HomeMy WebLinkAboutResolutions - 2013.07.17 - 20905inln, MISCELLANEOUS RESOLUTION 1r 1 J 1 °-) 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 (MSHDA) NATIONAL FORECLOSURE MITIGATION
COUNSELING PROGRAM ROUND 7 SUB-GRANTEE AGREEMENT FOR COUNSELING
SERVICES
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 that provides 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 foreclosure
mitigation 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 MSHDA shall pay the Oakland County Community & Home Improvement
Division for various billable units of foreclosure mitigation counseling as defined by MSHDA in
Exhibit I of the contract; and
WHEREAS the Division estimates providing 81 billable units of foreclosure mitigation
counseling services at $150 or $300 per household based on the level of service defined by
MSHDA totaling $19,050 and program related support funds totaling $1,820; and
WHEREAS the terms of the agreement shall cover work performed by the Community &
Home Improvement Division during the period of time beginning June 1, 2013 through
December 31, 2013; and
WHEREAS the Division shall use the revenue to supplement limited federal Community
Development Block Grant funds allocated for housing counseling operation costs; and
WHEREAS this agreement has been reviewed and approved through the County
Executive's Grant Review Process.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners accepts the Michigan State Housing Development Authority National
Foreclosure Mitigation Counseling Round 7 Sub-grantee Agreement totaling $20,870 for
providing approximately 81 billable units of foreclosure mitigation counseling services ($19,050)
and program related support costs ($1,820) 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 Building Committee, I move the adoption of
the foregoing resolution.
PLAfINING AND BUILDING COMMITTEE
PLANNING & BUILDING COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Gosselin absent.
GRANT REVIEW SIGN OFF — Community Szr_ Home Improvement
Division
GRANT NAME: MSHDA's National Foreclosure Mitigation Counseling Program Round 7 Sub-grantee
Agreement
FUNDING AGENCY: NeighborWorks America/Michigan State Housing Development Authority (MSHDA)
DEPARTMENT CONTACT PERSON: Karry Rieth 248 858-5403
STATUS: Contract Acceptance
DATE: June 26, 2013
Pursuant to Misc. Resolution 0i 320, 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 contpining grant review comments) may be requested to be placed on the appropriate Board of
Comtnissioners' committee(s) for grant acceptance by Board resolution.
DEPARTMENT REVIEW
Department of Management and Budget:
Approved.— Laurie Van Pelt (6/17/2013)
Department of Human Resources:
Approved. — Karen Jones (6/24/2013)
Risk Management and Safety:
Approved by Risk Management. — Robert Erlenbeek (6/17/20 3)
Corporation Counsel:
There are no outstanding legal issues with the above grant agreement. — Joellen Shortley (6/18/2013)
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.
Buy American Act (41 USC I0a)
http : //frwebgate. acc s.2po gov/cgi-bin/getdoc. egi?dbnanie=brow se use8alo ci d=C ite:+41US C1 Oa
HUD Reform Act (24 CAR Part 4.11)
httn://www. um. gov/fdsys/pkg/CFR-2004-title24-voll/ndf/CFR-2004-title24-voll -subtitleA.pdf
Federal Freedom of Information Act
http.//www.rcfp .or v./fogglindex.Dhp? i= statutes
Michigan — Freedom of Information Act 442 of 1976 (MCL 15.231)
http ://www.1 sl re.mi. govg S(mxubm5fIvb5ubaylcv3x0efl )1 /mile '.asiox?pacae=a-etObi ect&obi ectName=nicl-
15-231
Federal Privacy Act
httryllw VFW .rc• .org/fogglindex.phn?i---statutcs
Michigan Persons with Disabilities Civil Rights Act — "Act 220 of 1976"
http://ww-wlevis1ature.mi.gov/(uq31x geltuuj5z55z2uiw y45)/raileg.aspx?page=getobj ect &objec thanae--rncl-Act-
220-o f-1976&q_uervid=14718589
Michigan Elliott-Larsen Civil Rights Act — "Act 453 of 1976"
http://w w wlegislaturemi.g ov/(uo 31xgeltmrj5 z55z2uiwv45)/rnileg. aspx?page=--get obi ect&obi ectname=mcl-Act-
453 -of-1976&queryid=14718540
Michigan Civil Service Rules regarding Workplace Safety (2-20) and Discriminatory Harassment (1-8.3)
http://www.michigan.gov/mdes/0,1 607 ,7-147 -6877 8155-74279-.00.htmllAv
Michigan State Contracts with Certain Employers Prohibited — Act 278 of 1980
http://www.leRislature.mi.go -v/(S(ealraciy4uuelgb -vh10s21355))/mileg.aspx?pa.ae=-2-etObject&obiectName=ruci-
Act-278-of-1980
odi L. Mercer
Program & Business Development Manager
Homeownership Division
COMMHOME
RICK SNYDER
GOVERNOR
STATE OF MICHIGAN
MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY
LANSING
.JUN 142013
M PRO\/EM ENT'
SCOTT WOOSLEY, CF-A
EXECUTIVE DIRECTOR
June 12, 2013
To Our Valued Partners,
Congratulations! We're pleased to confirm that your agency has been selected to serve as one
of MSHDA's sub-grantees for Round 7 of the National Foreclosure Mitigation Counseling
(NFMC) grant.
