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HomeMy WebLinkAboutResolutions - 2014.12.11 - 21625MISCELLANEOUS RESOLUTION #14296 December 11,2014 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 ROUND 6 NATIONAL MORTGAGE SETTLEMENT GRANT FOR HOMEOWNERSHIP COUNSELING SERVICES - ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies, and Gentlemen: WHEREAS the Michigan State Housing Development Authority ( MSHDA) Homeownership Counseling Program is funded through monetary sanctions and relief from the National Mortgage Settlement (NMS) with five leading bank mortgage servicers; and WHEREAS the MSHDA Homeownership Counseling Program is a statewide network of counseling agencies that provides comprehensive homeownership and foreclosure services; and WHEREAS MSHDA has awarded $19,163 to the Oakland County Community & Home Improvement (CHI) Division's Housing Counseling and Homeless Services Unit as a MSHDA housing counseling agency to perform a full range of foreclosure related counseling for Oakland County families in accordance with adopted National Industry Standards for Homeownership Education and Counseling and MSHDA Housing Education Program policies and guidelines; and WHEREAS MSHDA shall pay the Division to provide approximately 110 billable units of foreclosure related services ranging from $50 to $250 per household up to $18,250 and $913 for administration; and WHEREAS the terms of the agreement shall fund foreclosure prevention counseling performed by the Division's MSHDA certified Housing Counselors during the period of time beginning December 1, 2014 through September 30, 2016; and WHEREAS the Division shall use the revenue to supplement federal Community Development Block Grant and Housing Counseling Grant funds allocated for the housing counselors salaries and fringe benefits including one (1) SR FTE CHI Specialist position (1090680-10806), one (1) SR FTE Senior CHI Specialist position (1090680-00730), one (1) SR FTE CHI Coordinator position (1090611-06098) and one (1) SR FTE Housing Counseling & Homeless Services Supervisor (1090680-03354) and one (1) SR FTE CHI Technician position (1090611-01457); and WHEREAS acceptance of this contract does not obligate the County to any future commitment; and WHEREAS this agreement has been reviewed and approved through the County Executive's Grant Acceptance Review Process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts the Michigan State Housing Development Authority National Mortgage Settlement Grant totaling $19,163 to provide approximately 110 billable units of foreclosure related counseling services for Oakland County families. BE IT FURTHER RESOLVED the revenue will be used to supplement the federal Community Development Block Grant and Housing Counseling Grant funds allocated for the housing counselors salaries and fringe benefits from December 1, 2014 through September 30, 2016. BE IT FURTHER RESOLVED that housing counseling services shall be performed in accordance with adopted National Industry Standards for Homeownership Education and Counseling and MSHDA Housing Education Program policies and guidelines. BE IT FURTHER RESOLVED that acceptance of this grant does not obligate the County to any future commitment. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE PLANNING AND BUILDING COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Runestad absent. NATIONAL MORTGAGE SETTLEMENT FUNDS Grant iiNMS-2014 Oakland County Community & Home Improvement Division-00015 MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY 735 East Michigan Avenue, Lansing, Michigan 48912 THIS AGREEMENT made and entered into as of December 1, 2014, by and between Oakland County Community & Home Improvement Division, a Michigan nonprofit corporation, whose address is Oakland Pointe, Suite 1900, 250 Elizabeth Lake Rd, Pontiac, Michigan 48341 (the "Grantee"), and the Michigan State Housing Development Authority, a public body corporate and politic of the State of Michigan, whose address is 735 East Michigan Avenue, Lansing, Michigan 48912 ("the Authority"). RECITALS: A. Section 110(3) and Section 604 of P.A. 296 of 2012 provide that the Authority shall use monies from the National Mortgage Settlement Fund (the "NMS") for foreclosure related services and legal aid for homeowners, under a plan approved by the Attorney General. The