sunsets September 30, 2013 and the NMS Grant provides salary and fringe benefit funding to retain and transfer the housing counselor into an existing equivalent vacant SR Position #10806 — Community & Home Improvement Specialist for 15 months effective October 1, 2013 through December 31, 2014; 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 Michigan State Housing Development Authority's National Mortgage Settlement (NMS) Grant totaling $175,100 to retain a housing counselor and prevent a reduction in the Division's ability to deliver effective foreclosure counseling by funding SR Position #10806 — Community & Home Improvement Specialist for 15 months effective October 1,2013 through December 31, 2014 upon sunset of GFGP Position #10998. 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 Building Committee, I move the adoption of the foregoing resolution. PLANNING & BUILDING COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Gosselin absent. Karry Rieth 61111141ft. From: Sent: To: Subject: Attachments: West, Catherine <westca@oakgov.com > Tuesday, June 11, 2013 12:17 PM Rieth, Karty; 'Williams, Kathy': tinsleym@oakgov.com GRANT REVIEW SIGN OFF: Community & Home Improvement Division - 2013 Homeownership Counseling Program - National Mortgage Settlement (NMS) Fund - Grant Acceptance MSHDANatIMortSetImntHsgCounPrograMay2013Agrmnt.pdf GRANT REVIEVV SIGN OFF — Community & Home Improvement Division GRANT NAME: 2013 Homeownership Counseling Program — National Mortgage Settlement (NMS) Fund FUNDING AGENCY: Michigan State Housing Development Authority (MSHDA) DEPARTMENT CONTACT PERSON: Karry Rieth 248 858 -5403 STATUS: Grant Acceptance DATE: June 11, 2013 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 (5/30/2013) Department of Human Resources: Approved. — Karen Jones (6/03/2013) Risk Management and Safety: Approved by Risk Management, — Robert Erlenbeck (5/31/2013) Corporation Counsel: There are no outstanding legal issues with the above listed grant Agreement. —joellen Shortiey (6/11/2013) COMPLIANCE The grant agreement references a number of specific federal and state regulations. Below is a list of these specifically cited compliance related documents for this grant. Title VIII of the Civil Rights Act of 1968 — Fair Housing Act (42 U.S.C. Section 3601, et seq.) http://www.usdoi.gov/crt/housing/title8.htrn Elliot-Larsen Civil Rights Act of 1976 htto://michigan.gov/documerits/act 433 elliott f2rsen 3772 Toff Persons with Disabilities Civil Rights Act of 1976 htto://www.michigan.gov/documents/PWDCRA10-05 115444 7.pdf The Americans with Disabilities Act of 1990 (42 U.S.C., Sec 12101) http://wwvv.ada.gov/pubsiada.htm Katie West Oakland County Fi...c.,,IServices Phirir;,::. (248). 958-28:::. F. 8-9724 westcalioalcF,ov.corn Work Schedule: Monday —Thursday 7:00AM — 5:30PM 2 RICK SNYDER GOVERNOR STATE op MICHIGAN MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY LANSING SCOTT WOOSLEY, CFA EXECUTIVE DIRECTOR May 23, 2013 Karry L. Rieth, Executive Director Oakland County Housing Counseling : 250 Elizabeth Lake Road ; Suite 1900 Pontiac, Michigan 43341 RE: Announcement of Funding Award, Grant #NMS-025 Dear Mr. Rieth: • Congratulations! The Michigan State Housing Development Authority (MSHDA) has approved your request and proposed budget for National Mortgage Settlement funds to support your foreclosure counseling services in the amount of $175,100. The purpose of this letter is to inform you of the documentation needed to initiate this grant. Enclosed you will find the following documents: • A Grant Agreement (After reviewing both the agreement and Exhibit A, sign and make a copy for your files) • Exhibit A — Scope of Work • Grant Closing Statement • Certified Board Resolution Return original Grant Agreement, Exhibit "A" and the Grant Closing Statement, within 15 days to Sharon Evans at the Michigan State HouSing Development Authority, PO Box 30044, Lansing, IVII 48909. Executing the Grant Agreement Your agency's Board Chairperson must sign the Grant Agreements before a witness. Others are permitted to sign IF they have been specifically designated by your agency's governing body to act on their behalf. If someone other than the Board Chairperson signs the agreement, that person must be designated