In addition to being listed on MSHDA's Web site as a NFMC Counseling Agency, your agency
will also be listed on NeighborVVorks America's Web site. Other benefits to your agency include
exclusive NFMC grantee webinars, conference calls, counselor message board and training
scholarships.
Please sign the enclosed NFMC Sub-Grantee Agreements, including Exhibit II, and return both
copies to our office for signature at the following address:
Karen Lawson, Homeownership Counseling Specialist
Michigan State Housing Development Authority
735 E. Michigan Avenue
Lansing, MI 48909
An NFMC Agreement Addendum, which outlines the activity your agency is being asked to
provide, will be sent to you via e-mail for completion and return to our office.
Also included in this packet you will find a listing of the zip codes included in the Municipal
Statistical Areas (MSA) your agency has been asked to serve during this round of funding.
As always, we look forward to working with your agency. Please feel free to contact Karen
Lawson at (517) 373-2307 or me at (517) 373-6840 if you have any .questions.
Sincerely,
Enclosures: Sub-Grantee Agreement (2 copies)
MSA Zip Code List
735 East Mohigan Avenue, P.O. Box 30044, Lansing, Michigan 48909
michigan.govimshda - 517.373.8370 FAX 517.335.4797 TTY 800.382.4560
Ecutl HoUsir!
Investing in People.
Investing in Places.
MSHDA
MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY
Equal Opportunity Lender
MSHDA's HOMEOWNERSHIP COUNSELING PROGRAM
NFMC Round 7
Sub-Grantee Agreement Addendum
As a designated NFIVIC Sub-Grantee the funds received through this Grant are in addition to other funding sources -
that support your foreclosure counseling program.
Counseling Agency: Effective Date:
Oakland County through its Community and Home Improvement Division- 6/112013
Housing Counseling and Homeless Services Unit
Address of Agency: City: Zip:
250 Elizabeth Lake Road, Suite 1900 Pontiac 1 48341
Program Contact: Phone Number: Email Address:
Metropolitan Statistical Areas To Be Covered:
Detroit-Warren -Livonia
NFMC Funds Awarded:
Level 1 Clients — 35 @ $150 = $5,250
Level 2 Clients —46 @ $300 = $13,800
Total Award = $19,050
Consent: As a selected Sub-Grantee our Agency and counseling staff agree to provide foreclosure prevention
counseling services as outlined by MSHDA, NFMC and the National Industry Standards for Homeownership
Education and Counseling. Our agency agrees that:
It is not receiving NFMC Round 7 funding through another Grantee.
It will maintain separate records for revenue and expenses tied to these NFMC funds.
The CFDA Number associated to these funds is 21.000 PL113-6X1350.
It will utilize MATT to capture client-level data and to submit counseling activity supported by these funds.
It will submit NFMC client activity to MSHDA every two weeks for the period covered by this Agreement.
It will participate in teleconferences and/or other activities held by MSHDA for NFMC Round 7 sub-grantees.
The amount listed above is an estimate of the funds my agency will receive.
It will provide information for quarterly reports when requested by MSHDA based on the schedule provided by
MSHDA staff.
Sign, date and return one (1) copy of this document to MSHDA's Homeownership Counseling Program and maintain one
copy for agency records.
Executive Director- Typed Name Executive Director Signature Date
Program Manager- Typed Name Program Manager Signature Date
RICK SNYDER
GOVERNOR
STATE OF MICHIGAN
MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY
LANSING
SCOTT WOOSLEY, CFA
EXECUTIVE DIRECTOR
June •10, 2013
To Our Valued Partners:
A - RICRAn 7 C. .k rdes,e•ese.1 " +Gdi \ enI 41,n+ “e., Hi ° on LJI uLar INF IVIltr 0-1 / I III Ficcicu iv1.4 LI CUyvtAi a1.1 siz-Cti.ivi I vtiiii receiving
$1,820 in Program Related Support funds. These funds are in addition to the funds you receive for providing
direct counseling services, and are meant to support direct costs associated with increasing the effectiveness
and efficiency of your programs' ability to provide quality foreclosure counseling.