Attorney General has reviewed and approved the Authority's plan for distribution of the funds. B. The Grantee represents to the Authority that it fully intends to undertake or continue a program planning for or implementing foreclosure related services. C. The Authority has agreed to grant Grantee an amount not to exceed Nineteen Thousand One Hundred and Sixty-Three Dollars ($19163) (the "Grant") and shall be identified as NMS-2014-Oakland Conn- 00015 for a program more specifically described and incorporated into this Agreement as Exhibit A - Scope of Work (the "Scope of Work"). D. The Authority, as a public body, is charged with the responsibility of regulating the use of funds advanced by it to assure that such funds are being used for purposes and in a manner that are in accordance with the Act 346 of the Michigan Public Acts of 1966, as amended (the "Act") and the Authority's General Rules, being R 125.101 et seq. (the "Rules"). E. The Authority has agreed to make the Grant to the Grantee on the condition that the Grantee agrees to the terms and conditions set forth below. NOW, THEREFORE, in consideration of and as a condition to receiving the Grant, the Grantee agrees that: 1. The terms and conditions set forth herein are a reasonable and appropriate means to assure the use of funds in accordance with the Act and the Rules. 2. All aspects of the Grantee's plan for the use of the Grant are specifically described in the Program incorporated herein, as the Scope of Work, and the Grantee will operate the Program as described in the Scope of Work. 3. All actions of the Grantee and requirements of the Grantee's NMS Program as described in the Scope of Work are subject to the terms of this Agreement, the provisions of the Act and Rules. 4. Authority staff has complete autonomy when verifying Grantee's compliance with its Scope of Work. Authority staff will perform audits to ensure compliance with this Agreement, the Act and the Rules. The Grantee will provide any books, records or documents that relate to the Grant in the form the Authority requests. Additionally, the Grantee will deliver the books, records and documents to the address outlined in Provision 6, 5. Disbursement of Grant funds shall be made as outlined in the attached Scope of Work. 6. If any advance or a portion of the Grant is not used for the purposes for which fund were intended as outlined in the Scope of Work, the Grantee must notify the Authority immediately. If it is determined that the Grantee inappropriately used any portion of funds; unused funds as well as funds the Authority deems necessary to recapture must immediately be returned to the following address: MSHDA's Homeownership Division Housing Education Program (NMS) 735 E Michigan Avenue Lansing, Michigan 48909 7. Any of Grantee's activities that are assisted by the use of Grant proceeds and the selection of persons for participation in the Program shall not discriminate against any individual on the grounds of race, color, creed, religion, height, weight, sex, age (except for a development specifically designed for elderly occupants), national origin, handicap, or marital or familial status except as provided by law. The Grantee shall comply with all requirements imposed by Title VIII of the Civil Rights Act of 1968 (as amended by the Fair Housing Amendments Act of 1988), the Americans with Disabilities Act, the Elliott-Larsen Civil Rights Act, and the Michigan Handicappers Civil Rights Act. 8. The Grantee assumes responsibility for any and all costs to implement the Grantee's NMS Program exceeding the amount of the Grant. 9. In the event of a violation of any of the provisions of this Agreement, the Authority will notify the Grantee in writing of the violation and the Grantee will have a 30-day period in which to correct the violation. In the event the violation is not corrected to the satisfaction of the Authority within the time prescribed herein, the Authority may: a. immediately terminate the Grant, without further notice, in writing signed by the Authority's Homeownership Director; and b. pursue any other remedy provided by State of Michigan Law. The Grantee hereby agrees that an election by the Authority to pursue any one remedy shall not be construed to preclude or be a waiver of the right to pursue any other remedy available to it. 10. The term of this Agreement shall commence on December 1, 2014 and will continue until funds have been exhausted and/or the program sunsets on September 30, 2016. 