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HomeMy WebLinkAboutResolutions - 2014.07.16 - 21875HUMAN RE2t5154iCES COMMIT-TEE REPORT (MISC. #14157) July 16, 2014 BY: Human Resources Committee, John Scott, Chairperson IN RE: Economic Development & Community Affairs Department, Community & Home Improvement Division — FY 2014 Michigan State Housing Development Authority Housing Education Program Agreement for Counseling Services - Acceptance To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Human Resources Committee, having reviewed the above referenced resolution on July 9 2014, reports with the recommendation that the resolution be adopted. Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing report. HUMAN RESOURCES COMMITTEE: Motion carried unanimously on a roll call vote with Runestad abrt. 4.• MISCELLANEOUS RESOLUTION #14157 July 16, 2014 BY: PLANNING AND BUILDING COMMITTEE, JIM RUNESTAD, CHAIRPERSON IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS — COMMUNITY & HOME IMPROVEMENT DIVISION — FY 2014 MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY HOUSING EDUCATION PROGRAM AGREEMENT FOR COUNSELING SERVICES — ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies, and Gentlemen: WHEREAS the Michigan State Housing Development Authority (MSHDA) administers a Housing Education Program (HER) which is a network of counselors who provide homebuyer education and foreclosure prevention services; and WHEREAS MSH DA has awarded $42,000.00 to the Community & Home Improvement Division's Housing Counseling and Homeless Services Unit to perform group and/or individual homebuyer education and mortgage delinquency and default housing counseling for Oakland County families in accordance with adopted National Industry Standards for Homeownership Education and Counseling, and WHEREAS the Authority shall pay the Oakland County Community & Home Improvement Division to provide approximately 230 billable units of housing counseling services ranging from $150 to $200 per household not to exceed $40,000.00 and $2,000.00 for administrative fees; and WHEREAS the housing counseling services will be performed in accordance with National Industry Standards for Homeownership Education and Counseling; and WHEREAS the terms of the agreement shall cover work performed by the Community & Home Improvement Division during the period of time beginning July 1,2014 through June 30, 2015; and WHEREAS the Division shall use the revenue to supplement the federal Community Development Block Grant and Housing Counseling Grant funds allocated for the housing counselors salaries and fringe benefits including one (1) SR FTE Housing Counseling and Homeless Services Supervisor position (1090680-03354), one (1) SR FTE Senior Community and Home Improvement Specialist position (1090680-00730), one (1) SR FTE Community and Home Improvement Specialist position (1090680-10806), one (1) SR FTE Community and Home Improvement Technician position (1090611-01457), and one (1) SR FTE Community and Home Improvement Coordinator position (1090611-06098), and WHEREAS the 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 FY 2014 Michigan State Housing Development Authority Housing Education Program Agreement totaling $42,000.00 to provide approximately 230 billable units of group and/or individualized homebuyer education or foreclosure prevention 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 July 1,2014 through June 30, 2015. 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 Chairperson of the Board of Commissioners is authorized to execute the grant agreement and to approve any grant extensions or changes, within fifteen percent (15%) of the original award, which are consistent with the original agreement as approved. BE IT FURTHER RESOLVED that the acceptance of this contract does not obligate the County to any future commitment. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE PLANNING & BUILDING COMMITTEE Motion carried unanimously on a roll call vote with Woodward abSent. GRANT REVIEW SIGN OFF — Community & Home Improvement Division GRANT NAME; Program Year (PY) 2014/2015 Housing Education Program FUNDING AGENCY: Michigan State Housing Development Authority (MSHDA) DEPARTMENT CONTACT PERSON: Karry Rieth 248 858-5403 STATUS: Grant Acceptance DATE: June 23, 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 (6/11/2014) Department of Human Resources: HR Approved (Need HR Committee) — Lori Taylor (6/13/2014) Risk Management and Safety: Approved with Modification. 1. Page 3, item 5. Insurance, of the Agreement for Professional Services in various places requires the County to secure and maintain insurance issued by insurers of recognized responsibility. Oakland County is self-insured for many liability exposures and therefor does not comply with this section of the agreement as currently stated. I recommend that a modification to this section be made that inserts "or self-insured" immediately after each location that identifies "insurance" as a requirement. I have attached a certificate of self-insurance to this response for your use. 2. Page 12, item 16 Indemnity and Non-Limitation. I defer the review and recommendation of this section to Corporation Counsel. — Robert Erlenbeck (6/12/2014) Corporation Counsel: This Agreement has been sent to MSHDA with a request to approve two changes in the grant. One request is to delete the indemnification requirement and substitute alternative liability language. The second request is to delete the requirement for the County to pay taxes. —Joellen Shortley (6/17/2014) COMPLIANCE The grant agreement references a number of specific federal and state regulations. Below is a list of these specifically cited compliance related documents for this grant, Federal Freedom of Information Act http://www.rcfp.org/foggiindex.plin?ista.tutes Michigan — Freedom of Information Act 442 of 1976 (MCL 15.231) http:fiww-w.legislature,mi.gov/(S(mKubm5flvb5.ubaylcp3x0ef1))/mileg.aspx?paze=getObject&obiectiName=mci-15-231 Federal Privacy Act littr)://www.rcfp. org/foprg/i ndex. plip?i=statutes Michigan Persons with Disabilities Civil Rights Act —"Act 220 of 1976" http://www.legislature.mi.v_ov/( uq31x,g,eltrrtri5z55z2LIIWV45)/Illi leg..aspx?page—getobiecktobj eetname=mcl-Act-220-o-f-1976Lquervid---14718589 Michigan Elliott-Larsen Civil Rights Act — "Act 453 of 1976" littp ://www I s I ature, ml ,gov/{ m.13 I xgeltmij5z55z2tiiwv45)/iii iieR.aspx7pa2:ezetobi ect&obj ectnam e=mc I -AcT- 453-of-i9768:;quervId=14718540 Michigan State Contracts with Certain Employers Prohibited — Act 278 of 1980 http://www.lezislature.mi.QDO(S(ealraqy4unclgbvh10s21355))/mi I eg. aspx?pan=2etObj ect&obj ectN arne—mcl-Act-278-of-1980 Act 95 of 2007 http://www.legis1ature.mi .govidocuments/2007-2008/publicact/htn-1/2007-PA-0095.htm Lobbying with Appropriated Moneys (18 USC 1913) littp iluscode,house.voviview.x.html?recF(title: I 8%20section:1913%20edition:prelim) National Labor Relations Act (29 USC 158) htip://www.R-po.govifdsys/pkg/USCODE-2010-title29/1-Itml/USCODE-20 I 0-title29-ehap7-subchaplI,him From: To: Cc: Subject: bate: VanPelt, Laurie "West, Catherine"; "luile Secontine; "Lon Taylor"; "Pat Davis" "Rieth, Karrv''', "Williams, Kathy"., "Kline, Val"; tinsleym •&oakoov.com RE: GRANT REVIEW; Economic Development & Community Affairs Dept,, Community & Home Improvement Division - Program Year (PY) 2014/2015 Michigan State Housing Development Authority (MSHDA) Housing Education Program - Grant Acceptance Wednesday, )une 11, 2014 2.:50:52 PM Approved, From: West, Catherine [rnailto:westcagoakgov.com] Sent: Wednesday, June 11, 2014 2:12 PM To: Julie Secontine; Laurie VanPelt; Lori Taylor; Pat Davis Cc: Rieth, Kerry; Wiiiiams, Kathy; Kline, Val; tinsleym©oakgov.com Subject; GRANT REVIEW: Economic Development & Community Affairs Dept., Community & Home Improvement Division - Program Year (PY) 2014/2015 Michigan State Housing Development Authority (MSHDA) Housing Education Program - Grant Acceptance GRANT REVIEW FORM TO: REVIEW DEPARTMENTS Laurie Van Pelt — Lori Taylor —Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Economic Development &Community Affairs Dept., Community & Home improvement Division Program Year (PY) 2014/2015 Housing Education Program Michigan State !Housing Development Authority (MSHDA) Attached to this email please find the grant document(s) to be reviewed. Please provide your review stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply (to all) of this email, Time Frame for Returned Comments: June 18, 2014 GRANT INFORMATION Date: June 11, 2014 Operating Department: Economic Development & Community Affairs Community 84 Home Improvement Department Contact: Kerry Rieth, Manager, Community & Home Improvement Division Contact Phone: 858-5403 Document Identification Number: REVIEW STATUS: Acceptance Resolution Required Funding Period: July 1, 2014 through June 30, 2015 New Facility / Additional Office Space Needs: N/A From: To: Cc: Subject: Date: Taylor, Lori "West, Catherine"; "Julie Secontine"; "Laurie VanPelt"; "Pat Davis" "Rieth Karr"; "Williams, Kathy; "Kline, Val"; tinslevrm8o3kgov.ccm RE: GRANT REVIEW; Economic Development & Community Affairs Dept., Community & Home Improvement Division - Program Year (PY) 2014/2015 Michigan State Housing Development Authority (MSHDA) Housing Education Program - Grant Acceptance Friday, June 13, 2014 8:26:00 AM HR Approved (Need HR Committee) Lori Taylor Manager-Human Resources Recruitment & Workforce Planning Oakland County Michigan 2100 Pontiac Lake Road Waterford, MI 48328 taylorloPoakgov.corn www.oakgov.com/jobs Phone: 248-858-0548 Fax: 248-858-8391 From: West, Catherine [mailto:westca©oakgov.com] Sent: Wednesday, June 11, 2014 2:12 PM To: 3ulle Secontine; Laurie VanPelt; Lori Taylor; Pat Davis Cc: Rieth, Karry; 'Williams, Kathy; Kline, Val; tinsleyrn@oakgov.com Subject; GRANT REVIEW: Economic Development & Community Affairs Dept., Community & Home Improvement Division - Program Year (PY) 2014/2015 Michigan State Housing Development Authority (MSHDA) Housing Education Program - Grant Acceptance GRANT REVIEW FORM 1111•1n10immanI TO: REVIEW DEPARTMENTS Laurie Van Pelt— Lori Taylor—Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE Economic Development & Community Affairs Dept,, Community & Home improvement Division Program Year (PY) 2014/2015 Housing Education Program Michigan State Housing Development Authority (MSHDA) Attached to this email please find the:grant document(s) to be reviewed, Please provide your review stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply {to all) of this email: Time Frame for Returned Comments: June 18, 2014 GRANT INFORMATION Date: June 11, 2014 From To: Cc: Subject: Date: Attachments: Erlenbeck, Ratert "West, Catherine"; 'Julie Secontine"; "Laurie VanPer; "Lori Taylor'; "Pat Davis" "Rleth, Kerry"; "Williams, Kathy"; "Kline, Val'; tinsleymaoakgov.com RE: GRANT REVIEW: Economic Development Sk Community Affairs Dept., Community & Home Improvement Division - Program Year (PY) 2014/2015 Michigan State Housing Development Authority (MSHDA) Housing Education Program - Grant Acceptance Thursday, June 12, 2014 2:56:24 PM Certificate of Self-Insurance.odf Approved with Modification. R.E. 6/12/14, 1, Page 3, item 5. Insurance, of the Agreement for Professional Services in various places requires the County to secure and maintain insurance issued by insurers of recognized responsibility, Oakland County is self-insured for many liability exposures and therefor does not comply with this section of the agreement as currently stated. I recommend that a modification to this section be made that inserts "or self-insured" immediately after each location that identifies "insurance" as a requirement. I have attached a certificate of self-insurance to this response for your use, 2. Page 12, item 16 Indemnity and Non-Limitation. 