Program Related Support funds are only to be utilized for one of the following expenses:
1. Costs to send new or existing counselors to NeighborVVorks America training, Class(es) must be from
the following list:
a. H0109 — Foreclosure Basics
b. H0202 — Making Home Affordable: A Breakdown of Program Components
c. H0236 — Efficient Strategies and Techniques for Loss Mitigation Counseling: Analyzing and
Sharing the Results
d. H0247 — Post-Purchase Education Methods
e. H0252 — Effective Group and Telephone Foreclosure Counseling Strategies
f. H0285 — Transitioning Consumers: Counseling Clients To Take The Next Step
g. H0307 Advanced Foreclosure: Case Study Practicum
h. H0320 — Developing and Implementing an Effective Foreclosure Program
i. H0328 — Enhancing the Effectiveness of a Foreclosure Intervention Counseling Program
j. H0345rq — Foreclosure Intervention and Default Counseling Certification, Part 1
2. Community outreach (marketing or advertising) for your foreclosure program.
3. Match for new AmeriCorps Member.
4. Upgrading or establishing a Client Management System,
Documentation supporting the use of these funds (receipts, invoices, confirmations) must be sent to
Karen Lawson by no later than July 31, 2013. Agencies that have not provided documentation by that
date will be required to return funds to MSHDA by no later than August 8, 2013.
Checks have been requested and will be sent to agencies as soon as we receive them from Finance.
Don't hesitate to contact Karen Lawson at (517) 373-2307 or lawsonkmichidan.aov with any questions you
might have.
735 East Michigan Avenue, P.O. Box 30044, Lansing, Michigan 48909
michigan.gov/mshda • 517.373.8370 • FAX 517.335.4797 • TTY 800.382.4568
EqI Ficus)rxj ErnpitweriLsincer
MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY
NATIONAL FORECLOSURE MITIGATION COUNSELING PROGRAM
ROUND 7 SUB-GRANTEE AGREEMENT
THIS AGREEMENT, made and entered into as of the 1St day June 2013, by and between the
MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY (MSHDA), a public body
corporate and politic of the State of Michigan, 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 "Sub Grantee"), whose address is 250 Elizabeth Lake Road,
Suite 1900, Pontiac, Michigan 48341.
RECITALS:
A. MSHDA is a direct grantee under the National Foreclosure Mitigation Counseling (NFMC)
program (the "Program").
B. MSHDA seeks to provide services under the Program by sub-granting Program funds to the Sub
Grantee to provide the services described in Exhibit I of this Agreement, subject to the terms and
conditions of this Agreement.
C. The Sub Grantee agrees to provide the services in consideration for payment as set forth in this
Agreement.
THEREFORE, in consideration of the mutual covenants and promises set forth in this Agreement,
MSHDA and Sub Grantee 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 he used to interpret this Agreement.
c. Articles. All references in this Agreement to "Articles," "Sections" and other subdivisions are
to the corresponding Articles, Sections or other subdivisions o r 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, Sec -on or
subdivision of this A ,:grecm(,-,2-1:.
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 II.
TERM OF AGREEMENT
Section 2.1 Term of Agreement. The initial term of this Agreement shall cover work performed .
by the Sub Grantee (and not previously billed under other MSHDA funding sources) during the period of -
time beginning June 1, 2013 and ending • December 31, 2013. This Agreement may extend beyond
December 31, 2013 if NFMC offers an extension for the services provided under this Agreement. This
Agreement may be terminated prior to December 31, 2013 in the manner described in Section 2.2.
Section 2.2 Termination. Each party may terminate this Agreement at any time by providing
thirty (30) days written notice prior to the date of termination. Notice shall be given in the manner
described in Section 10.1 of this Agreement. The Sub Grantee shall be compensated for services
satisfactorily performed prior to the date of termination.
Section 2.3 Suspension from the Program. If MSHDA discovers evidence of (a) improper
billing by the Sub Grantee or (b) a failure by the Sub Grantee to provide the services required under this
Agreement, MSHDA may, at its discretion, suspend the Sub Grantee from the Program. MSHDA will
inform the Sub Grantee of the suspension in accordance with Section 10.1 of this Agreement. MSHDA
will not pay the Sub Grantee for any services rendered during the suspension period. If the Sub Grantee is
suspended, the Sub Grantee will remain suspended until the earlier of (a) MSHDA's sole determination
that the problem(s) leading to the suspension are not material or have been resolved to the satisfaction of
MSHDA, (b) the termination of this Agreement by MSHDA, or (c) the expiration of this Agreement.