11. The invalidity of any clause, part, or provision of this Agreement shall not affect the validity of the remaining portion hereof 12. This Agreement can be executed in several counterparts and will continue to have the same binding effect. 13. Grantee will be responsible for all claims arising out of its performance of this Agreement as provided by this Agreement or by law. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year shown above. Oakland County, A MICHIGAN NONPROFIT CORPORATION By: Print Name: Title: Date: MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY By: Clarence Stone Its: Director - Legal Affairs Division Date: Exhibit A - Scope of Work Round 6 National Mortgage Settlement (NMS) Fund Grant Agreement NMS-2014-0akland Coun-00015 Program Activities: The Grantee, Oakland County, is an Authority approved housing counseling agency and will utilize this non-repayable Grant in the amount of $19163 to facilitate: Comprehensive Foreclosure Services to households in Michigan impacted by the foreclosure crisis. Services must be provided in accordance to the National Industry Standards for Homeownership Education and Counseling (NISHEC), HUD, and Authority's Housing Education Program Policy Manual and Counseling Service Guidelines. Comprehensive Financial Capability Services to households that endured a hardship which ultimately lead them to struggle with their mortgage, as well as clients that may have transitioned out of their home due to foreclosure, bankruptcy or other hardships. Services must be provided in accordance to the National industry Standards for Homeownership Education and Counseling (NISHEC), HUD, and the Authority's Housing Education Policy Manual and Counseling Service Guidelines. Provide matching funds for the host sites that received a CEDAM or United Way AmeriCorps Member for the 2014-2015 and/or 2015-2016 program year. Authority responsibilities: Work Performed or provided prior to the terms of this agreement shall not be eligible for payment. 1. The Authority will disburse Three Thousand Forty-Two Dollars ($3042) to the Grantee to provide comprehensive Foreclosure Services upon approval of the Grantee 's Agreement, including the Grantee's Scope of Work. Subsequent quarterly NMS Round 6 funds will be based on reporting compliance, client numbers reported, and based on exhausing threshold amount of Grantees previous disbursement . Additional disbursements of up to Three Thousand Forty-Two Dollars ($3042) will be made quarterly. 2. The Authority will disburse Zero Dollars ($0) to the Grantee to provide comprehensive Financial Capability Services upon approval of the Grantee's. Agreement, including the Grantee's Scope of Work. Subsequent quarterly NMS Round 6 funds will be based on reporting compliance, client numbers reported, and based on exhausting threshold amount of Grantees previous disbursement. Additional disbursements of Zero NMS Round 6 Dollars ($0) will be made quarterly. 3. The Authority will disburse Zero Dollars ($0) to the Grantee to provide matching funds for host sites that have received a CEDAM and/or United Way AmeriCorps Member based on submission of CEDAM and/or United Way AmeriCorps Member Invoice(s) for the 2014-2015 Program Year. An additional disbursement of Zero Dollars ($0) will be made based on submission of CEDAM and/or United Way AmeriCorps Member Invoice(s) for the 2015-2016 Program Year. 4. The Authority will disburse Four Hundred and Fifty-Seven Dollars ($457), half of the Grantee's Administrative Costs upon approval of the Grantee's Agreement, including the Grantee's Scope of Work. The second and final half of Grantee's Administrative Costs of Four Hundred and Fifty-Seven Dollars ($457) will be disbursed no later than October 1, 2015, based on reporting compliance, client numbers reported and based on exhausting threshold amount of Grantees previous quarterly disbursement(s). 5. Review quarterly and cumulative reports submitted by Grantee and openly communicate with Grantee about its performance. 6. Conduct compliance reviews and/or audits based on National Industry Standards ("NIS") and Authority's Housing Education Program Policy Manual and Service Guidelines. 