1 defer the review and recommendation of this section to Corporation Counsel. Please advise if you have any questions or concerns regarding the recommended modification to this agreement. Thank you. From West, Catherine [mailto:westca@oalgov.corn] Sent: Wednesday, June 11, 2014 2:12 PM To: Julie Secontine; Laurie VanPelt; Lori Taylor; Pat Davis Cc: Rieth, Karry; 'Williams, Kathy'; Kline, Val; tinsleym@oakgov.com Subject: GRANT REVIEW: Economic Development 81. Community Affairs Dept., Community & Home Improvement Division - Program Year (PY) 2014/2015 Michigan State Housing Development Authority (MSHDA) Housing Education Program - Grant Acceptance GRANT REVIEW FORM TO: REVIEW DEPARTMENTS — Laurie Van Pelt— Lori Taylor—Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE Economic Development & Community Affairs Dept., Community & Home Improvement Division Program Year (PY) 2014/2015 Housing Education Program Michigan State Housing Development Authority (MSHDA) Attached to this email please find the grant document(s) to be reviewed. Please provide your review stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply (to all) of this email. Time Frame for Returned Comments: June 18, 2014 From: To: Cc: Subject: Date: Shortley, Joelien "Williams, Kathy'; Katie West Frederick, Candace; Guzzy. Scott', Hanger Helen; "Holdsworth, Art; Johnson, Sandy; Mitchell, Sheryl; "Penrw Knooe"; "Phil Bertollni";ir Gala; Scarlet, Nancy; Secontine, kik; toenfeld Taylor, Lon; VanPelt Laurie; Ward Christopher; Worthington Parr MSHDA Housing Education Program Grant Tuesday, June 17, 2014 4:55:25 PM This Agreement has been sent to MSHDA with a request to approve two changes in the grant. One request is to delete the indemnification requirement and substitute alternative liability language. The second request is to delete the requirement for the County to pay taxes, Joelien Shortley, Deputy Corporation Counsel Department of Corporation Counsel 1200 N. Telegraph Road, Bldg. 14 East Courthouse West Wing Extension , Floor Pontiac, MI 48341 Phone Number; (248) 858-2155 Cell Phone Number: (245) 420-7639 Fax Number: (248) 8584003 E-mail: shortlev)Poalgov.corn PRIVILEGED AND CONFIDENTIAL — ATTORNEY CLIENT COMIOLINICATION Thi5 e-mail is intended only for those persons to whom it is Eoeciikally addressed. it Is coffiLiential aivi 15 .:,rf:AecR.1 attorme*-ci.ent privilege and work product doctrine. This privilege belongs to ore County of Gel arid, and -AddreT.Res are not authorized to waive or mc,dify this privile.ge in any way, IndrylduaL; are advistN:i .JH6,rninI!om repoduc,Tion or unauthorized FeNIF,Vi of this ire arm by persons other than those listed al:love may' coristitui:e o Grit privilege and is therefore prohibited, if you has.ie re.c.elve(r this message rir error, p[ease ltcYrii7 the sender 1-1•1,;-.0.tely It you have any dnestion, please contact tne Department i Corporation Counsel at (24:3) 8.-3-0550, Thank you CooperF:tJon. _...... ..-- . ,..... • CERTIFICATE OF SELF-INSURANCE.. . . ISSUED BY: Robert Erlenbeck Insurance and Safety Coordinator Oakland County Risk Management & Safety 2100 Pontiac Lake Road - Building 41W Waterford, MI 45328 ENTITY: County of Oakland - Economic Deveiopment 1200 N. Telegraph Road Pontiac, MI 48341-0471 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. ..... .. . . -TERMS AND iCONDITIONS _ .. .- It should be expressly understood that the intent of the self-insurance evidenced herein follows the provisions of the policies and regulations of the County of Oakland, which does not permit any assumption of liability which does not result from and is not caused by the negligent acts or omissions of its representatives, employees or other persons under its direction and control. The provisions under General Liability shall apply only with respect to claims, arising out of the negligent acts or omissions of the County of Oakland, its representative, employees or other persons under its direction and control. , .... . il iNCE - F . -. . TYPE o INS-R ,. ., __ . .. • . . ... . EFFECTIVE ii DATE . .: . . - •-• ...... EXPIRATION •••=, ,. . „ - DATE- - . . . . - . • LIMITS..-_. . • . . ' ..= . GENERAL LIABILITY OAKLAND COUNTY IS SELF INSURED FOR GENERAL LIABIITY 1984 CONTINUOUS GENERAL AGGREGATE $ Self PRODUCTS COMPIOP AGG $ insured PERSONAL & ADV INJURY $ - EACH OCCURRENCE $ FIRE DAMAGE (ANY 1 FIRE) $ - MED EXP (ANY 1 PERSON) $ - WORKERS COMP. AND EMPLOYERS' LIABILITY OAKLAND COUNTY IS SELF INSURED FOR WORKERS' COMPENSATION _ 1979 CONTINUOUS STATE STATUTORY LIMITS DESCRIPTION AND LOCATION OF EVENT; MSHDA Housing Education Program Grant - Contract No. 2014-HEP-034, DATE(S) /TIME(S) OF EVENT: July 1, 2014 through June 30, 2015, various. ..._.. ... ...._ . i•• , . CERTIFICATE HOLDER" .: . .... . ...._ ...- .• .• . r .. . CANCELLATION• ,.. Michigan State Housing Development Authority (MSHDA) Homeownership Division c/o Renee Ferguson 735 East Michigan Avenue Lansing, Michigan 48909 Should any of the above described self-insured coverages be modified or cancelled before the expiration date shown, the County of Oakland will provide 30 days written notice to the named Certificate holder, Failure to convey such notice shall not be a bar to the change of coverages, limits, and conditions implemented by the County of Oakland. , fr/r,, AUTHORIZED REPRESENTATIVE: ....00,elidaa' -fforerdealigw" ------IIKT-E_:.___. 06/12/2014 CONTRACT NO. 2014-HEP-034 MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY AGREEMENT FOR PROFESSIONAL SERVICES WITH Oakland County Community & Home Improvement Division THIS AGREEMENT is made and entered into as of the 1st day of July 2014, by and between the MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY, a public body corporate and politic, located at 735 E. Michigan Avenue, Lansing, Michigan 48912 ("Authority" or "MSHDA") and Oakland County Community & Home Improvement Division located at 250 Elizabeth Lake Road, Suite 1900, Pontiac, Michigan 48341 ("Contractor") for the purpose of providing MSHDA I-lousing Education Services. The Authority and the Contractor are collectively referred to as the "Parties". WITNESSETH THAT: The Authority and the Contractor do mutually agree as follows: 1, Services Rendered/Scope of Work. The Contractor shall, in a satisfactory and proper manner as determined by the Authority, render the services described in Exhibit A, Page 1 o±30 Rev 4/2014 All other versions are obsolete which is attached and made a part of this Agreement. 2. Term. TIME IS OF THE ESSENCE to this Agreement in connection with the delivery of the products or services or both ("Products and Services") described in the Scope of Work attached and incorporated into this Agreement as Exhibit A. The performance of Products and Services shall begin on or after the execution of this Agreement by the Authority and shall be completed no later than June 30, 2015. 3, Contract. Price and Payment. a. The total amount to be paid by the Authority to the Contractor under this Agreement shall not exceed Forty Two Thousand Dollars ($42,000.00) which includes $40,000.00 amount for services and $2,000.00 amount for administrative fees. Fifty percent of the total amount shall be payable at the beginning of this Agreement. Following successful performance of the Products and Services and all reporting requirements during the first six months of this Agreement, the Authority will make final payment of the balance owed. (Final payment will be disbursed no later than January 31, 2015.) Refer to Exhibit A, Scope of Work for additional details regarding disbursements. b. WORK PERFORMED OR PROVIDED PRIOR TO THE TERMS OF THIS AGREEMENT SHALL NOT BE ELIGIBLE FOR PAYMENT. 4. Permits and Licenses. The Contractor shall be responsible for obtaining any and all permits, licenses, and other proper authorization or permission-related documents required for the performance of this Agreement. Page 2 of 30 Rev 4/2014 All other versions are obsolete 5. insurance. The Contractor shall maintain professional liability insurance or self-insurance sufficient in the amount to provide coverage for any errors or omissions arising out of the performance of this Agreement. If, during the term of this Agreement, changed conditions should, in the judgment of the Authority, render inadequate the Contractor's current insurance or self- insurance limits, the Contractor will furnish to the Authority proof of additional insurance or self- insurance as may be required. All insurance or self- insurance required under this Agreement shall be acquired at the Contractor's expense, The Authority reserves the right to reject as unacceptable any insurer, The Contractor shall provide, at its own expense, appropriate insurance or self-insurance for the business in which it is engaged, including errors and omissions coverage, general business liability insurance, and worker's compensation insurance if required under state law, The Contractor agrees to consult with an insurance professional to confirm the amount and types of coverage appropriate for the business in which the Contractor is engaged. The Contractor shall deliver a Certificate of Insurance to the Authority within ten (10) days of executing this Agreement, The Certificate shall indicate that the policies or self- insurance will not be changed or terminated without at least thirty (30) days prior notice to the Authority. The Certificate shall also indicate that the insurer has waived its subrogation rights, if any, against the Authority. Failure to secure and/or maintain insurance or self- insurance coverage shall be deemed a material breach and grounds for immediate termination of this Agreement. 