ARTICLE III.
SERVICES
Section 3.1 Services Provided by Sub Grantee. The Sub Grantee shall, in a satisfactory and
proper manner as determined by MSHDA, perform the duties enumerated on the attached Exhibit I.
Section 3.2 Manner of Providing Services. When providing eligible foreclosure counseling
services, the Sub Grantee shall:
(i) Coordinate with servicers, and public and/or 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 foreclosure counseling services to all Clients requesting those services.
(iv) Contact and work with the appropriate servicer 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.
Section 3.3 Program Requirements.
(i) The funding for this Program is made available through Public Law 113-6, through the
Department of Defense, Military Construction and Veterans Affairs, and Full-Year Continuing
Appropriations Act of 2013 and is administered by NeidborWorks America. NeighborWorks
America is a public, congressionally chartered nonprofit organization that receives an annual
federal appropriation directly. By law, it is not a federal agency and therefore has no Catalog of
Federal Domestic Assistance (CFDA) tracking number, yet it is a recipient of a direct
appropriation of federal funds and its Grantees and their Sub Grantees are sub-recipients of federal
funds. The U.S. Department of Treasury (listed as Agency 21) disburses these funds to
NeighborWorks America. Recipients and sub-recipients of National Foreclosure Mitigation
Counseling (NTAIC) Program are instructed to use the following number for CFDA
tracking of NFMC Round 7 related funds provided by Neighborhood Reinvestment
Corporation: 21.000 PL113-6X1350.
(ii) Sub Grantee will maintain a separate budget for its foreclosure prevention
counseling program, and all NFMC funding will be used solely to fund Sub Grantee's
foreclosure program and related expenses. To the extent Sub Grantee has not expended its grant
funds, the funds will be invested in securities either of the United States government or that are
guaranteed by the United States government, or exclusively deposited in federally insured or state
accounts. The investment of grant funds is permitted only for the preservation of principal and not
for any type of speculative investment. Interest earnings on grant funds may be retained by Sub
Grantees and must be used exclusively to further program objectives for additional foreclosure
counseling, or program-related support provided the Sub Grantee is in compliance with all terms
and conditions of this Grant Agreement.
(iii) Sub Grantee will be responsible to provide MSI-IDA an expenditure report for the use
of NFMC funds for the Authority's NFMC Round 7 Final Report. Sub Grantee will also be
required to provide additional information regarding their participation in this Program for
quarterly and final reports. This information will be requested by MSHDA, and must be provided
within the time limits provided.
(iv) Because NeighborWorks America is accountable to Congress, the Office of
Management and Budget, and the United States taxpayers, NeighborWorks America will conduct
compliance reviews, collect data, and complete the NFMC program evaluation. This work will be
conducted primarily through third-party contractors but at all times NeighborVvrorks America shall
have the right to use its own employees to perform the foregoing duties. Grantees and their Sub
Grantees hereby agree to provide timely and adequate responses to such inquiries by providing
requested information to NeighborWorks America and its designated third-party contractors,-
authorized representatives, including attorneys and auditors, and its agents in connection with the
administration of the grant funds.
(y) All recipients ofl\TFMC foreclosure intervention counseling must be owner-occupants
of single-family (one- to four-unit properties) with mortgages in default or danger of default No
funds made available under this grant may be provided directly to lenders or homeowners to
discharge outstanding mortgage balances or for any other direct debt reduction payments.
(vi) Sub Grantee will utilize MATT, MSJDAS Client Tv anagt:'..ment System (
capture all client data required by ITKNIC for this grant. IVISI-IDA will be responsible for rep.
that data to NFINAC.
(vii) Sub Grantee affirms that counseling offices and services will be accessible to persons
with disabilities, as well as to homeowners needing translation services.
(vii) Sub Grantee will not discriminate against clients on the basis of their gender, race,
color, religion, national origin, ancestry, creed, pregnancy, marital or parental status, familial
status, sexual orientation, or physical, mental, emotional or learning disability.
(ix) Sub Grantee agrees to obtain from its NFMC Program clients an executed
authorization form or other legally-permissible client authorization that will permit Sub Grantee to
(a) submit client-level information relating to this grant to the NFMC Data Collection System, (b)
open files to be reviewed for program monitoring and compliance purposes, and (c) conduct
follow-up with client related to program evaluation. Clients may opt out of (c) above only, but
proof of this opt-out must be recorded in the client's file.:
Sub Grantee must also allow client access to their privacy policy statement, and document
receipt of the privacy statement in the client's file.
