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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