6. Record Keeping The Contractor and the Authority shall maintain such personnel records as are deemed necessary by the Authority to assure a proper account for all engagement costs. These records will be made available for audit purposes to the Authority and the Auditor General of the State of Michigan, or any authorized ?age 3 of 30 Rev 4/2014 Ali other verstons are obsolete representative, and will be retained for seven years after the expiration of the Agreement unless permission to destroy them is granted by both the Authority and the State of Michigan, 7. Reports. The Contractor shall promptly submit to the Authority's designated project representative (see Section 11) any reports prescribed by this Agreement. Such reports shall include but not be limited to: progress reports, a report of all receipts, expenditures, project activities and accomplishments, including a comparison of the final budget to the approved Exhibit B - Project Budget attached and incorporated into this Agreement, and supporting documentation for claimed reimbursements, The Authority shall prescribe the requisite form and content of reports and shall designate the dates on which the reports are to be submitted by the Contractor and subcontractor. Before the occurrence of the project completion date prescribed in Section 2 of this Agreement, the Contractor shall submit to the Authority a project completion report based on the requirements specified in Exhibit A - Scope of Work attached and incorporated into this Agreement. In addition to the project completion report and other submissions, the Contractor shall submit to the Authority a quarterly progress report in the form and containing the completion material prescribed by the Authority for that project period for each quarter this Agreement is in effect. Quarterly reports shall be submitted not later than as outlined in Exhibit A — Scope of Work, Section 1. 8, Nondiscrimination. In accordance with Acts No, 220 and 453 of the Public Acts of 1976, as amended, the Contractor hereby agrees in connection with the performance of Products and Services under this Agreement not to discriminate against an employee or Page 4 of 30 Rev 4/2014 All other versions are obsolete 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, familial status, or disability. Breach of this covenant may be regarded as a material breach of this Agreement. 9. Failure to Perform. In the event the Contractor fails to perform Products and Services required under this Agreement or performs Products and Services in an improper manner, the Parties agree that the damage that the Authority will sustain as a result thereof will be substantial and difficult, if not impossible, to ascertain. Therefore, the Parties agree that in the event the Contractor either fails to completely perform Products and Services or performs Products and Services in an improper manner, the Authority shall be entitled to a reimbursement of funds previously received by the Contractor after the Contractor's non-performance or improper performance. The Contractor further agrees that the Authority may withhold future payments for the Contractor's non-performance or improper performance. For the purposes of the foregoing, the Parties .agree. that the Authority shall have sole discretion in determining the adequacy of the Contractor's performance and the amount of funds to be reimbursed and/or withheld. The damages for the Contractor's inadequate or improper performance, as provided in this Agreement, shall not be exclusive but shall be in addition to any other damages which the Authority may be entitled to for the Contractor's default under this Agreement. 10. Assigned Personnel. The Contractor warrants that the personnel it will assign to perform the Products and Services under this Agreement shall possess the requisite education, competence and experience, The Contractor further acknowledges and agrees that such personnel may be subject to the .evaluation and approval of the 1:)ge 5 of 30 Rev 4/2014 NI other versions are obsolete Authority, who shall retain the right to determine the sufficiency of the education, competence and experience of the personnel assigned to perform the Products and Services identified in Exhibit A attached and incorporated into this Agreement, 11, Project Representatives. The Contractor designates the following individual as project representative for all matters concerning this Agreement: Kathy Williams 250 Elizabeth Lake Road, Suite 1900 Pontiac, Michigan 48341 Phone: 248-858-1189 Fax: 248-858-5311 williamska@oakgov.com The Authority designates the following individual as project representative to be the initial point of contact for all matters concerning this Agreement: Renee Ferguson Homeownership Division 735 E. Michigan Avenue Lansing, Michigan 48909 Phone: 517-373-8045 Fax: 517-241-1177 ferg usonr1@michigan.gov Except for changes to the performance schedule (not including the project's completion date), the designated project representatives shall.have no authority to make promises or binding obligations on behalf of the Authority, as such authority rests with the duly authorized persons executing this Agreement. 12. Employees of Contractor or Key Persons. a, Definition of Key Person. "Key Persons" shall be defined in this Agreement as individuals performing the Products and Services pursuant to this Agreement and (a) have signed this Agreement on behalf of the Contractor and/or (b) are listed in Exhibit C, attached and incorporated into this Agreement, Key Persons Page 6 of 30 Rev 4/2014 Al{ other versions are obsolete Include the names of all employees, agents and independent contractors of the Contractor who perform or render Products and Services pursuant to this Agreement. b. Performance of Products and Services. The Contractor acknowledges that only Key Persons shall perform the Products and Services under this Agreement. c. Exhibit C--Certificate Verifying Key Persons. Prior to executing this Agreement, the Contractor shall provide to the Authority the names of all Key Persons by completing Exhibit C, which is the Certificate Verifying Key Persons of the Contractor or a Subcontractor, if applicable ("Certificate"). In the event the Contractor fails to provide to the Authority the names of any Key Persons, the Parties shall consider the signatory for the Contractor to be the sole Key Person for the Contractor, If the Contractor (or Subcontractor) wishes to add an agent, employee, or independent contractor as a Key Person during the term of this Agreement, the Contractor shaft complete and submit to the Authority an additional or revised Certificate for that employee, agent, or independent contractor.. (See Section 1.2a of this Agreement.) d. 2007 PA 95, MCL 38.68c. The Contractor and its employees, agents, and independent contractors acknowledge 2007 PA 95, MCL 38.68c, as amended, requires retirees of the State Employees Retirement System (i.e., former state employees who have pensions with the State of Michigan) ("Pensioned Retirees") who become employed by the State, either directly or indirectly through a contractual arrangement with another party, on or after October 1, 2007, to forfeit their state pension for the duration of their reemployment. Effective October 2, 2010, "employed by the state' includes engagements of Page 7 of 30 Rev 4/2014 Ali other versions are obsoieta pensioned retirees as independent contractors. Pensioned retirees who provide or render Products and Services under this Agreement as key persons must forfeit their pensions during the term of this Agreement if the pensioned retiree (a) is employed by the State, (b) is employed by the Contractor, (c) is a holder of an ownership interest in the Contractor, (d) is a subcontractor of the Contractor, or (e) is an employee of a subcontractor, The Contractor acknowledges and agrees to secure the Authority's prior written consent before retaining, employing or subcontracting with a pensioned retiree to perform Products and Services under this Agreement Retaining, employing or subcontracting with a pensioned retiree to perform Products and Services under this Agreement without the Authority's prior written consent shall be (a) a material breach of this Agreement and (b) grounds for the Authority to terminate this Agreement and provide notice to the Office of Retirement Services that the retiree has received pension payments. and payments directly or indirectly through this Agreement. If the Contractor employs or retains a pensioned retiree as a key person or subcontracts with a pensioned retiree, the Contractor must submit a copy of the pensioned retiree's directions to the Office of Retirement Services ("ORS"), identified as Exhibit D — Retiree Rehire Certification attached and incorporated into this Agreement, to withhold the retiree's pension payments during the term of this Agreement. Page 8 of 30 Rev 4/2014 All other versions are obsolete The Contractor and the pensioned retirees it employs acknowledge and agree that neither the State, nor the Authority, nor its employees, directors, agents nor board shall be liable to the Contractor or pensioned retiree for the forfeiture of the retiree's pension payments during or after the term of this Agreement. The Contractor and pensioned retiree acknowledge that the Authority has no responsibility to confirm whether the ORS has or will forfeit the retiree's pension, 13. Conflicts of interest. The Contractor acknowledges that its employees, members, shareholders, agents, or independent contractors, or subcontractors and their employees, members, shareholders and agents, prior to or during the term of this Agreement are not employees of the State of Michigan or its units. Prior