7. Report to legislature and/or other stakeholders as required or requested. Grantee responsibilities: 1. The Grantee shall be an Adopter and provide services in accordance with the National Industry Standards for Homeownership Education and Counseling (NISHEC). 2. The Grantee shall maintain its status with the Authority's Housing Education Program (HEP) and provide the Housing Education Services in accordance with the Authority's HEP Policy Manual and Counseling Service Guidelines. 3. The Grantee shall ensure that only Authority's Certified Counselors with NeighborWorks Financial Capability training provide comprehensive Financial Capability Services assuring all critical eight (3) components are present for each participant as outlined in the Authority's HEP Policy Manual and Counseling Service Guidelines. 4. The Grantee shall maintain their ability to provide comprehensive Foreclosure Services and shall coordinate Foreclosure Services assuring all critical components are present for each participant as outlined in the Authority's HEP Policy Manual and Counseling Service Guidelines. 5. The Grantee shall utilize designated Grant funds as match funds for Grantees awarded AmeriCorps Member. S. Grantee may be required to undergo a comprehensive analysis of their counseling program. Grantee must agree to incorporate recommendations and industry best practices within their agency for providing counseling services and participate in any training identified as a result of the Authority staff review or audit. Failure to do so may result in the recapture of funds. 7. The Grantee shall deposit the grant funds into an established account at its financial Exhibit A - Scope of Work 2 NMS Round 6 institution, and utilize funds appropriately based on their NMS Application for funding. If the account is interest bearing, the Grantee may use the earned interest for administrative expenses. 8. If by the date on which teh grant expires (September 30, 2016), any Grant proceeds (a) have not been disbursed or (b) have not been used for purposes eligible under this grant as outlined under Program Activities, then the Grantee will, within 30 days of the grants expiration, refund the sum of the undisbursed proceeds to the Authority. Grantee reporting requirements: 1. Grantees must follow the three steps below when determining which order Education Program Funds are used: a) First - National Foreclosure Mitigation Counseling (NFMC) sub-grantees must bill eligible services towards their NFMC activity. b) Next - If Grantee is not an NFMC sub-grantee or NFMC activity has been completed; Grantee would utlize NMS funds for eligible Foreclosure Services. c) Finally - If NFMC and NMS funding has been exhausted, then Grantee should utilize Housing Education Program (HEP) award. d) If Grantee has not exhausted NMS Foreclosure Funds from Rounds 1-5, Grantee must exhaust those funds prior to utilizing Round 6 Foreclosure Service Funds. 2. The Grantee shall provide quarterly and cumulative reports indicating the status and effectiveness of activities performed utilizing NMS funds. Acceptable reports include but are not limited to; i. Monthly Personnel Activity Reports for all housing counseling staff salaries and benefits. MATT 2.0 number of homeowners assisted household demographics - type and level of service provided and the outcomes achieved iii. Administrative Costs must have documentation such as invoices and/or negotiated indirect cost rate agreement (MORA) to back up amounts and must be maintained by Grantee for audit purposes. iv, Actual use of funds as well as any additional reports the Authority requests. v. Meet with Authority staff to discuss programs progress and content of reports. 