(x) Sub Grantee agrees to (a) adhere to the National Industry Standards Code of Ethics and
Conduct as appropriate for the level(s) of counseling it provides, and (b) offer the Minimum
Standard Activities for Foreclosure Intervention and Default Counseling. See
https://www.homeownershipstandards.corn for detailed information.
(xi) Sub Grantee contact information will be provided to NFMC at the onset of this grant.
Sub Grantee must ensure that contact information is correct and current at all times. Sub Grantee
will contact MSHDA immediately to report any changes.
(xii) Sub Grantee shall cooperate with NFMC staff, or others they may select, in
research or evaluative studies related to the Program and Grant.
Section 3.4 Review of Performance. The Sub Grantee's performance will be subject to review by
Authority staff to ensure compliance with the terms of this Agreement. In the event the Sub Grantee fails
to perform services required under this Agreement or performs services hereunder in an improper manner,
MSIIDA will notify the Sub Grantee in writing of the specific deficiencies. If the deficiencies are not
corrected to the sole satisfaction of the Authority within thirty (30) days after the dare of the notice,
MSHDA may, in its sole discretion, terminate this Agreement in accordance with Section 11.1 of the Sub
Grantee's current Michigan State Housing Development Authority Homeownership Counseling Program
Agreement for Counseling Services Agreement.
Section 3.5 American Made Equipment and Products. To the greatest extent practicable,
all equipment and products purchased with grants funds shall be in compliance with the Buy
American Act (41 U.S.C. Section 10).
-ARTICLE IV.
COMPENSATION
Section 4.1 Fees for Rendered Services. Subject to the terms of this Agreement, MSHDA shall
pay the Sub Grantee the fees described in Exhibit I.
Section 4.2 Billing Process. Payments for services provided under this Agreement will be made
bacp.ri on WISIThA's Gram Draw Schedule, as defined by NFIVIC, and outlined in Exhibit I.
The Sub Grantee acknowledges that MSHDA may withhold payment if MSHDA finds evidence of
improper billing and/or failure to render services in accordance with the terms of this Agreement
(collectively, "Improper Billing"). MSHDA may also require the Sub Grantee to repay any.funds paid to
the Sub Grantee 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.
SUB GRANTEE QUALIFICATIONS AND TRAINING
Section 5.1 Sub Grantee Qualification. The Sub Grantee confirms that it possesses the
knowledge and skills necessary to perform foreclosure prevention counseling as provided through this
Program.
Section 5.2 Authority Approval of Staff Rendering Services. The Sub Grantee further
acknowledges and agrees that its staff may be subject to the evaluation and approval of MSHDA, who
shall retain the right to determine the sufficiency of the education, competence and experience of the Sub
Grantee's personnel assigned to perform the services identified in Exhibit I of this Agreement.
ARTICLE VI.
DISCLOSURE
Section 6.1 Disclosure Reports. If the Sub Grantee will receive, or can reasonably be expected to
receive, an aggregate amount of Federal assistance, including compensation under this Agreement, in
excess of $200,000 during the Federal fiscal year covered by the initial term of this Agreement, the Sub
Grantee must disclose at or before the time of execution of this Agreement all 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.
Section 6.2 Updates to Disclosure Reports. As required by 42 U. S.C. § 3545(c) and 24 CFR
4.11, the Sub Grantee shall update its Disclosure Reports to reflect substantial changes in its disclosures.
The period during which these updates are required begins with the beginning of the initial term of this
Agreement and ends when the Sub Grantee discharges all obligations under the terms of the assistance.
Section 6.3 Access to Reports. Subject to the requirements of State and local law, the Sub
Grantee shall make all Disclosure Reports available for public inspection for five (51 years. 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.
ARTICLE VII.
RECORD KEEPING, PRIVACY, AND FREEDOM OF INFORMATION ACT
Section 7.1 Record Keeping. The Sub Grantee shall maintain such records as are deemed
necessary by NFMC and MSHDA to assure a proper account for all costs. Upon request these records
will be made available for audit purposes to NFMC or their authorized representative or MSHDA.
Upon request records will also be made available for the Auditor General of the State of Michigan, or
any authorized representative. All records under this program must be retained for seven years from
the date of submission of the final expenditure report covering this Agreement. The only exceptions
are the following:
(i) If any litigation, claim or audit is started before expiration of the seven (7) year period,
the records shall be retained until the litigation, claims or audit findings involving the
records have been resolved and final action taken.
(ii) Records for real property and equipment acquired with grant funds shall be retained for
three (3) years after final disposition.
If the Sub Grantee leaves MSHDA's Homeownership Counseling Program. the Sub Grantee shall
return to the Authority all documents, papers, and other property of the Authority in accordance with
Section 3.3 of the Sub Grantee's current Michigan State Housing Development Authority
Homeownership Counseling Program Agreement for Counseling Services.