by the Board Chair, and that person's name must be entered as an authorized signer on the Certified Board Resolution and the Grant Closing Statement. NOTE: FIRSHDA will NOT allow consultants and/or third-party administrators to be designated to act on behalf of the governing body. Certified Board Resolution At your next board meeting, your governing board must formally adopt, by resolution, acceptance of the terms and conditions of the Grant Agreement. The Certified Board Resolution also designates those persons authorized to sign and/or submit grant related 735 East Michigan Avenue, P.O. Box 30044, Lansing, Michigan 48909 michigan.gov/mshda • 517.373.3370 • FAX 517.335.4797 • TTY 800.382.4568 tr, Equal Housing E.enogiententier documents on behalf of your governing body. The persons identified as authorized signatories on the Certified Board Resolution should be the same as those identified as signers on the Grant Closing Statement. NOTE: IVISHDA will NOT allow consultants and/or third-party administrators to be designated to act on behalf of the governing body. Grant Closing Statement The Grant Closing Statement formally identifies the officers of your organization and designates the offer and or officers authorized to sign and/or submit related report, forms, and documents. Each officer Must sign beside his or her typed or printed name in the appropriate spaces on the statement. The persons identified as authorized signatories on the Grant Closing Statement should be the same as those identified as signers on the Certified Board Resolution. NOTE: 11/1SHDA will NOT allow consultants and/or third party administrators to be designated to act on behalf of the governing body. NMS Fund Payments Your agency will receive a first disbursement $100,000 NMS funds and one subsequent payments of $75,100 over the course of your contract. Subsequent funding will be based on reporting compliance and supporting documentation provided. Keep in mind any deviations from the terms or conditions of the Grant Agreement must be requested in writing and approved by MSHDA's Homeownership Counseling staff. congratulate you on receiving this award. Please feel free to contact Sharon Evans at (517) 373-8016 if you have any questions. Sincerely, Jodi L. Mercer Departmental Manager Homeownership Division Cc: Michelle Jurkovic Enclosures 735 East Michigan Avenue, P.O. Box 30044, Lansing, Michigan 48909 michigan.aovirnshda • 517.373.8370 • FAX 517.325.4797 • TTY 800.362.4568 16,. Equal FiousIN htnpivieriLenderr=) NATIONAL MORTGAGE SETTLEMENT FUNDS Grant #N1VISF-025 MICHIGAN STATE .HOUSING- DEVELOPMENT AUTHORITY 735 East Michigan Avenue, Lansing, Michigan 48912 THIS GRANT AGREEMENT made and entered into as of May 1,. 2013, by and between Oakland County Housing Counseling, a Michigan nonprofit corporation, whose address is 250 Elizabeth Lake Road, Suite 1900, Pontiac, Michigan 48341 (the "Grantee"), and the Michigan State Housing Development Authority, a public body corporate and politic of the State of Michigan, whose address is 735 East Michigan Avenue, Lansing, Michigan 48912 ("the Authority"). RECITALS: A. Section 110(3) and Section 604 of PA. 296 of 2012 provide that the Authority shall use monies from the National Mortgage Settlement fund for foreclosure counseling and legal aid for homeowners, under a plan approved by the Attorney General. The Attorney General has reviewed and approved the Authority's plan for distribution of the funds. B. The Grantee represents to the Authority that it fully intends to undertake or continue a program planning for or implementing foreclosure counseling housing assistance. C. The National Mortgage Settlement Fund Grant, NMSF-025, in an amount not to exceed One Hundred Seventy Five Thousand One Hundred Dollars ($175,100) (the "Grant") is for a program more specifically described in Exhibit A attached hereto (the "Program"). D. The Authority, as a public body, is charged with the responsibility of regulating the use of funds advanced by it to assure that such funds are being used for purposes and in a manner that are in accordance with the Act and the Authority's General Rules, being R 125.101 et seq. (the "Rules). E. The Authority has agreed to make the Grant to the Grantee on the condition that the Grantee agrees to the terms and conditions set forth below. NOW, THEREFORE, in consideration of and as a condition to receiving the Grant, the Grantee agrees that: 1. The terms and conditions set forth herein are a reasonable and appropriate means to assure the use of funds in accordance with the Act and the Rules. 