to the execution of this Agreement, the Contractor acknowledges and confirms that it has delivered to the Authority a written list of all interests of the Contractor, or its officers and employees, which may create conflicts between the interests of those entities or parties and the interests of the Authority. Should a constructive or actual conflict of interest arise during the term of this Agreement, the Contractor shall contact the Authority's Director of Legal Affairs immediately and describe in detail the conflict of interest. Employees and agents of the Contractor will have a conflict of interest if the Contractor or its agents, or employees receive fees for both (a) the sale of a particular home and (b) the counseling of a purchaser of the same home. The following examples are provided to illustrate conflicts under this Agreement and may not be limited to: Page 9 of 30 Rev 4/2014 Alh other versions are obsolete a, Contractor receives a fee for counseling the purchaser of a home and an employee of the Contractor receives a brokerage fee for the sale of the same home: Conflict. b. Contractor receives a fee for counseling a purchaser of a home and the Contractor's agent, retained by the Contractor to provide counseling services, receives a brokerage fee for the sale of the same home: Conflict. c. Contractor receives a fee for counseling the purchase of a home and the Contractor's agent, retained by the Contractor to provide consulting services with no connection to homeownership counseling, receives a brokerage fee for the sale of another home: No Conflict. Prior to the counseling of a purchaser, the Contractor shall confirm with its employee or agent providing the counseling that the employee will not receive a brokerage fee for the sale of the house. The Contractor shall inform the Authority of any conflicts that may arise involving the Contractor or its Employee. If the Contractor and Authority disagree on whether a particular situation is a conflict, the opinion of the Authority shall control. 14. Prohibited Methods and Procedures, The Contractor and its agents, subcontractors, employees, and representatives, in the course of the performance of Products and Services under this Agreement, shall not specify, recommend, use, or permit the use of any system, method, plan, design, process, procedure, patent, or copyright which, if used, infringes upon a proprietary interest or necessitates the payment of any royalty, fee, or commission. The Contractor shall not use or permit the solicitation for or Page 10 of 30 Rev 4/2014 All other versions are obsolete securing of any agreement or employment in connection with this Agreement upon an agreement or arrangement for payment, either directly or indirectly, of a commission, percentage, brokerage, or contingent fee. If Federal funds are used to pay the Contractor under this Agreement, no part of the money appropriated by any enactment of Congress shall, in the absence of express authorization by Congress, be used directly or indirectly to pay for any personal service, advertisement, telegram, telephone, letter, printed or written matter, or other device, intended or designed to influence in any manner a member of Congress, to favor or oppose, by vote or otherwise, any legislation or appropriation by Congress, whether before or after the introduction of any bill or resolution proposing such legislation or appropriation; but this shall not prevent officers or employees of the United States or of its departments or agencies from communicating to members of Congress on the request of any member Or to Congress, through the proper official channels, requests for legislation or appropriations which they deem necessary for the efficient conduct of the public business. 18 US C. § 1913 (2002), 15, Participation in Other Authority Programs. With the exception of providing Products and Services to the Authority as described in Exhibit A — Scope of Work of this Agreement, neither the Contractor nor the Contractor's employees, agents, officers, directors, shareholders, members or subcontractors will participate in Authority housing programs or do business with the Authority under any program in which the Authority has a direct or indirect relationship without securing approval from the Authority's Director of Legal Affairs, Page 11 of 30 Rev 4/2014 All other versions are obsolete 16. indemnity and Non-Limitation. Mich. Const, art, IX, § 18. Each party to this Agreement will remain responsible for any claims arising out of that party's performance of this Agreement as provided by this Agreement or by law, This Agreement is not intended to increase or decrease with party's liability for or immunity form tort claims, This Agreement is not indeed to nor will it be interpreted as giving either party a right of indemnification, either by Agreement or at law, for claims arising out of the performance of this Agreement. 17, Nonassignability and Delegation. a. The Contractor shall not assign or otherwise transfer any interest in this Agreement or in the project in any manner not provided for in this Agreement. b. The Contractor shall not delegate any duties or obligations under this Agreement to a subcontractor or independent contractor unless the Authority's Director of Legal Affairs has given written consent to the delegation. When submitting the request to subcontract, the Contractor shall include the following information about the subcontractor: i. Name of Subcontracting Firm; Work that will be subcontracted; Names of individuals who will perform the subcontracted work; iv. Subcontractors project representative and/or Key Person (See Section 12); and v. List any and all Authority programs through which the subcontractor or the subcontractor's employees, officers, directors, members, shareholders or officeholders participate. Page 12 of 30 Rev 4/2014 All other versions are obsolete c. In the event the Contractor retains a subcontractor in accordance with Section 1713 above, the Contractor shall insert into each subcontract executed in connection with this Agreement appropriate and enforceable provisions requiring compliance with this Agreement by the subcontractor and the persons acting for it. Throughout the performance of any subcontracts, the Contractor shall monitor and verify the compliance of ail subcontractors and persons acting for them and shall immediately take any affirmative or remedial measures prescribed by the Authority or otherwise deemed necessary in the opinion of the Contractor for enforcing compliance under such subcontracts, d. Delegation of duties or obligations under this Agreement to a subcontractor or independent contractor without the prior written consent of the Authority shall be a material breach of this Agreement. In the event a subcontractor is approved by the Authority's Director of Legal Affairs, the Key Persons for the subcontractor shall be subject to the requirements set forth in Section 12 (Employees of Contractor or Key Persons) of this Agreement, including, but not limited to, the restrictions on pension payments if a pensioned retiree. is a Key Person of the subcontractor or an independent contractor retained by the Contractor. Subcontracting work to be performed under this Agreement without the prior written consent of an authorized officer of the Authority shall be a material breach of this Agreement. 18, Suspension and Debarment Pursuant to 1980 PA 278; MCL 423.322 et seq., the Contractor, in performing this Agreement, shall not enter into a contract with a subcontractor, manufacturer, or supplier whose name has been listed in the register Page 13 of 30 Rev 4/2014 All other versions are obsolete maintained by the State of Michigan, Department of Licensing and Regulatory Affairs, of employees who have been found in contempt of court by a federal court of appeals, on not less than three occasions involving different violations during the preceding seven years, for failing to correct an unfair labor practice as prohibited by Section 8 of Chapter 372 of the National Labor Relations Act, 29 U.S.0 § 158. The Authority may void this Agreement if the name of the Contractor or the name of a subcontractor, manufacturer, or supplier used by the Contractor in performing this Agreement subsequently appears in the register during the period of this Agreement, The Contractor certifies, by signing this Agreement, that it possesses business integrity and that neither it nor any of its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in grants or contracts by any federal, state, or local department or agency. The suspension of the Contractor by the State of Michigan, an agency of the State or a department of the Federal Government, shall be at the option of the Authority, a material breach and grounds for the immediate termination of this Agreement. 19, Independence of Contractors. The Authority shall retain the Contractor as an independent contractor, and the Contractor hereby accepts such 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 Page 14 of 30 Rev 412014 An other versJons are obso[ete between the Authority and the Contractor or any of its employees or agents. The Contractor, its employees and subcontractors, shall be deemed at all time and for all purposes to be independent contractors. The Contractor acknowledges and agrees that all payments by the Authority to the Contractor shall be made without deduction for federal, state or local income taxes, social security taxes and similar items, and that the Contractor 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 Jaw), if required by law to pay taxes, The Contractor further acknowledges and agrees that all payments under this Agreement to the Contractor by the Authority shall be reported to the internal Revenue Service and other appropriate taxing authorities on Form 1099 (or equivalent or replacement forms). Finally, the Authority acknowledges that the manner and means of producing the Products and Services described in Exhibit A are under the control and at the discretion of the Contractor, 20, Ownership of Documents, Reports and Other Products. All documents, reports and any other products delivered to the Authority under this Agreement shall become and be the property of the Authority, 21, Disc1.92sure of Information. Other than as contemplated by this Agreement, the Contractor, its agents, and subcontractors, without the prior consent of the Authority shall not: Page 15 of 30 Rev 4/2014 All other versions are obsolete a. disclose information or documents created or maintained in connection with this Agreement to anyone; b. use information or documents created or maintained in connection with this Agreement to further any private interest. 