HomeMy WebLinkAboutResolutions - 2014.08.20 - 21464MISCELLANEOUS RESOLUTION #14187 August 20, 2014
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 8 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 34 billable units of foreclosure mitigation
counseling services of up to $300 per household based on the level of service defined by
MSHDA totaling $6,600.00; and
WHEREAS the terms of the agreement shall cover work performed by the Community &
Home Improvement Division during the period of time beginning July 14, 2014 through
December 31, 2014; 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 8 Sub-grantee Agreement totaling $6,600.00 for
providing approximately 34 billable units of foreclosure mitigation counseling services 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.
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.
-
—Pt-A-NING AND BUILDING COMMITTEE
PLANNING AND BUILDING COMMITTEE
Motion carried unanimously on a roll call vote with Gosselin and Runestad absent.
PLEASE NOTE: A REVISED GRANT AGREEMENT IS ATTACHED.
GRANT REVIEW SIGN OFF — Community & Home Improvement
Division
GRANT NAME: National Foreclosure Mitigation Counseling Program Round 8 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: July 30, 2014
Pursuant to Misc. Resolution #13180, please be advised the captioned grant materials have completed internal
grant review. Below are the returned comments.
The captioned grant materials and grant acceptance package (which should include the Board of Commissioners'
Liaison Committee Resolution, the grant agreement/contract, Finance Committee Fiscal Note, and this Sign Off
email containing grant review comments) may be requested to be placed on the appropriate Board of
Commissioners' committee(s) for grant acceptance by Board resolution.
DEPARTMENT REVIEW
Department of Management and Budget:
Approved. —Laurie Van Pelt (7/22/2014)
Department of Human Resources:
HR Approved (No Committee) — Lori Taylor (7/21/2014)
Risk Management and Safety:
Approved by Risk Management. —Robert Erlenbeck (7/21/2014)
Corporation Counsel:
There are no outstanding legal issues with the above grant agreement.— Joellen Shortley (7/30/2014)
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 10a)
hap ://frwebgate. access.goo.gov/cgi-bin/getd_oc.cgi?dbname=broWse usc&docid=Cite:+41USC 1 Oa
HUD Reform Act (24 CFR Part 4.11)
littp ://www. goo. gov/fdsys/pkg/CFR -2004-title24-vol1/pdf/CFR-2004-title24-vo11 -subtit1eA.pdf
Federal Freedom of Information Act
11.4 ://www.rcfp. or g/fog, nd ex .php?i =statutes
Michigan — Freedom of Information Act 442 of 1976 (MCL 15.231)
bttp: //wwvv I egislature.mi .gov/(S_(mxubrn5fIvb5ubay1cp3x0ef1))/milm aspx?page-----getObj ectSzobj eetNarne=m el-15-231
Federal Privacy Act
http://www.rcfp.org/fogg/index.php?i=statutes
Michigan Persons with Disabilities Civil Rights Act — "Act 220 of 1976"
http://www.iegislature.mi.gov/(ug_31xgeltmrj5z55z2uiwv45)/mileg.aspx?page=getobject&objeetname=mel-Act-
220-of-1976&queryid=14718589
Michigan Elliott-Larsen Civil Rights Act — "Act 453 of 1976"
http://www.legisiature.mi.gov/(uq3lxgeltmrj5z55z2uiwv45)/mileg.aspx?page=getobject&obj 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.mi chi gait 8155-74279-- 00 ,litml#w
Michigan State Contracts with Certain Employers Prohibited — Act 278 of 1980
http://www.legislature.mi.gov/(S(ealraey4unclgbv1110s213551)/mi1eg.aspx?page=getObiect&obieetName=mc1-
Act-278-of- 980
MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY
Investing in People. Investing in Places.
1., Equal Opportunity Lander 12r
MSHDA's HOUSING EDUCATION PROGRAM
NFMC Round 8
Sub-Grantee Agreement Addendum
As a designated NFMC Sub-Grantee the funds received through this Grant will not limit the reimbursement your agency receives
for foreclosure counseling services. Once your NFMC activity has been completed the agency will automatically switch to either
its MSHDA Housing Education Program (HEP) funds or National Mortgage Settlement (NMS) funds.
Agency: Effective Date:
Oakland County Community and -tome Improvement Division - Housing Counseling and Homeless Services Unit July 14, 2014
Address of Agency: City: Zip:
Agency Program Contact: Phone Number: Email Address:
Metropolitan Statistical Area(s) To Be Covered: NFMC Funds Awarded:
MSHDA will notify the Sub-Grantee immediately once NFMC Level 1 activity (Intake/Education) is reimbursed at $150 per
activity has been completed, household.