2. All aspects of the Grantee's plan for the use of the Grant are specifically described in the Program attached hereto as Exhibit A, which Program is incorporated herein, and the Grantee will operate the Program as described in Exhibit A. • 3. All actions of the Grantee and requirements of the Grantee's Program are subject to the terms of this Agreement, the provisions of the Act. 4. . The activities of the Grantee will be subject to the review of and, in the discretion of the Authority, audit by Authority staff to ensure compliance with this Agreement, the Act arid the Rt:des, .and the Grantee will provide any. books, records or documents in such form and at such place as. the Authority may request. 5. Disbursement of Grant funds shall be made as outlined in Exhibit A Scope of Work. 6. If an advance or a portion of the Grant for a specific purpose is not used for that purpose clue to conditions that make it impossible to use as provided herein, or if the Grantee decides not to use the money, upon such occurrence, the sum shall be returned to the Authority immediately. 7. If the Grantee receives an advance or a portion of the Grant and does not use those funds for the purpose for which they were intended, the Authority may immediately recapture the amount of those funds from the Grantee. 8. Any of Grantee's activities that are assisted by the use of Grant proceeds and the selection of persons for participation in the Program shall not discriminate against any person on the grounds of race, color, creed, religion, height, weight, sex, age (except for a Development specifically designed for elderly occupants), national origin, handicap, or marital or familial status except as provided by law. The Grantee shall comply with all requirements imposed by Title VIII of the Civil Rights Act of 1968 (as amended by the Fair Housing Amendments Act of 1988), the Americans with Disabilities Act, the Elliott-Larsen Civil Rights Act, and the Michigan Handicappers Civil Rights Act. 9. The Grantee assumes responsibility for any and all costs to implement the Grantee's Program exceeding the amount of the Grant. 10. In the event of a violation of any of the provisions of this Agreement, the Authority will notify the Grantee in writing of the violation and the Grantee will have a 30-day period in which to correct the violation. In the event the violation is not corrected to the satisfaction of the Authority within the time prescribed herein, the Authority may: a. immediately terminate the Grant, without further notice, in a writing signed by the Authority's Executive Director; and b. pursue any other remedy provided at law or in the Act. The Grantee hereby agrees that an election by the Authority to pursue any one remedy shall not be construed to preclude or be a waiver of the right to pursue any other remedy available to it. 11. The term of this Agreement shall commence on May 1,2013 and shall teiniinate, unless extended by the Authority, on September 30, 2016. 12. The invalidity of any clause, part, or provision of this Agreement shall not affect the validity of the remaining portion hereof. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year shown above. OAKLAND COUNTY HOUSING COUNSELING, A MICHIGAN NONPROFIT CORPORATION By: Date Its: MICHIGAN STA DEVELO HOUSING 11.5THORITY By: Will e G. Moseng Its: Acting Deputy AAA 'Date ctor of egal Affairs • Exhibit A • Scope of Work National Mortgage Settlement (NMS) Fund Grant Agree, NIVIS-025 . Progn,_zm. Activities: The Grantee, Oakland County Housing Counseling, is a MSHDA approved housing counseling agency and will utilize this non-repayable Grant in the amount of $175,100 to facilitate the agency's foreclosure counseling program and to increase, sustain or prevent a reduction in the agency's ability to deliver thoughtful, effective foreclosure related counseling services to homeowners. Authority responsibilities: 1. The Authority will disburse One Hundred Thousand dollars ($100,000) to the Grantee upon approval of the grantees scope of work, budget outlining their beginning and ending dates for expenditure of funds and review of supporting documentation. Additional disbursement of Seventy Five Thousand One Hundred dollars ($75,100) will be made based upon Grantee performance. 