22. Modifications. The Authority or the Contractor may request modification of the Agreement. Modifications shall comport with the intent and purpose of this Agreement and shall be consistent with applicable state and federal regulations, limitations, guidelines, policies, and interpretations prescribed by the Authority pursuant to law. All requests for modification shall be submitted in written form by the duly authorized representative, as specified in Section 11, of the party requesting modification prior to modification implementation. Failure to obtain prior approval will result in the disallowance of expenditures. No verbal representation, understanding, agreement, or interpretation of any officer, agent, employee of the Authority or Contractor, either before or after execution of this Agreement, shall modify any of the terms of this Agreement, unless such representation, understanding, agreement, or interpretation is expressly stated in this Agreement or an amendment to this Agreement executed by both parties, 23. Termination of Agreement. Termination is the cancellation of this Agreement, in whole or in part, at any time prior to the date of completion, a. Termination for cause. The Authority may terminate this Agreement, in whole or in part, at any time before the date of completion, whenever it is determined that the Page 16 of 30 Rev 4/2014 All other versions are obsolete Contractor has failed to comply with the terms and conditions of this Agreement, The Authority will promptly notify the Contractor in writing of the termination and the reasons for the termination, together with the effective date. Payments made to the Contractor or recoveries by the Authority under this Agreement when it is terminated for cause will be in accordance with the legal rights and liabilities of the parties. b. Termination for convenience, The Authority or the Contractor may terminate this Agreement in whole or in part when the Parties agree that the continuation of the project would not produce beneficial results commensurate with the further expenditure of funds. The Parties will agree upon the termination conditions, including the effective date, and in the case of partial terminations, the portion to be terminated. An amendment of the terms of this Agreement is required for all terminations for convenience. c. Termination by Contractor. At any time prior to the first payment on the Agreement, the Contractor may, with written notification to the Authority, unilaterally cancel this Agreement. Once initiated, no Product or Services financed with Authority assistance shall be terminated by the Contractor prior to satisfactory completion without approval of the Authority. After the first payment, the Product or Services may be terminated, modified, or amended by the Contractor only by mutual agreement of the Parties. Termination requests prior to completion of the Product or Services must fully explain the reasons for the action and detail the proposed disposition of the uncompleted Product or Services. d. Termination of Agreement for Unavailability of Authority or Federal Funds. It is the intent and understanding of the Parties that this Agreement is contingent Page 17 of 30 Rev 4/2014 All other versions are obsolete upon the availability of Authority or Federal funds or the receipt by the Authority of Federal funds. If Authority funds or Federal funds approved or obligated by the Authority in connection with this Agreement are at any tithe rendered unavailable, the Authority shall then have the right to terminate this Agreement by the giving of a written notice, the basis, and the effective date of the termination to the Contractor. Should this Agreement be terminated by reason of the unavailability of Authority or Federal funds for the purposes of this Agreement, all finished or unfinished documents, data, studies, reports, and other materials prepared by the Contractor under this Agreement prior to the effective date of the termination shall be delivered in a format specified by the Authority. In the event of termination under this section for lack of Authority or Federal funds, the Contractor shall be entitled to receive payment for Products and Services incurred under this Agreement prior to the effective date of termination e. Commitments. if this Agreement is terminated, the Contractor will not incur new obligations for the terminated portion after the effective termination date. The Contractor will at its own expense cancel any outstanding obligations. Costs incurred after the effective date of the termination will be disallowed. In the event of termination, all finished or unfinished documents, data, studies, reports, and other materials prepared by the Contractor under this Agreement prior to the effective date of termination shall become the property of the Authority. The Contractor will provide all finished and unfinished material as previously described within 30 days of terminating. However, the Contractor will be entitled to retain Page 18 of 30 Rev 4/2014 At other versions are obsolete copies. The Contractor, in the event of termination under this provision, is entitled to receive reimbursement for Products and Services satisfactorily performed under this Agreement prior to the effective date of such termination. Notwithstanding the foregoing, the Contractor shall not be relieved of its liability to the Authority for the damages sustained by the Authority as the result of any breach of this Agreement until the Authority so releases the Contractor and has determined for the purpose of set-off the exact amount of damages Cue the Authority. 24. Severability of Provisions, It is declared to be the intent of the parties that if any provision of this Agreement executed by both parties or its application to any persons or circumstances is adjudged by any court of competent jurisdiction to be invalid, the court's judgment shall not affect or invalidate the remainder of this Agreement nor its application to other persons or circumstances, unless so provided by the court or unless the severance of the invalid provision alters the basic intent or purpose of this Agreement, would cause an increase of the Authority's financial obligation, or renders impossible the compliance with any applicable statute, regulation, limitation, guideline, policy. 25. Michigan Law. This Agreement shall be governed by the laws of the State of Michigan and shall be binding upon the Contractor's successors, assigns, and legal representatives. All records pertinent to this Agreement are subject to public disclosure under the Michigan Freedom of Information Act; 1976 PA 442; MCL 15,231 et seq. The Contractor shall insert the provisions of this section into any subcontract entered into to accomplish the terms of this Agreement. Page 19 of 30 Rev 4/2014 All other versions are obsolete REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 20 of 30 Rev 4/2214 All other versions are obsolete IN WITNESS WHEREOF the Authority and the Contractor have executed this Agreement as of the date first above written. MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY Date: By: Carol Brito Program and Business Development Manager Homeownership Division Oakland County Community & Home Improvement Division Date: By: Page 21 0f30 Rev 4/2014 All other versions are obsolete CONTRACT NO. 2014-HEP-034 MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY AGREEMENT FOR PROFESSIONAL SERVICES WITH Oakland County Community & Home Improvement Division EXHIBIT A SCOPE OF WORK I. Overview: The purpose of the Michigan State Housing Development Authority's (IVISHDA" or "Authority") Housing Education Program ("HER") funds is to facilitate Homebuyer Education for clients seeking to purchase a home. Pre-Purchase services such as Financial Capability for clients working towards a MSHDA mortgage product; and Foreclosure Services addressing the needs of households that endured a hardship which ultimately leads them to struggle with their mortgage, as well as clients that may need to transition out of their home due to foreclosure, bankruptcy or other hardships. The Authority agrees to pay the Contractor, Forty Two Thousand Dollars ($42,000.00) to provide Housing Education to Michigan residents seeking to purchase a new home or save an existing home from foreclosure. The Contractor agrees to provide the services described in this Exhibit A attached and incorporated into this Agreement and further agrees to comply with the Authority's HER Policies and Service Guideline Manual subject to the terms and conditions of this Agreement. 11. Objectives 8, Tasks A. Objectives. To successfully perform the services described in Section I above, the Contractor shall, in a satisfactory and proper manner as determined by the Authority, provide housing education services in accordance with this Agreement. The Contractor agrees that at the execution of this Agreement and throughout the term of this Agreement, the Contractor shall operate either as a unit of government or a nonprofit corporation that is in good standing to do business within the State of Michigan. If the Contractor is a nonprofit entity, the Contractor shall provide to the Authority upon execution of this Agreement valid documentation illustrating that it is in good standing and licensed to do business in Michigan. Attach and submit your agency's current Certificate of Good Standing which will be incorporated into this Agreement. B. Tasks, The Contractor agrees to the following: 1. The Contractor shall be an Adopter of the National Industry Standards ("NIS") for Homeownership Education and Counseling and shall maintain its status as an Adopter throughout the duration of this Agreement. Page 22 of 30 Rev 4/2014 All other versions are obsolete 2. The Contractor will provide services in accordance with the NIS for Homeownership Education and Counseling, as well as the Authority's Policies and Guidelines. 3. The Contractor shall maintain its status with MSHDA's HEP to provide the Housing Education Services identified in their Application, Assuring that all critical components of effective counseling are present for each participant based on MSHDA guidelines. 