Detroit-Warren-Livonia MSA
Estimated Round 8 Level 1 Funds = $ 3,600.00
Level 2 services (Individual Counseling) is reimbursed at $300
per household,
Estimated Round 8 Level 2 Funds = $ $ 3,000.00
Consent: As a selected NFMC Sub-Grantee our Agency and foreclosure staff agrees to provide foreclosure prevention services
as outlined by MSHDA, NFMC and the National industry Standards. By checking each box below our agency agrees that:
Elt is not receiving NFMC Round 8 funding through another Grantee;
Olt will maintain separate records for revenue and expenses tied to these NFMC funds. The CFDA Number associated to
these funds is 21.000 PL113-76X1350;
OThe amount listed under NFMC Funds Awarded is an estimate of the funds my agency will receive. The actual amount
may be more or less, and is dependent on activity reported by all Sub Grantees covering the Metropolitan Statistical Area(s)
identified above;
Lilt will utilize MATT to capture client-level data and submit NFMC client activity on the 1 and 15 th of each month, or until
services in the MSA identified above have been completed.
It will participate in MSHDA monthly teleconferences and/or other activities held for NFrvic Round 8 SuP-Grantees;
O lt will provide information for quarterly reports based on the schedule included in our NFMC Round 8 Agreement with MSHDA.
By signing below, we acknowledge the information above has been reviewed, and shared with all pertinent parties
within our organization.
Executive Director - Typed Name Executive Director Signature Date
Program Manager—Typed Name Program Manager Signature Date
MICIHGAN STATE HOUSING DEVELOPMENT AUTHORITY
NATIONAL FORECLOSURE MITIGATION COUNSELING PROGRAM
ROUND 8 SUB-GRANTEE AGREEMENT
THIS AGREEMENT, made and entered into as of the 14 th day of July 2014, by and between the
MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY ("MS1-EDA/Grantee"), 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-Flousing 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 program
("NFMC").
B. MSHDA seeks to provide services under NFMC by sub-granting NFMC funds to the Sub
Grantee to provide the services described in Exhibit I of this Agreement, subject to the Willis
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 ru3es of construction set forth in this Section 1.2
shall apply to this Agreement:
a. Exhibits. Any and all Exhibits cited or referenced in this Agreement or attached to this
Agreement are part of this Agreement.
b. Titles and Headings. Titles and headings are inserted in this Agreement for reference
purposes only and will not be used to interpret this Agreement.
c. Articles. All references in this Agreement to "Articles," "Sections" and other
subdivisions are to the corresponding Articles, Sections or other subdivisions of this
Agreement; the words "in this Agreement," "of this Agreement," "under this Agreement"
and other words of similar import refer to this Agreement as a whole and not to any
particular Article, Section Or subdivision of this Agreement.
Pagel ell)
d. Including. Whenever the term "includes" or "including" is used in this Agreement, such
term means, "includes or including by way of example and not limitation."
ARTICLE II.
TERM OF AGREEMENT
Section 2.1 Term of Agreement. The term ofthis Agreement shall cover work performed by
the Sub Grantee (and not previously billed under other MSHDA funding sources) during the period
of time beginning July 14, 2014 and ending December 31, 2014. This Agreement may extend beyond
December 31, 2014 if NFMC offers an extension for the services provided under this Agreement.
This Agreement may be terminated prior to December 31, 2014 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. MSHDA shall be reimbursed for services not
satisfactorily performed by the Sub Grantee.
Section 2.3 Suspension from NFMC. 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, MSE1DA may, at its discretion, suspend the Sub Grantee from the NFMC program.
MSHDA will inform the Sub Grantee of the suspension in accordance with Section 10.1 of this
Agreement. MS1IDA 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 MSRDA, (b) the termination of this Agreement by MSEIDA,
or (c) the expiration of this Agreement.
ARTICLE M.
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 sefvices to all Clients requesting those services.
Page 2 of 10
(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 NFMC Requirements.
(i) The funding for NFMC is made available through the Consolidated Appropriations
Act of 2014 (Public Law 113-76) and is administered by NeighborWorks 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 (NF1VIC) Program are instructed to use the
following number for CFDA tracking of NFMC Round 8 related funds provided by
Neighborhood Reinvestment Corporation: 21.000 PL113-76X1350.