Section 7.2 Quarterly Reporting. Sub Grantees will submit quarterly reports to MSHDA
using a template that will be provided by MSHDA at the onset of this Agreement. Reports will
include a narrative section on successes and challenges encountered by the Sub Grantee in helping
clients avoid foreclosure or mitigate losses, and efforts to ensure the affordability of mortgages when
clients retain their homes. Sub Grantees will also be required to submit at least one client success
story for each quarterly report submitted.
The quarterly report periods for NFMC Round 7 activity is as follows:
(h) First quarterly report covers the period October 1, 2012 through June 30, 2013. Report
is due to NFMC August 1, 2013.
(ii.) Second quarterly report covers the period July 1, 2013 through September 30, 2013,
Report is due to NFMC November 1,2013.
(iii.) Third and final quarterly report covers the period October 1, 2013 through
December 31, 2013. Report is due to NFIVIC February 1,2014.
(iv.) Final report due covering all programmatic and expenditure activity. Report is due to
NFMC February 28, 2014.
MSHDA will provide due dates to Sub Grantees for each quarterly and final report period listed
above; however all Sub Grantee information will be due to MSHDA no later than 2 weeks prior to the
reporting due date to NFMC shown above.
Section 7.3 Security of Confidential Information. The Sub Grantee shall secure under lock and
key all information regarding counseling of Clients, whether such information is generated by the Sub
Grantee itself or received from outside sources. This includes credit reports, infomiation on current
financial status, notes on counseling sessions ; and any other information rearding individual Clients.
The Sub Grantee shall not disclose such information to anyone other than NFMC, MSHDA or, with the
consent of the Client, the Client's servicer or legal assistance requested on behalf of the Client or if
required to provide disclosure by a Court Order, subpoena or Freedom of Information Act request.
Section 7.4 Privacy and Freedom of Information Act. The Sub Grantee 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, if applicable, and the Federal Privacy Act. The
Sub Grantee 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 Sub Grantee shall
inform persons submitting such requests that the Sub Grantee is not authorized to accept or process such
documents on behalf of the State of Michigan or the Authority. The Sub Grantee shall respond to requests
to produce documents or information directed to the Sub Grantee under the Michigan Freedom of
Information Action, subpoena or Court order.
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 Sub Grantee 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
Sub Grantee 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
MSI-IDA pursuant to this Agreement, the Sub Grantee shall comply with Michigan Department of
Civil Service Rules 2-20 regarding Workplace Safety and 1-8.3 regarding Discriminatory Harassment.
In addition, the Sub Grantee 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 Sub Grantee. The Michigan Department of Civil Service Rules and Regulations can
be found on the Department of Civil Service vvebsite at http://www.miehigan.gov/mdes/0,1607.7-147-
6877 8l55---,00.html.
Section 8.3 No Gifts. The Sub Grantee has not provided any gins, payments or other
inducements to any officer, employee or agent of IVISHDA,
Section 8.5 List of Potential Conflicts of Interest. Prior to execution of this Agreement, .
the Sub Grantee shall provide NISHDA a written list of all employees and agents of Sub Grantee,
employed in its Community and Home Improvement Division have conflicts between the interests of
those parties and the interests of NISHDA under this Agreement. The Sub Grantee acknowledges that the
employees and agents, of the Sub Grantee's Community and Home imProvement Division prior to or
during the term of this Agreement are not employees of the State of INJichigan or Its units. Should a
conflict oil interest arise during the teimi of this Agreement„ the Su' e shall cohtact hi hiD
Director of Legal Affairs immediately and describe in detail the conflict •f interest.
Section 8.6 Unfair Labor Practices. Pursuant to 1980 Public Act 278, as amended,.MCL
423.321, et seq, MSHDA 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 section 2 of the
Act). A Sub Grantee of MSHDA, in relation to a contract, shall not enter into a contract with a sub-Sub
Grantee, manufacturer, or supplier whose name appears in this Register. Pursuant to section 4 of 1980
Public Act 278, MCL 423.324, MSHDA may void any contract, including this Agreement, if, subsequent
to award of a contract, the name of the Sub Grantee as an employer, or the name of the sub-Sub Grantee,
manufacturer or supplier of the Sub Grantee appears in the Register.
ARTICLE IX.