4. If Contractor provides Pre-Purchase Education for which a fee is charged to the client, the Contractor must submit a copy of the Contractor's "Fee Structure' with the executed Agreement. 5. The Contractor shall deposit funds into an established account at its financial institution, and utilize funds appropriately based on their HEP Application for funding. If the account is interest bearing, the Contractor may use the earned interest for administrative expenses, 6. Contractor shall, in consultation with the Authority, develop an evaluation plan for their Housing Education Program, In addition, Contractor will cooperate with the Authority in any review and analysis of the program. Contractor agrees to incorporate recommendations and industry best practices recommended by these evaluation processes. Contractor agrees to participate in any training identified by the Authority as a result of any review. Contractor agrees that the failure to participate in a training mandated by the Authority may result in the termination of this Agreement and/or the recapture of funds, 7. If, by the date on which the Contract expires, any proceeds that (a) have not been disbursed and/or (b) have not been used for purposes eligible under this Agreement ("Ineligible Disbursements"), then the Contractor will, within 30 days of the Contract expiration, refund the sum of the undisbursed proceeds and Ineligible Disbursements to the Authority. C. Contractor Certification. The Contractor agrees to the following: 1. Employment and Use of Certified Counselors by Contractor. To ensure that the services under this Agreement are adequately performed, the Contractor shall employ throughout the term of this Agreement at least one MSHDA Certified Counselor ("Certified Counselor") based on MSHDA's REP Counselor Certification & Training Requirements Policy. The Contractor shall have a Certified Counselor present during all counseling sessions for activities billable to the Authority, 2. Counselor Certification & Training Requirements. The Contractor must have staff certified and trained in accordance with MSHDA's HEP Counselor Certification & Training Requirements Policy, 3. Credential Verifying Certified Counselor. Prior to or upon executing this Agreement, the Contractor shall provide to the Authority the names of all certified counselors employed by the Contractor by completing Exhibit E (formerly Exhibit II), which is the Contractor's Certificate verifying certified counselors ("Credential"). 4. Loss of Certified Counselors. The Contractor will provide the Authority's Housing Education Program Staff with written notice of changes to the Contractor's staff which require updating of the Credential, The Contractor agrees to provide the Authority with written notice within 15 calendar days of when change occurs. 5. Certification. To become a Certified Counselor, an employee of the Contractor must successfully pass MSHDA's New Counselor Training conducted by the Authority. 6. Annual Training for Certified Counselors. To remain certified, the Contractor's Page 23 of 30 Rev 4/2014 All other versions are obsolete Certified Counselors must attend designated annual training sessions delineated by the Authority. If the Contractor has no Certified Counselors who attend the annual training sessions, the Authority may consider this a material breach and terminate this Agreement, removing the Contractor from MSHDA's HER D. Review of Performance, The Contractor's performance will be subject to review by Authority staff to ensure compliance with the terms of this Agreement. In the event the Contractor fails to perform services required under this Agreement or performs services hereunder in an improper manner, the Authority will notify the Contractor in writing of the specific deficiencies. If the deficiencies are not corrected to the sole satisfaction of the Authority within sixty (50) days after the date of the notice, the Authority may, in its sole discretion, terminate this Agreement in accordance with Section 11.1 of this Agreement. E. Return of Equipment and Documents. Upon termination of the Agreement, the Contractor will be responsible for promptly returning all MSHDA HER work products within fifteen (15) days, including but not limited to: software, records, files, documents, correspondence, manuals, policy bulletins, seminar materials, and all other document, records and data, in written and electronic form, that are the property of the Authority or equipment acquired with funds provided from the Authority. Any reports, data and data compilations, photos and any other media, materials, or other objects or works created or produced by the Contractor as a result of and in furtherance of performing the services described in this Agreement, shall be deemed to be the property of the Authority. This Section shall not be read, construed or interpreted to require the Authority to provide the Contractor with materials, supplies or equipment, . All equipment and documentation described in this Section must be delivered to the following address within fifteen (15) days of the Authority's request: Homeownership Division, Housing Education Program Michigan State Housing Development Authority 735 E. Michigan Avenue, P.O. Box 30044 Lansing, MI 48909 F. Records To Ensure Accounting of Costs, The Contractor shall maintain such records as are deemed necessary by the Authority to assure a proper account for all costs. Upon request these records will be made available for audit purposes to the Authority. Requested documentation shall be submitted to the Authority within five (5) business days of written request. Upon request records will also be made available for the Auditor General of the State of Michigan, or any authorized representative. All records must be retained for a period of seven (7) years from the date the case file was terminated for housing counseling unless permission to destroy them is granted by both the Authority and the State of Michigan. If the Contractor leaves MSHDA's Housing Education Program, the Contractor shall return to the Authority all financial records, supporting documents, statistical records and all other pertinent records, both electronic and paper, to the following address: Page 24 of 30 Rev 4/2014 NI other versions are obsolete Homeownership Division, Housing Education Program Michigan State Housing Development Authority 735 E. Michigan Avenue, P.O. Box 30044 Lansing, MI 48909 G. Record Keeping. The Contractor shall submit to the Authority reports indicating the status and effectiveness, both quarterly and cumulatively, of all activities performed under this Contract Agreement as well as other data requested by the Authority such as but not limited to: 1. Data information for each client served must be entered in MATT 2.0 beginning July 1,2014: a. Number of clients assisted with HER funds. b. Type and level of service provided. C, Outcomes achieved. H. Privacy and Freedom of Information Act. The Contractor 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 Contractor 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 Contractor shall inform persons submitting such requests that the Contractor is not authorized to accept or process such documents on behalf of the State of Michigan or the Authority. I. Reporting. The Contractor shall provide quarterly reports indicating the status and effectiveness of activities performed utiiizing HER funds; forms for reporting will be provided after execution of this Agreement. Quarterly activity reports will include monthly Personnel Activity Reports ("PAR's") identifying salaries and benefits for all housing counseling staff. Reports are due in accordance with the following schedule: July 1,2014 to September 30, 2014 Due: October 15th October 1, 2014 to December 31, 2014 Due: January 15th January 1, 2015 to March 31, 2015 Due: April 15th April 1, 2015 to June 30, 2015 Due: July 15th Quarterly reports must be submitted to: Tara Gilman at GilmanTamichigan.gov Disbursement Process. The Authority will disburse half of the Contractor's allocation of funds upon execution of this Agreement. Subsequent disbursement(s) of funds will be based on the Contractor's compliance with this Agreement and program service guidelines. The Contractor acknowledges that any services they record more than ninety (90) days after the date of service has been provided will not be counted against their draw down of funds. Page 25 of 30 Rev 4/2014 Al: other vers:ons are obsolete The Authority may withhold disbursement(s) if the Authority finds evidence of improper use and/or failure to render services in accordance with the terms of this Agreement. The Authority may also recapture any funds paid to the Contractor if funds were not used for the purpose for which they were intended. Improper reporting of services shall be deemed a material breach and is grounds for immediate termination. If an advance or portion of the Grant for a specific purpose is not used for that purpose due to conditions that make it impossible to use as provided herein, or if the Contractor decides not to use the funds, upon such occurrence, the sum shall be returned to the Authority immediately. IV. Authority responsibilities: A. Review quarterly and annual reports submitted by Contractor and openly communicate with Contractor about their performance. B. Conduct compliance reviews and/or audits based on National Industry Standards ("NIS") and MSHDA Policy and Guidelines. C, Report to legislature and/or other stakeholders as required or requested. V. Legal Matters. A. Notice of Convictions and Criminal Investigations. Prior to the execution of this Agreement, the Contractor shall notify the Authority if it, or its officers, directors, or key personnel, any of its subcontractors, or their officers, directors, or key personnel under this Agreement, have ever been convicted of a felony, or any crime involving moral turpitude, including, but not limited to fraud, misappropriation or deception. Contractor shall promptly notify the Authority of any criminal litigation, investigations or proceeding which may have arisen or may arise involving the Contractor or any of the Contractor's subcontractor, or any of the foregoing entities' then current officers or directors during the term of this Agreement and three years thereafter. B. Notice