(ii) Sub Grantee will maintain a separate budget for its foreclosure prevention
counseling program, and all NFIVIC funding will be used solely to fund Sub Grantee's
oreclos'ureroran sesex . 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 NFMC objectives
for additional foreclosure counseling, or NFMC -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 MS1IDA an expenditure report for the
use of NFMC funds for the Authority's NFMC Round 8 Final Report. Sub Grantee will also
be required to provide additional information regarding their participation in the NFMC
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
NeighborWorks America shall have the right to use its own employees to perform the
foregoing duties. Grantee and Sub Grantee 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.
(v) All recipients of NFMC 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 NFMC may be provided directly to lenders or
Page 3 of 10
homeowners to discharge outstanding mortgage balances or for any other direct debt
reduction payments.
(vi) Sub Grantee will utilize MATT, MSITDA' s Client Management System (CMS),
to capture all client data required by NFMC for this grant. MSHDA will be responsible for
reporting that data to NFMC.
(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 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
haps ://www.homeown ersb ipstand ard s .com 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 NFMC 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, MSHDA 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
date of the notice, MSHDA may, in its sole discretion, terminate this Agreement in accordance with
Section 2.2 of this 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).
Page 4 of 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 based on MSHDA's Grant Draw Schedule, as defined by NFMC, 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
NFMC.
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 MSFIDA,
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 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
Page 5 of 10
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 (5) 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 MSBDA to assure a proper account for all costs. Upon request these records
will be made available for audit purposes to NFMC and/or NFMC's authorized representative/s or
MSHDA and/or MSHDA's authorized representative/s. Upon request records will also be made
available to the Auditor General of the State of Michigan, or any authorized representative/s. All
records under NFMC 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
Item 23 of the Sub Grantee's current Agreement for Professional Services with the Michigan State
Housing Development Housing Education Program.
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 8 activity is as follows:
(i.) First quarterly report covers the period October 1, 2013 through June 30, 2014.
Report is due to NFMC August 1,2014.
(ii.) Second quarterly report covers the period July 1, 2014 through September 30,
2014. Report is due to NFMC November 1, 2013.
(iii,) Third and final quarterly report covers the period October 1, 2014 through
December 31, 2014. Report is due to NFMC February 1, 2015.
(iv.) Final report due covering all programmatic and expenditure activity. Report is due
to NFMC March 31, 2015.
Page 6 of 10
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 14 days 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, information on
current financial status, notes on counseling sessions, and any other information regarding 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.
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, 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.
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
hotriebuyer 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 MSHDA 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 website at
http: //www. m ichigan .gov/m dc s/0,1607,7- 147-6877_8155 --,00. html.
Section 8.3 No Gifts. By entering into this Agreement, the Sub Grantee confirms that it,
nor any of its officers, employees, or agents have provided any gifts and will not provide any gifts,
payments or other inducements to any officer, employee or agent of MSHDA.
Page 1 of 10
Section 8.4 List of Potential Conflicts of Interest. Prior to execution of this
Agreement, the Sub Grantee shall provide MSHDA a written list of all interests of the Sub Grantee,
or its officers and employees, which may create conflicts between the interests of those parties and
the interests of MSITDA under this Agreement. The Sub Grantee acknowledges that its employees,
members, shareholders, agents, or independent Sub Grantees prior to or during the term of this
Agreement are not employees of the State of Michigan or its units. Should a conflict of interest arise
during the term of this Agreement, the Sub Grantee shall contact MSELDA's Director of Legal Affairs
immediately and describe in detail the conflict of interest.
Section 8.5 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 9.1 Independent Sub Grantee Status. MSHDA shall retain the Sub Grantee as an
independent contractor, and the Sub Grantee hereby accepts this independent contractor relationship,
upon the terms and conditions set forth in this Agreement. Nothing in this Agreement shall be
construed to create the relationship of employer and employee between 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 contractors. 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, if applicable. Sub Grantee shall provide evidence of its status as a tax
exempt entity if requested by 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 (including courier) or when such delivery is refused, or (ii) when delivered by
registered or certified mail (return receipt requested) or when such delivery is refused, or (iii) when
delivered by a nationally recognized overnight delivery service which maintains records of time,
place, and recipient of delivery, in each case to the parties at the following addresses or to other
Page 8 of 10
addresses as may be furnished in writing by one party to the other in accordance herewith:
Authority: Homeownership Division
Homeownership Counseling Program
Michigan State Housing 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 Counseling and Homeless Services Unit
250 Elizabeth Lake Road, Suite 1900
Pontiac, Michigan 48341
All other notices, consents, or communications required by or concerning this Agreement, exclusive
of those concerning the Sub Grantee's termination or resignation, or non-renewal of this Agreement,
will be in writing and shall be deemed given when sent via U. S. Mail, Courier, Commercial Delivery
Service, Facsimile or Electronic Mail. To the extent that 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 Successors and Assigns; Parties in Interest. This agreement shall be binding
on and inure to the benefit of the parties to it and their successors. The obligations, interests and
responsibilities of the 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.