2. Review quarterly and annual reports submitted by Grantee and openly communicate with Grantee about their performance. 3. Conduct compliance reviews andlor audits. 4. Report to legislature and/or other stakeholders as required or requested. Grantee responsibilities: 1. The Grantee shall maintain program compliance adhering to the National Industry . Standards for Homeownership Education and Counseling (NISHEC). The Grantee shall maintain their ability to provide comprehensive foreclosure counseling services and shall coordinate foreclosure program services assuring that all critical components of effective counseling are present for each participant. 3. The Grantee shall deposit the grant funds into an established account at its financial institution,iand utilize funds appropriately based on their NMS Application for funding. If the account is interest bearing, the Grantee may use the earned interest for administrative expenses. 4. The Grantee has provided a detailed budget demonstrating all projected expenses to carry out their approved NMS application including detailed time period funds will cover as well as supporting documentation for technology purchases, services and enhancements. 5. Grantee may be required to undergo a comprehensive analysis of their counseling program. Grantee must agree to incorporate recommendations and industry best practices within their agency for providing counseling services and participate in any training identified as a result of the review. Failure to do so may result in the recapture of funds. 6. The Grantee shall utilize the funds as outlined in their National Mortgage Settlement (NMS) Application for Funding, and more specifically: a. The provision of this grant will be made to maintain staffing for foreclosure counselor. b. Marketing and Outreach by producing a video and advertising on cable and website. c. If any portion of a staffs salary funded through this grant is used to provide foreclosure counseling services, the agency will not be able to bill MSHDA's Foreclosure Counseling Program for the same client service. d. Comprehensive analysis at estimated cost of $3,000. 7. if, by the date on which the grant expires, any grant proceeds (a) have not been disbursed or (b) have not been used for purposes eligible under this grant ("Ineli ble Disbursements"), then the Grantee will, within 30 days of the grant's expiration, refund the sum of the undisbursed proceeds and Ineligible Disbursements to the Authority. Grantee reporting_requirements: The Grantee shall submit to the Authority narrative reports indicating the status and effectiveness, both quarterly and cumulatively, of all activities performed under this Agreement as well as other data requested by the Authority such as but not limited to: a. Number of clients assisted with NMS funds, and the percentage increase in clients assisted over prior period. b. Number of households reached in marketing efforts. c. Type and level of service provided. d. Outcomes achieved. e. Number of FTE equivalent positions added or jobs retained using NMS funds. 2. The Grantee shall provide copies of paid invoices for any technology purchases made utilizing NMS funds. 3. The Grantee shall provide upon request, written documentation identifying all funding specific to their Foreclosure Counseling Program. 4. The Grantee shall meet upon request with Authority staff to discuss programs progress and content of reports. 