of Civil Claims. The Contractor snail notify the Authority of any civil litigation, arbitration, proceeding, or judgments that may have arisen against it or its subcontractors during the five years preceding its bid proposal, or which may occur during the term of this Agreement or three years thereafter, which involve (1) products or services similar to those provided to the Authority under this Agreement and which either involve a claim in excess of $50,000 or which otherwise may affect the viability or financial stability of the Contractor, or (2) a claim or written allegation of fraud by the Contractor or any subcontractor hereunder, arising out of their business activities, including this Agreement, or (3) a claim or written allegation that the Contractor or any subcontractor hereunder violated any federal, state or local statute, regulation or ordinance. Multiple lawsuits and or judgments against the Contractor or subcontractor, Page 26 of 30 Rev 4/2014 All other versions are obsolete in any an amount less than $50,000 shall be disclosed to the Authority to the extent they affect the financial solvency and integrity of the Contractor or subcontractor. C. Notice Requirements for Criminal and Civil Claims. All notices under Subsection and 2 herein shall be provided in writing to the Authority within fifteen business days after the Contractor learns about any such criminal or civil investigations and within fifteen days after the commencement of any proceeding, litigation, or arbitration, as otherwise applicable. Details of settlements that are prevented from disclosure by the terms of the settlement shall be annotated as such. Semi-annually, during the term of the Agreement, and thereafter for three years, Contractor shall certify that it is in compliance with this Section, Contractor may rely on similar good faith certifications of its subcontractors, which certifications shall be available for inspection at the option of the Authority. Page 27 of 30 Rev 4/2014 All other versions are obsolete Housing Education Services Budget - HEP Exhibit B Contractor: Period Covered: July 1 2.014 to June 30, 2010 5. Sairies Benefits If applicable) . . Total Housing Education . Program' Expenses . ' 6xPer.ses. Funded by MSHDA HEP, grant (The .... .,... .„ .. . . expenses covered b.}./ . expenses . .1v1.5FIDA funds cannot be 'less than.Or exceed the . revenue received.). . . . . HEP.Expenses..runded by Sources other than - MSHDA...: . Executive Director. $ - $ - $ - Program Manager: Kathy Williams (.25 FIE) $ 30,267.00 $ - $ 30,267.00 Counselor: Kathy Williams (.75 FIE) $ 90,803.00 $ 42,000.00 $ 48,803.00 Counselor) Lon Shook 113,496.00 $ $ 113,496.00 Counselor, Margaret Harris $ 111,429,00 $ - $ 111,429,00 Counselor, Joanne Hill Brookshear $ 82,892.00 $ - $ 82,892,00 Intake Specialist: $ - $ - $ - Other Staff (specify): Melissa Felice (Support Staff) (,6 F7E) $ 48,266,00 $ - $ 48,266.00 Other Staff (specify); $ - $ - $ - Other Staff (specify): $ - $ - $ Equipment $ - $ $ Supplies $ 2,300.00 $ - $ 2,300,00 Marketing and Outreach 13,220.00 $ - $ 13,200.00 Training $ 3,600,00 $ $ 3,600.00 Travel $ 3,600,00 $ - $ 3,500.00 Credit Reports $ - $ $ - Consultant Expenses $ $ - $ Other (specify} $ - $ - * information Technology $ 15,700.00 $ $ 15,700.00 ' Building Space $ 6,150.00 - $ 8,150.00 $ - $ - $ - TOTALS HEP FUNDS 5 523,703.00 42,000.00. $ 481,703.00 ED Name: ED Signature: Date: Revised June 3, 2014 CONTRACT NO. 2014-HEP-034 MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY AGREEMENT FOR PROFESSIONAL SERVICES WITH Oakland County Community & Home Improvement Division EXHIBIT C CERTIFICATE VERIFYING KEY PERSONS OF THE CONTRACTOR (Contractor may make additional copies of this form as needed.) The Contractor acknowledges that the following personnel are Key Persons of the Contractor in accordance with Item 12 of the Agreement: Name Kathy Williams (Print or type name above line) Title with Contractor Supervisor/Counselor Is the Key Person a retiree who receives a pension from the Michigan State Employees Retirement System? Yes /No x (2) Name Lon Shook (Print or type name above line) Title with Contractor Counselor is the Key Person a retiree who receives a pension from the Michigan State Employees Retirement System? Yes /No X (3) Name Margaret Harris (Print or type name above line) Title with Contractor counselor Is the Key Person a retiree who receives a pension from the Michigan State Employees Retirement System? Yes /No x (1) Page 28 of 30 Rev 4/2014 All other versions are obsolete (4) Name JoAnne Hill-Brookshear (Print or type name above line) Title with Contractor Counselor is the Key Person a retiree who receives a pension from the Michigan State Employees Retirement System? Yes /No X (5) Name Shameka Davenport (Print or type name above line) Title with Contractor Counselor Is the Key Person a retiree who receives a pension from the Michigan State Employees Retirement System? Yes /No x (6) Name (Print or type name above line) Title with Contractor ‘s the Key Person a retiree who receives a pension from the Michigan State Employees Retirement System? Yes /No By: SIgnature Name of Signatory for Contractor; Its: Date (Print or type name of Signatory above Line) Federal Identification Number: Page 29 of 30 Rev 4/2014 All other versions are obsolete CONTRACT NO. 2014-H EP-034 MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY AGREEMENT FOR PROFESSIONAL SERVICES WITH Oakland County Community & Home Improvement Division EXHIBIT D RETIREE REHIRE CERTIFICATION Depe rtinsni of Technology. Management & Budget Office &Retirement Servioes .P See 30171 'Lansing MI 4iFeir50-7a7I Retiree Rehire Certification For Stato of kiffratyganRetirg..=a Complete this form Et lec.0 retired from the state or Michigan, receive a pension, and are 54.1bSECILIellt/7 rehired by the cloth. For mare internist:on, see the back or this farm and go to www.micnigan,goviorssmfedb. and navigate to the Aiia.r You Retire.Workiug Afr"ier You Retire section. Section 1:TO be icampleted by the retiree. P.E7R.EC Hc./.13 /'..4131, 31146T, Et LI. V.51,3/1aSSER IC' .3',Y74.131EL3PFICNS / 5.73,E.T mamas-re CrY. STATE. ZIP CODE • I unde-fFlard that Defined Benefit refirees of the State Employees Rahrement Systerniwhe become employed by Me State of iltrlichigan as art employee, indepeinnent convertor. or through. 3 contractual. arrangement with another perky, agree ba forfeit :heir state per.sion for the duration of the reemployment. • I. onderstand. that forrner qualified parboipants of the Stain of Michigan Defined Cantal kution Rian who transferred from the Defined Benefit plan to the Delbert Contribution plan, retired under the .2aC2 Early Out and became reemployed as described above. for-Fe:their retirement oltolvance payment for the durattrin of the reempinyment. However, the Defined Contribution aosoir untie) and any associated payouts would not be effected. • I understand that if an employed by the state of gioni.gon for any ceded of time within the month. E forfeit the entire pension 'payment far I/131 month. . I understand that I am required to repay any previous state of klichtgon pension payments received in error while working for the state of Michigan as a retiree, • ii uncerstand that in orderto reinstate my pension payments. I must inform ;he Offioa of Retirement Services (ORS) in writing when my reemployment with the state of iilicolgan ends. • [-understand thel I don only be enrollee in rifle Stele proud insurance plan, either tie retiree or eclisrie employee group insurance glen. Plea:eche:1r one box'. li=1 I em comedy enrolled in Me retiree group insurance olen end choose to eermaira kir this plan. i uncerstand that cRa will bill me directly teethe retiree cost share of this thsbrance plan, ID I am cumendy enrolled in the refire:: group Insurance plan and ohoose So oancet roy enrollment 31 Ihig plea. o I am not currently Enrolled frir the entree group insurance pl3r1. LII accordance with Public Act 2fl0 of 1944 eat emended.. I certify dial,' am refired from the siate 01 !Atli-1'9,7n and I underwent' the condit ticria ziocroftd above. Ra7raft•salehAP.RE air:es-Ica= Section 2: To be completed end signed by the employing agency. I certify thel the a Praire Inclimidual, will be e.rridadyed with the state of ktionigan starting : ze F,FLCTING 020500 NAVE. ertemNo.NIVitir: Oth,,,,C7X/01g 4F-1`,T.1 1F.1.041C,3 Cur.1:331. eCFLOYInIO AMINCY. -5:330CSE EV3LaiI/43 ,/,^I.C.1' 3^/7/7:000/1,3%.1P,E 13•35airau tithe ernelenying agency listed abode iTre a tempo ary amploymenrarourstracting '..7,13'lls.-y. trlOhitin the.siote of Mibtrigan deportraentiagency contact information below and wane copy of Me completed form to the -deportment listed. SOH CF-.AXIMENT///,‘XE sod OE?-...i.T413/11. CC147A07:./A./.ke TE/.31.1-1C/V3,1.1..1AOF,ti Employing agency return the completed 131TH -"iChr Wilde of Retirement Services, P.O. Box 10171, Lansing, HI 49905-7671- laitteerlOth, ,iuthtviLy. [bit 411103/i i11111111111111:111E11111k111111L1111111111111111111111i1111:111 Page 30 of 30 Rev 4/2014 Ali other versions are obsolete 4,1 1 •-••n•n C1.11,-41 1 Please complete information for only 1VISHDA-certified counselors using additional pages if necessary Acknowledgement I certify in accordance with Articles 5 and 8 of the Agreement, as the person authorized to sign for our agency, the listed housing counseling staff are currently employed by: Oakland County Housing Counseling Kathy Williams 9 Agency Name Authorized Agency Representative Yrs. of program management experience 38-6004876 Federal ID Number Supervisor Title 06/16/2014 Date Completed ' Housing Counseling Program Employee: Joe Sample Title: Housing Counselor Pay Rate: 1 $20.00 Email Address: Jsampleagency.org @ Business Phone: 517.555.2222 MSHDA Certified Counselor: E Yes 0 No If yes, provide last 4 digits of SS#-: 1234 Weekly work hrs with counseling program • Yrs of HC Exp Within the past 2 yrs only list training, provided by, date Within the past 2 yrs only list name of certification, received from, date received: 1. NCHEC Homeownership Counseling 6/2012 2 MSHDA Counselor Certification 3/2012 3. attended: 1. NW H0250 5/2012 2. MSHDA Counselor Training 312013 3. MN H0321 612013 Bilingual: N Yes El No Language(s): Spanish French Years of Exp: 15 Years of Exp: 2 35 7 Housing Counseling Program Employee: Shameka Davenport Title: Housing Counselor Pay Rate: 47.75 Email