INDEPENDENT SUB GRANTEE RELATIONSHIP
Section 9. Independent Sub Grantee Status. MSHDA shall retain the Sub Grantee as an
independent Sub Grantee, and the Sub Grantee hereby accepts such independent Sub Grantee 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 MSHDA and the Sub Grantee or any of its
employees or agents, The Sub Grantee, its employees and agents, shall be deemed at all times and for all
purposes to be independent Sub Grantees. The Sub Grantee acknowledges and agrees that all payments
by MSHDA to the Sub Grantee shall be made without deduction for federal, state or local income taxes,
social security taxes and similar items and that the Sub Grantee 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) unless Sub Grantee provides evidence of its
status as a tax exempt entity to MSHDA.
ARTICLE X.
MISCELLANEOUS PROVISIONS
Section 10.1 Notices. All notices required by this Agreement concerning the Sub Grantee's
suspension, termination or resignation will be in writing and shall be deemed given (i) when delivered by
hand (includinv, courier) or when such delivery is refused, (ii) when delivered by registered or certified
mail (return receipt requested) or when suchdelivery 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:
Authori Homeownership Division
Homeownership Counseling Program
Michigan State Housin Development Authority
735 E. Michigan Avenue, P.O. Box 30044
Lansing, MI 48909
Sub Grantee: Oakland County through its
Community and Home Improvement Division-Housing Counselinc!
And Homeless Services Unit
250 Elizabeth Lake Road, Suite 1900
Pontiac, MI 48341
All other notices, consents, or communications required by or concerning this Agreement, exclusive of
thosr, curer-fling the Sub Grantee's termination or resignation, or non-renewal of this Acrreement, 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 MSHDA requires communication by Electronic Mail, the
Sub Grantee will comply with that requirement.
Section 10.2 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 10.3 SuiLLssors 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 Sub Grantee under this Agreement shall not be assigned without the prior written
consent of MSHDA. Assignments of the obligations and responsibilities of the Sub Grantee without the
prior written consent of MSHDA shall be a material breach of this Agreement.
Section 10.4 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 10.5 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 10.6 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 10.7 Amendments and Extensions. This Agreement may be amended, extended, or
reinstated prior or subsequent to its termination by a written agreement executed by the Sub Grantee and
MSHDA.
Section 10.8 Entire Agreement. THIS AGREEMENT CONSTITUTES THE -ENTIRE
AGREEMENT BETWEEN THE PARTIES TO IT AND SUPERCEDES ANY PRIOR
UNDERSTANDING OR AGREEMENTS WITH RESPECT TO CONTRACTING FOR THE SUB
GRANTEE'S SERVICES. THIS AGREEMENT MAY BE AMENDED ONLY BY A WRITTEN
INSTRUMENT EXECUTED BY ALL PARTIES TO IT.
IN WITNESS WHEREOF, MSHDA and the Sub Grantee have executed this Agreement as of the date
first above written.
MICHIGAN STATE HOUSING DEVELOPMENT
AUTHORITY
Date:
By:
Jodi L. Mercer
Its: Program ck Business Development Manager
Homeownership Division
Oakland County through its
Community and Home Improvement Division —
Housing Counseling and Homeless Services Unit
Date:
By:
Print/Type Name of Signatory:
Its:
Federal Employer Identification Number
EXHIBIT I Pound 7 National Foreclosure Mitigation Counseling (NFMC) Services and Reimbursement Schedule $150 Intake Counseling and Education (Group or Individual) To bill for this service, the following 4.steps must be completed PRIOR to entering client information in MATT: Conduct intake, obtain authorization, and develop budget and CAP, For a detailed explanation of these steps, refer to NFMC Round 7 Counseling Guidelines. $300 Individual Counseling To bill for this service, the following steps (in addition to Level 1 activity) must be completed PRIOR to entering client information in MATT: Verify budget, steps to obtain solution as outlined in CAP are taken and documented and close-out documentation is in file. A Single or Tr-Merge Credit Report is required. For a more detailed explanation of these steps, refer to NFMC Round 7 Counseling Guidelines. Only clients participating in the federal "Home Affordable Loan Modification Program" are eligible for these services, To bill for these NFMC services, a client must be referred by their lender because of a back-end DTI of 55% or greater. For a detailed explanation of the work required for Level 4 services, refer to NF'11,1C Round 7 Counseling Guidelines. Level 4a - $300 Level lb - $150 Individual Intake Based on client needs NIFIVIC Level 1 I\IFMC Level 2 Nirmc Level 4a and 4b 5/2013 Page 1 of 1
Exhibit II
NEW Round 7 Sub-Grantee Certifications
I have read the following statements, and by checking each box, I am certifying that my
agency, a Michigan State Housing Development Authority (MSDHA) sub-grantee for
Round 7 of the National Foreclosure Mitigation Counseling Program, meets or exceeds
the minimum requirements for certification as a HUD Housing Counseling Agency,
If I cannot certify the following information to be true, I will forfeit my agency's ability
to serve as a MSHDA sub-grantee for the National Foreclosure Mitigation Counseling
Program.