3. Reports must be uploaded in MATT 2.0 in accordance with the following schedule and shall continue until NMS funds have been exhausted and/or the program sunsets on September 30, 2016: May 15th for the period of December 1,2014 to March 31, 2015 August 15th for the period of April 1,2015 to June 30, 2015 November 15th for the period of July 1,2015 to September 30, 2015 • February 15th for the period of October 1, 2015 to December 31, 2015 • May 15th for the period of January 1,2016 to March 31, 2016 • August 15th for the period of April 1,2016 to June 30, 2016 • Final Report - December 1,2014 to September 30,2016 Exhibit A - Scope of Work NMS Round 6 3 Sub Total Annual Amount (Sub Total 2) Administrative Costs Sub Total Annual Amount (Sub Total/ 2) $0 $0 • $913 $913 $457 $0 $0 $913 $913 $457 $0 $0 $913 $913 $457 IntelliGrants -Document Page Home Agency Bills Applications Client Profiles CO Activities Grants FSR's Partnership Profiles Progress Reports MMS Contracts MMS Progress Reports Page 1 of 2 Orgariltallon(s} Profile I Logout sack Document Information: NMS-014-Oakland Coun-00015 Parent Information: NMS-2014-385-01 ;,Detalls You are here: > Grant Menu > Forms Menu GRANT BUDGET Term Begin Date: 7/1/2014 Term End Date: 6/30/2015 Funding Source: National Mortgage Settlement Fund IANNO;TEj K OBA)-, ORSJ Component-Activity Financial Capabilities Sessions 1-8 1. Mastering Money Management 2. Debt Reduction 3. Banking Basics 4, Insurance 5, Developing a Spending Plan 6. Improving Credit Ratios & Savings 7, Consumer Protection 8, Fair Housing and Fair Lending Specialist Requested Funds Approved Funds Recommendation Sub Total Quarterly Amount (Sub Total 61 Hardest HitApplication Intake Foreclosure - Intake and Education Foreclosure - Group Workshop Foreclosure - Individual Counseling Sub Total Quarterly Amount (Sub Tote: / 6) AmeriCorps Member Match for 2014-2015 ArnenCorps Member Match for 2015-2016 $0 $0 $O $0 $0 $O $11,250 $11,250 $11,250 $2,000 $2,000 $2,000 so $0 $5,000 $5,000 $5,000 $18,250 $18,250 $1 8,250 $3,042 $3,042 $3,042 $0 $0 $0 $0 GRAND TOTAL $19,163 $19J 63 $19,163 Navigation Links Status Page Name grant Budget grant Documents Note Created By Bribe, Ms. Carol 10/29/2014 11:3 / :43 AM Anderson, Jacinda 10/31/20149:58:21 AM Last Modified By Gilmer!, Tara 10/30/2014 12;56:53 PM ITEM #1 httris://rnslida-matt.onr/OhiectPwe2.asnx?omn ID=1 fif.157&ng-effi=1.1 1 612 11 /U201 4 FISCAL NOTE (MISC . #14296) December 11,2014 BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS - COMMUNITY & HOME IMPROVEMENT DIVISION - MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY ROUND 6 NATIONAL MORTGAGE SETTLEMENT GRANT FOR HOMEOWNERSHIP COUNSELING SERVICES — ACCEPTANCE TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The resolution accepts the Michigan State Housing Development Authority (MSHDA) Housing Education Program National Mortgage Settlement (NMS) Round 6 grant funding to Department of Economic Development & Community Affairs in the amount of $19,163 for the period of December 1, 2014 through September 30, 2016. 2. The grant award includes $19,163 to provide approximately 110 billable units of foreclosure related services ranging from $50 to $250 per household up to $18,250 and $913 for administration. 3. The Division will use the revenue to supplement federal Community Development Block Grant and Housing Counseling Grant funds allocated for the housing counselors salaries and fringe benefits including one (1) SR FTE CHI Specialist position (1090680-10806), one (1) SR FTE Senior CHI Specialist position (1090680-00730), one (1) SR FTE CHI Coordinator position (1090611- 06098) and one (1) SR FTE Housing Counseling & Homeless Services Supervisor (1090680-03354) and one (1) SR FTE CF-11 Technician position (1090611-01457). 4. No grant match is required. 5. FY 2015 Budget Amendment is recommended as follows: MSHDA-NMS Grant #29724 GR0000000702 Activity GLB, Analysis Type GLB, Bud Ref 2014 Revenue 1090680-132210-615571 State Operating Grants Total Revenue Expenditure 1090680-132210-702010 Salaries 1090680-133210-722740 Fringes Total Expenditure Community Development Block Grant #29701 GR0000000680 Activity GLB, Analysis Type GLB, Bud Ref 2014 Expenditure 1090601-172130-702010 Salaries 1090601-172160-731521 Public Services Total Expenditures FY 2015 $19,163 $19,163 $11,498 $ 7,665 $19,163 ($19,163) $19,163 $ 0 FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Long and Quarles absent. Resolution #14296 December 11, 2014 Moved by Crawford supported by McGillivray the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES: Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic, Crawford. (20) 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). V HEREBY APPROVE THIS RESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO MCI 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 December 11 th, 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 11 th day of December 2014. Lisa Brown, Oakland County