Address: Davenports@oakgov.com Business Phone: 248.858.5310 MSHDA Certified Counselor El Yes El No If yes, provide last 4 digits of SS#: 4074 • Weekly work hrs with counseling program Yrs of HC Exp 5. NW H0 2 06 e 1 02 / 2 01 3 Within the past 2 yrs only list training, provided by, date Within the past 2 yrs only list name of certification, received from, date received: 1_ Homeownership Counseling, Neighborwoks, 06/2012 2_ MSHDA Counelor Certification 03/2013 attended: 1. MSHDA Training (BMGC) 04/2014 2. MSHDA Housing Counseling Training 0312013 3. Fair Housing Training, FHCMD 05/2013 4. NW H0253e109/2012 6. NW H0229, 06/2012 7_ Making Effective Presentations, OC, 1112012 Bilingual- 1::] Yes 0 No Language(s): Years of Exp: Years of Exp: 16 5 Housing Counseling Program Employee: Lon Shook Title: Counselor Pay Rate: 52.23 Email Address: Shookl@oakgov.com Business Phone: 248.492-9200 MSHDA Certified Counselor: El Yes El No If yes, provide last 4 digits of SS#: 8156 Weekly work hrs with counseling program Yrs of HO Exp. Within the past 2 yrs only list training, provided by, date Within the past 2 yrs only list name of certification, received from, date received: 1. Foreclosure Intervention, NeighborVVorks, 07/2013 2. Home Ownership Counseling, NeighborWorks, 08/2013 3. HECM Roster Counselor, HUE), 01/2014 attended: 1. MSHDA 'Training (BMCC) 04/2014 2. NWH0272 0212014 3. MSHDA Annual Training (BMCC) 04/2013 4. Fair Housing Training FHCMD 05/2013 5 NWHO206 05/2013 6. MSDHA Annual Training 06/2012 Bilingual: E Yes El No Language(s): Years of Exp: Years of Exp: 40 7 Please complete information for only IVISHDA-certified counselors using additional pages if necessary Acknowledgement I certify in accordance with Articles 5 and 8 of the Agreement, as the person authorized to sign for our agency, the listed housing counseling staff are currently employed by: Oakland County Housing Counseling Kathy Williams 9 Yrs. of program management experience Agency Name Authorized Agency Representative 38-6004876 Federal ID Number Supervisor Title 06/16/2014 Date Completed Housing Counseling Program Employee: Joe Sample Title: Housing Counselor Pay Rate: $20,00 Email Address: Jsample@agency.org Business Phone: 517.555.2222 MSHDA Certified [E] Yes Counselor: If yes, provide last 4 digits of SS#: 1234 Weekly work hrs with counseling program , Yrs of HC Exp Within the past 2 yrs only list training, provided by, date Within the past 2 yrs only list name of attended: 1. NW H0250 5/2012 2. MSHDA Counselor Training 3/2013 3. NW H0321 6/2013 certification, received from, date received: NCHEC Homeownership Counseling 6/2012 2. MSHDA Counselor Certification 3/2012 3. • No Bilingual: Ell Yes Language(s): Spanish French Years of Exp: 15 Years of Exp: 2 35 7 • No Housing Counseling Program Employee: JoAnne Hill-Brookshear Title: Housing Counselor Pay Rate: 38.54 Email Address: Hill-Brookshearj@oakgov.com Business Phone: 248.858.5407 MSHDA Certified Ej Yes Counselor: If yes, provide last 4 digits of SS#: 7723 Weekly work hrs with counseling program • .• Yrs of HO Exp Within the past 2 yrs only list training, provided by, date Within the past 2 yrs only list name of attended: 1. M5HDA Training (BMOC) 04/2314 2. MSHDA Training (BMCC) 04/2013 3. Fair Housing Training, FHCMD 05/2013 4. NW H0229 0612012 5. NW H0206e103/2013 6. NW H0102e108/2012 7. Making Effective Presentations, DC, 11/2012 8. MSHDA Annual Training 06/2012 certification, received from, date received: 1. Homeownership Counseling, Neighborwoks, 06/2012 • No Bilingual: El Yes El No Language(s): Years of Exp: Years of Exp. 40 4 Housing Counseling Program Employee: Title: Pay Rate: Email Address: Business Phone: , MSHDA Certified Counselor: [X] Yes fl No If yes, provide last 4 digits of SStt- 8156 Weekly work hes with counseling program Yrs of HC Exp. Within the past 2 yrs only list training, provided by, date Within the past 2 yrs only list name of attended: certification, received from, date received: Bilingual: 0 Yes 1X1 No Language(s): Years of Exp: Years of Exp: Please complete information for only MSHDA-certified counselors using additional pages if necessary Acknowledgement I certify in accordance with Articles 5 and 8 of the Agreement, as the person authorized to sign for our agency, the listed housing counseling staff are currently employed by: Oakland County Housing Counseling Kathy Williams 9 Yrs. of program management experience Agency Name Authorized Agency Representative 38-6004876 Supervisor 06/16/2014 Federal ID Number Title Date Completed Housing Counseling Program Employee: Joe Sample Title: Housing Counselor Pay Rate: $20.00 Email Address: Jsample@agency.org Business Phone: 517.555.2222 MSHDA Certified Counselor: E] Yes El No If yes, provide last 4 digits of SS#: 1234 Weekly work hrs with counsel ing program Yrs of HC Exp Within the past 2 yrs only list training, provided by, date Within the past 2 yrs only list name of certification, received from, date received: NCHEC Homeownership Counseling 6/2012 2. MSHDA Counselor Certification 3/2012 3. attended: 1. NW H0250 5/2012 2. MSHDA Counselor Training 3/2013 3. NW H0321 6/2013 Bilingual: IA Yes 111 No Language(s): Spanish French Years of Exp: 15 Years of Exp: 2 35 7 Housing Counseling Program Employee: Kathy Williams Title: Supervisor Pay Rate: 56.14 Email Address: Williarnska@oakgov_com Business Phone: 248.858.1889 M.SHDA Certified Counselor. [g Yes 0 No If yes, provide last 4 digits of SS#: 0314 Weekly work hrs with counselling program Yrs of HC Exp Within the past 2 yrs only list training, provided by, date Within the past 2 yrs only list name of certification, received from, date received. 1. Foreclosure Intervention, NeighborWorks, 05/2014 2_ HECM Roster, HUD, 09/2012 3. Homeownership Counseling, Neighborwoks, 02/2012 attended: 1. MSHDA Training (BMCC) 04/2014 2. NW209 04/201 3. NW H0003WT 05/2014 4, NWH0005VVT 03/2014 5. MI Real Estate Cont Ed. 10/2013 6. NW H0265e1 06/2013 7. IvISHDA Training (BMCC) 04/2013 8. Making Effective Presentations, OC, 11/2012 9. MSHDA Counselor Training, 06/2012 Bilingual: 0 Yes El No Language(s): Years of Exp: Years of Exp: 40 9 Housing Counseling Program Employee: Margaret Harris Title: Counselor Pay Rate: 51.55 Email Address: HarrismOoakciov.com Business Phone: 248.858.2072 /V1SHDA Certified Counselor: [X] Yes E No If yes_ provide last 4 digits of SS#: 8156 Weekly work h rs with counseling program Yrs of HO Exp. Within the past 2 yrs only list training, provided by, date Within the past 2 yrs only list name of certification, received from, date received: 1. Foreclosure Intervention, NeighborWorks, 08/2012 2. Housing Counseling, NeighborVVorks 08/2013 3. Home Ownership Counseling, NeighborVVorks, 06/2012 attended: 1. MSHDA Training (BMCC) 04/2014 2. Fair Housing Training, FHCMD, 05/2013 3. (VISHDA Annual Training 01/2013 4. Making Effective Presentations, OC 11/2012 5 MSHDA Counseling Training, 08/2012 6. NVVH0229, 06/2012 Bilingual: 0 Yes [X] No Language(s) Years of Exp: Years of Exp: 40 5 svi 'ed /14 MSHDA Housing Education Program MSHDA DIVISION FUNDING for the 07/112014 - 6/30/2015 Program Year Prior to your agency's contract approval you must provide an itemized list of all MSHDA resources from each Division your agency is currently or proposed to received for the 2014 Program Year (i,e., NSP, Contractor/Agency: Oakland County Housing Counseling IViSHDA Division Type of Funds Time Period of Funds Rental Assistance & Homeless Solutions FSS Case Coordinator 10/1/14 - 6/30/15 None Total Amount of IVISHDA Funds our Agency Receives: ED Name: Kerry L. Rieth i) ED Signature: =;,:' OA,/ f? ? 7;2,6 MSHDA's Legal Department Acknowledges Reciept: Legal Department Signatory: Date: Date: FISCAL NOTE (MISC . #14157) July 16, 2014 BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS - COMMUNITY & HOME IMPROVEMENT DIVISION — FY 2014 MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY HOUSING EDUCATION PROGRAM AGREEMENT FOR COUSELING 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 MSHDA Housing Education Program Grant supports delivery of counseling services to homeowners for pre-purchase and to prevent or resolve mortgage delinquency, default, and foreclosure with the primary objective to preserve homeownership. 2. MSHDA has awarded $42,000 to the Community & Home Improvement Division's Housing Counseling and Homeless Services Unit. 3. The MSHDA Housing Education Program Grant amount of $42,000 will be supplemented with FY 2014 Community Development Block Grant (CDBG) funds and Oakland County Housing Counseling funds, for a total project amount of $523,703. 4. MSHDA Housing Education Program Grant will supplement the federal Community Development Block Grant and Housing Counseling Grant funds allocated for the housing counselors salaries and fringe benefits including one (1) SR FTE Housing Counseling and Homeless Services Supervisor position (1090680-03354), one (1) SR FIE Senior Community and Home Improvement Specialist position (1090680-00730), one (1) SR FTE Community and Home Improvement Specialist position (1090680-10806), one (1) SR FTE Community and Home Improvement Technician position (1090611-01457), and one (1) SR FTE Community and Home Improvement Coordinator position (1090611-06098) from July 1, 2014 through June 30, 2015. 5. No County Match is required. 6. FY 2014 Budget Amendment is recommended as follows: FY 2014 $42,000 $42,000 $22,600 $19,400 $42,000 MSHDA — Housing Education Grant #29722 GR0000000686 Activity GLB, Analysis Type GLB, Bud Ref 2014 Revenue 1090680-132210-615571 ComHmHsgCo —State Operating Grant Total Revenue Expenditure 1090680-132210-702010 ComHmHsgCo - Salary 1090680-132210-722740 ComHmHsgCo — Fringe Benefit Total Grant Expenditure FINANCE COMMITTEE FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Middleton absent. Resolution #14157 July 16, 2014 Moved by Weipert supported by Jackson the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES: Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Jackson, Long, Matis, McGillivray, Middleton, Scott, Spisz, Taub, Weipert, 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). n( HeReay APPROVE THIS RESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE, ACTING PURSUANT TO MCL 45.559A (7) STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on July 16, 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 161h day of July 2014. Lisa Brown, Oakland County