Page 9 of 10
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 PARTIFS 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:
Carol Brito
Its: Program & Business Development Manager
Homeownership Division
Oakland County through its
Community and Home Improvement Division
Housing Counseling and Homeless Services
Date: By:
Print/Type Name of Signatory:
Its:
Federal Employer Identification Number
Page 10 of 10
EXHIBIT I Round 8 National Foreclosure Mitigation Counseling (NFMC) Services and Reimbursement Schedule 00:01100.„PrtiVidetri NFMC Level 1 $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 8 Counseling Guidelines. NFMC Level 2 $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. A Single or Tr-Merge Credit Report is required. , For a more detailed explanation of these steps, refer to NFMC Round 8 Counseling Guidelines. NFMC Level 4a and 4b 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 NFMC Round 8 Counseling Guidelines. Level 4a - $300 Level 4b -$150 Individual Intake Based on client needs 5/2013 Page 1 of 1
Exhibit II
NFMC Round 8 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 8 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 infounation 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.
fl 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
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 peuoit 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.
fl 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 licensure."
8. My agency currently uses CounselorMax, Nstep, or Home Counselor Online
OR uses an alternative client management system (for all MSHDA 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, 2016, 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.
fl 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 NFMC 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
Oakland County through its
Community and Home Improvement Division
Housing Counseling and Homeless Services Unit
Program Manager Date
Oakland County through its
Community and Home Improvement Division
Housing Counseling and Homeless Services Unit
EXHIBIT III — Verification of Agency Staff Providing NFIVIC Round 8 Counseling Services
This document was emalled to Sub Grantees for completion. Please insert your completed document
here. Thank You!
Years of Program Management Experience: Agency Name: Authorized Agency Representative: Title: Date Completed: Agency Federal ID Number Bilingual: Language(s): Z Yes Spanish ci No French FEZ EXHIBIT III — VERIFICATION OF AGENCY STAFF PROVIDING NFMC ROUND 8 COUNSELING SERVICES Acknowledgement As the person authorized to sign for our agency, I certify that the foreclosure counselors listed in this document are currently employed by our organization to provide foreclosure counseling: Please use the format shown in this Example to provide the information on the following pages for your foreclosure counselors: EXAMPLE Counselor Name: Title: Email Address: Business Phone: Joe Sample Foreclosure Counselor Jsample@agency.org 51T555.2222 Foreclosure related training attended within the past 2 yrs. Certifications received within the past 2 • (MUST be completed in this format): yrs. (MUST be completed in this format): o CO 0 Y., u) 0 0 g I— 0 o Certified Foreclosure Counselor Z Yes LI No E 1. — H0109 — 8/2013 0 3. NW — H0345rq — 6/2013 1. NCHEC - Foreclosure -8/2013
EXHIBIT III - VERIFICATION OF AGENCY STAFF PROVIDING NFMC ROUND 8 COUNSELING SERVICES Agency Name: Counselor Name: Title: Email Address: Business Phone: Certified Foreclosure Counselor: Language(s). 0 >, ° ° - .-y- - o o0IP- ....o 3 o °- 5 — o — c E ..c in Eo C ° '• ti) I' T.) w m . 4u -62'650 l- o o 0 Foreclosure related training yrs. (Use format shown attended within the past 2 Certifications received within the past 2 in Example): yrs. (Use format from Example): 1 2 3 1 2 3 M Yes II No Bilingual: 0 Yes E] No Counselor Name: Title: Email Address: Business Phone: Certified Foreclosure Counselor: 0 Yes 1:1 No Weekly hours worked in foreclosure program Total # of foreclosure clients counseled in career Foreclosure related training yrs. (Use format shown 1 2 3 attended within the past 2 Certifications received within the past 2 in Example): yrs. (Use format shown in Example): 1 2 3 Bilingual: D Yes Language(s): • No Counselor Name: Title: Email Address: Business Phone: Certified Foreclosure Counselor: El Yes 0 No Weekly hours worked in foreclosure program Total # of foreclosure clients counseled in career Foreclosure related training yrs. (Use format shown 2 attended within the past 2 Certifications received within the past 2 in Example): yrs. (Use format shown in Example): 2 Bilingual: 0 Yes D No Language(s): 2