5. Quarterly reports to the Authority will begin the following full quarter after the contracts start date. Continue submissions of quarterly and final reports through grant expiration date: 0 July 15th for period April 1,2013 to June 30, 2013 October 15th for period July 1, 2013 to September 30, 2013 6 JalTaary 15tH for Period October 1,2013 to December 31, 2013 April 15th for period January 1, 2014 to March 31, 2014 July 1 5 th for period April 1, 2014 to June 30, 2014 October 15th for period July 1,2014 to September 30, 2014 January 15th for period October 1, 2014 to December 31, 2014 Reports must be submitted to: Tara Gilman at GilmanTP,michigan.gov IVISHDA Approved Counseling Agency: Oakland County Housing Counseli Based on your NMS award which funds does this budget represent (all three may be selected if applicable.) Project Begin Date: May 1,2013 Project End Date: December 31, 2014 • Z Foreclosure Related Scrvices Funds ' Foreclosure Program Support Funds I Special Initiative funds Budget Submitted by Karry L. Rieth Date Revised 5-22-13 04/09/2013 Exhibit B National Mortgage Settlement (NMS) Fond Budget A detailed project budget is required as part of an agency's award that demonstrates expenses used to carry out your project. This budget should be based ONLY on your NMS funds and reflect the correct time period (show multi-years if that was what your request indicated). Also make sure amounts provided add up. If you are requesting funds for any technology purchases/services/enhancements, you must include supporting documentation to show the cost. (Agencies will be required to include copies of actual invoices as reporting requirements). Expense -Category . • Exp .ØsesI.Fi.dd by NMS i i heexpenies coivred b.i, c-Liizii()T ,7)c / or c:Y,-,_.',:_ti il?„: ru'l'Ll7iL' fccf,'(c.,,/c(7) Staff, Salaries (Plus Benefits) for: Executive Director Counseling Program Manager Counselor $140,181 Counselor Counselor Intake Specialist $ Support Staff $ Other Staff (AmeriCorps Match): $ Other Staff (must identift): $ Total Staff Costs: $140,18 Consultant Expenses S Technology Purchases/Services (Skype, E-fax, etc.) S Technology Enhancements (Client Management System, etc.) Marketing/Outreach $17,000 Operational Costs (rent, utilities, mailings, insurance etc.) $12,119 Credit Reports $ Other (Must Name) Counselor Certification Training $2,800 Other (Must Name) Transportation/Milage $ Comprehensive Analysis of Agency's Foreclosure Program $3,000.00 TOTAL NMS BUDGET: $175,100 FISCAL NOTE (MISC . #13182) July 17, 2013 BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS COMMUNITY & HOME IMPROVEMENT DIVISION — MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY'S NATIONAL MORTGAGE SETTLEMENT (NMS) GRANT FOR HOMEOWNERSHIP 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. Michigan State Housing Development Authority (MSHDA) Homeownership Counseling Program grant is available from the National Mortgage Settlement (NMS) with the five leading bank mortgage servicers which provides states, including Michigan, monetary sanctions and relief and mandates comprehensive reforms of mortgage loan servicing. 2. MSHDA has awarded $175,100 to the Community & Home Improvement Division's Housing Counseling and Homeless Services Unit. 3. The MSHDA Grant supports delivery of counseling services to homeowners to prevent or resolve mortgage delinquency, default, and foreclosure with the primary objective to preserve homeownership. 4. NMS funding will cover one (1) SR FTE Community & Home Improvement Specialist position (1090680-10806) from October 1,2013 through December 31, 2014. 5. No County Match is required. 6. FY 2013 Budget Amendment is recommended as follows: MSHDA - NMS Grant (National Mortgage Settlement) #29724 FY 2014 GR0000000645 Revenue 1090680-132210-615571 State Operating Grants $175,100 Total Revenue $175,100 Expenditure 1090680-132210-702010 Salaries 1090680-132210-722740 Fringe Benefits 1090680-132210-730072 Advertising 1090680-132210-774636 Info Tech Operations 1090680-132210-731941 Training 1090680-132210-730373 Contracted Services Total Expenditures $84,108 56,073 17,000 12,119 2,800 3,000 $175.100 FINANCE COMMITI FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Long absent. Resolution #13132 July 17, 2013 Moved by Dwyer supported by Quarles the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic, Crawford. (21) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted (with accompanying reports being accepted). I HEREBY APPROVE THIS RESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO MCL 45.559A (7) STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on July 17, 2013, 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 17th day of July, 2013. Lisa Brown, Oakland County