1. My agency is in good standing under the laws of the State of Michigan and has
a current Certificate in Good Standing.
2. My agency is authorized to do business in Michigan to provide counseling
services.
3. My agency has counseling offices and services that are accessible to people
with disabilities.
1nn••••••••n
4. My agency has counselors fluent in the language that customers speak or will
use interpreter services available in my community to ensure non-English
speaking customers can obtain foreclosure intervention counseling.
5. My agency will not permit discrimination against customers on the basis of
their gender, race, color, religion, national origin, ancestry, creed, familial status,
pregnancy, marital or parental status, sexual orientation, or physical, mental,
emotional or learning disability.
6. In order to receive funds through the National Foreclosure Mitigation
Counseling grant, I confirm that my agency has adopted the National Industry
Standards Code of Ethics and Conduct and that my agency and its counselors will
adhere to the standards set forth therein and will offer the Minimum Standard
Activities for Foreclosure Intervention and Default Counseling.
7. My agency will adhere to the National Industry Standards for Homeownership
Education and Counseling guidelines on disposing of personally-identifiable
information, which state, "Homeownership educators/counselors will dispose of
clients' records in a manner that protects clients' confidentiality and is consistent
with state statutes governing records and social work lieensure."
8. My agency currently use CounselorMax, Nstep, or Home Counselor Online
OR uses an alternative client management system (for all MSFIDA Sub-Grantees
this will be MATT) that will electronically supply the necessary client-level and
aggregate reporting information, via electronic data files to MSFIDA.
9. My agency agrees to comply with quality control and evaluation of the NFMC
program through December 31, 2015, or longer if extended.
10. My agency certifies that the staff and volunteers who will provide foreclosure
intervention counseling under NFMC have no conflict(s) of interest due to other
relationships with servicers, real estate agencies, mortgage lenders, and/or other
entities that may stand to benefit from particular counseling outcomes.
11. My agency certifies that it has documented counseling capacity, outreach
capacity, past successful performance and positive outcomes with documented
counseling plans, including foreclosure Mitigation counseling, workout
agreements, and loan modification agreements.
12. My agency certifies that all clients receiving NFIvIC services will be owner-
occupants of their home at the time they receive counseling. Recipients of NFMC
Program-funded foreclosure intervention counseling must, by existing statute, be
owner-occupants of single-family (one to four-unit) properties with mortgages in
default or in danger of default.
13. I certify that neither our agency nor its employees have been indicted for
violation under Federal law relating to an election for Federal office.
14. My agency understands that funds received through the NFMC program will
be subject to recapture if MSHDA staff identifies improper activity through the
audit review process of my agency's client files.
Executive Director Date
Program Manager Date
FISCAL NOTE (MISC. #13I83) 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 (MSHDA) NATIONAL FORECLOSURE MITIGATION COUNSELING PROGRAM
ROUND 7 SUB-GRANTEE 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 foreclosure mitigation
counseling for Oakland County families.
2. The resolution accepts the MSHDA National Foreclosure Mitigation Counseling
Program Agreement totaling $20,870 to provide approximately 81 billable units of
foreclosure mitigation counseling services ($19,050) and for program related support
costs ($1,820).
3. The Division will use the contract revenue to supplement limited federal Community
Development Block Grant funds allocated for housing counseling operation costs.
4. Terms of the agreement will cover work performed by the Community & Home
Improvement Division beginning June 1,2013 through December 31, 2013.
5. No County match is required for this contract.
6. The FY 2013 Special Revenue Fund Budgets for the MSHDA Counseling Grant and
the Community Development Block Grant are amended as specified below:
MSHDA — NFMC Grant (National Foreclosure Mitigation Counseling) #29723
GR0000000644
Revenue
29723-1090680-132210-615571State Operating Grants
Total Revenue
Expenditure
29723-1090680-132210-702240 Info Tech Operations
29723-1090680-132210-731388Printing
29723-1090680-132210-770631 Building Space Allocation
Total Expenditures
Community Development Block Grant #29701
Revenue
29701-1090601-172130-610313 Federal Operating Grants
Total Revenue
Expenditure
29701-1090601-172130-702240Info Tech Operations
29701-1090601-172130-731388 Printing
29701-1090601-172130-770631 Building Space Allocation
Total Expenditures
FY 2013
$20,870
$20.870
$10,762
$ 3,370
$ 6,738
$20 870
($20,870)
($20.870)
($10,762)
($ 3,370)
($ 6,738)
($20,870)
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Long absent.
Resolution #13183 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 46,569A (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