EXHIBIT III VERIFICATION OF AGENCY STAFF PROVIDING NFMC ROUND 8 COUNSELING SERVICES Agency Name: Counselor Name: Title: Email Address: Business Phone: Certified Foreclosure Counselor: • Yes 0 No Weekly hours worked in foreclosure program Total # of foreclosure clients counseled in career Foreclosure related training Vrs. (Use format shown attended within the past 2 Certifications received within the past 2 in Example): yrs. (Use format from Example): 1 2 3 1 2 3 Bilingual: 0 Yes 0 No Language(s): Counselor Name: Title: Email Address: Business Phone: Certified Foreclosure Counselor. 0 Yes • No Bilingual: • Yes 0 No Language(s): VVeekly hours worked in foreclosure program Total # of foreclosure clients counseled in career Foreclosure related training attended within the past 2 yrs. (Use format shown in Example): 1 2 3 Certifications received within the past 2 yrs. (Use format shown in Example): 1 2 3 Counselor Name: Title: Email Address: Business Phone: Certified Foreclosure Counselor: I=1 Yes 0 No Weekly hours worked in foreclosure program Total # of foreclosure clients counseled in career Foreclosure related training yrs. (Use format shown attended within the past 2 Certifications received within the past 2 in Example): yrs. (Use format shown in Example): 1 2 3 1 2 3 Bilingual: Ill Yes D No Language(s): , 3
EXHIBIT III VERIFICATION OF AGENCY STAFF PROVIDING NFIVIC ROUND 8 COUNSELING SERVICES Agency Name: Counselor Name: Email Address: Business Phone: Certified Foreclosure Counselor: • Yes • No Weekly hours worked in foreclosure program Total # of foreclosure clients counseled in career Foreclosure related training yrs. (Use format shown attended within the past 2 Certifications received within the past 2 in Example): yrs. (Use format from Example): 1 2 3 1 2 3 Bilingual: ill Yes El No Language(s): . - .. Counselor Name: Title: Email Address: Business Phone: Certified Foreclosure Counselor: El Yes 0 No Weekly hours worked in foreclosure program Total # of foreclosure clients counseled in career Foreclosure related training yrs. (Use format shown attended within the past 2 Certifications received within the past 2 in Example): yrs. (Use format shown in Example): 1 2 3 1 2 3 Bilingual: • Yes D No Language(s): Counselor Name: Title: Email Address: Business Phone: Certified Foreclosure Counselor: 0 Yes 0 No Weekly hours worked in foreclosure program Total # of , foreclosure clients counseled in career Foreclosure related training yrs. (Use format shown 1 2 3 attended within the past 2 Certifications received within the past 2 in Example): yrs. (Use format shown in Example): 1 2 3 Bilingual: D Yes LI No Language(s): ...4:4. - - 4
FISCAL NOTE (MISC . #14187) August 20, 2014
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 8 SUB-GRANTEE
AGREEMENT FOR COUNSELING SERVICES
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 $6,600 to provide approximately 34 billable units of foreclosure mitigation counseling services.
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 July 14, 2014 through December 31, 2014.
5. No County match is required for this contract.
6. A budget amendment is recommended as follows:
MSHDA— NFMC Grant (National Foreclosure Mitigation Counseling) #29723
GR0000000644 Activity GLB, Analysis Type GLB, Bud Ref 2014
FY 2014 FY2015-17
Revenue
29723-1090680-132210-615571 State Operating Grants $6,600
Total Revenue $6,600
Expenditure
29723-1090680-132210-774636 Info Tech Operations $6,600
Total Expenditures $6,600
Community Development Block Grant #29701
GR0000000632 Activity GLB, Analysis Type GLB, Bud Ref 2013
$6,600
$6,600
$6,600
$6,600
Expenditure
29701-1090601-172130-774636Info Tech Operations ($6,600) ($6,600)
29701-1090601-172160-731521 Public Services $6,600 $6,600
Total Expenditures
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Zack absent.
Resolution #14187 August 20, 2014
Moved by Taub supported by McGillivray the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Dwyer, Gosselin, Hatchett, Hoffman, Jackson, Matis, McGillivray, Middleton, Quarles,
Runestad, Scott, Spisz, Taub, VVeipert, Woodward, Zack, Bosnic, Crawford. (18)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended
Consent Agenda were adopted (with accompanying reports being accepted).
4
I HEARIN APPROVE THIS RESOLUTION
CHEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45.559A (7)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on August 20,
2014, 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 20th day of August 2014.
h/det_}
Lisa Brown, Oakland County