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HomeMy WebLinkAboutResolutions - 2015.07.29 - 21933G ANEI BUILDLLIR COMMITTEE PLANNING AND BUILDING COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Crawford dEsent. MISCELLANEOUS RESOLUTION # 15197 July 29, 2015 BY: Planning and Building Committee, Philip Weipert, Chairperson IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS - COMMUNITY & HOME IMPROVEMENT DIVISION - FY 2015 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 (HEP) which is a network of counselors who provide homebuyer education and foreclosure prevention services; and WHEREAS MSHDA has awarded $44,625.00 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 275 billable units of housing counseling services ranging from $50 to $250 per household not to exceed $44,625; 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 1,2015 through June 30, 2016; 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), and one (1) SR FTE Community and Home Improvement Field Technician position (1090611-01457)); 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 2015 Michigan State Housing Development Authority Housing Education Program Agreement totaling $44,625 to provide approximately 275 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 1,2015 through June 30,2016. 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. Kathy Williams From: Sent: To: Subject: Attachments: West, Catherine <westca@oakgov.com > Wednesday, July 08, 2015 10:32 AM Rieth, Karry L; Williams, Kathy A; Tinsley, Monica E; Kline, Valerie L GRANT REVIEW SIGN OFF: Economic Development & Community Affairs Dept., Community & Home Improvement Division - Program Year (PY) 2015/2016 Housing Education Program - Grant Acceptance 2015ContractHEPMSHDA.pdf; MSHDA2015HEPContract.pdf GRANT REVIEW SIGN OFF— Community & Home Improvement Division GRANT NAME: Program Year (PY) 2015/2016 Housing Education Program FUNDING AGENCY: Michigan State Housing Development Authority (MSFIDA) DEPARTMENT CONTACT PERSON: Karry Rieth 248 858-5403 STATUS: Grant Acceptance DATE: July 8, 2015 Pursuant to Misc. Resolution #13180, please be advised the captioned grant materials have completed internal grant review. Below are the returned comments. The captioned grant materials and grant acceptance package (which should include the Board of Commissioners' Liaison Committee Resolution, the grant agreement/contract, Finance Committee Fiscal Note, and this Sign Off email containing grant review comments) may be requested to be placed on the appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution. DEPARTMENT REVIEW Department of Management and Budget: Approved. — Laurie Van Pelt (7/6/2015) Department of Human Resources: FIR Approved (No Committee) Continues Positions — Lori Taylor (717/2015) Risk Management and Safety: APPROVED WITH MODIFICATION. Please note the following: 1. Section 5. Insurance on pages 2 and 3 states "All insurance required under this Agreement shall be acquired at the Contractor's expense, under valid and enforceable policies, issued by insurers of recognized responsibility" and "Failure to secure and/or maintain insurance coverage shall be deemed a material breach and grounds for immediate termination of this Agreement". Oakland County is self-insured for many of its' exposures, including those required by this agreement, and therefore does not comply with this section as stated. This section should be modified to allow the insurance requirements to be met through self-insurance. 2. Section 15 on page 10 contains indemnification language and I defer to Corporation Counsel on this issue. — Robert Erlenbeck (7/6/2015) Corporation Counsel: APPROVAL WITH MODIFICATION Section 15 - Indemnity and Non-Limitation. Mich. Const. art. IX, § 18 (page 10) - should be modified. The same reasons the State of Michigan cannot indemnify third-parties applies to Oakland County. The current language in Section 15 may be replaced with the following: 1 "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 either party's liability for or immunity from tort claims. This Agreement is not intended 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." — David N. Amu (7/7/2015) 2 CONTRACT NO. 2015-HEP-29 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 2015, 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 Rd, Suite 1900, Pontiac, MI 48341 ("Contractor") for the purpose of providing MSHDA Housing 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, 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, 2016. Page 1 of 27 Rev 6/2015 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 FOUR THOUSAND SIX HUNDRED TWENTY FIVE DOLLARS ($44,625,00) which includes $44,625.00 for services and $0.00 amount for administrative fees. 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. 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, under valid and enforceable policies, issued by insurers of recognized responsibility. 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 Page 2 of 27 Rev 6/2015 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 representative, and will be retained for four (4) years after the expiration of the Agreement unless permission to destroy them is granted by both the Authority and the State of Michigan. 7. 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 ennployee .or applicant for employment with respect to hire, tenure, terms, conditions, privileges of employment, or a matter directly or indirectly related to employment because of race, color, religion, national origin, age, sex, height, weight, marital status, familial status, or disability. Breach of this covenant may be regarded as a material breach of this Agreement. 8. 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, Page 3 of 27 Rev 612015 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. 9. 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 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. 10. Project Representatives. The Contractor designates the following individual as project representative for all matters concerning this Agreement: • Karry Rieth 250 Elizabeth Lake Rd, Suite 1900 Pontiac, MI 48341 Page 4 of 27 Rev 6/2015 Phone: (248) 858-5403 Fax: (248) 858-5311 riethk@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 fergusonr1@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. 11. 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 inr Exhibit B, attached and incorporated into this Agreement. Key Persons 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 B-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 B, which is the Certificate Verifying Key Persons of the Page 5 of 27 Rev 6/2015 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 shall complete and submit to the Authority an additional or revised Certificate for that employee, agent, or independent contractor. (See Section 12 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 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. Page 6 of 27 Rev 6/2015 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 C — Retiree Rehire Certification attached and incorporated into this Agreement, to withhold the retiree's pension payments during the term of this Agreement. 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. Page 7 of 27 Rev 6/2015 12. 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. The following examples are provided to illustrate conflicts under this Agreement: 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. Page 8 of 27 Rev 6/2015 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. 13. 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 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 Page 9 of 27 Rev 6/2015 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 U.S.C. § 1913 (2002). 14. 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. 15. 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 either party's liability for or immunity from tort claims. This Agreement is not intended 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. 16. 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 Page 10 of 27 Rev 612015 subcontract, the Contractor shall include the following information about the subcontractor: i. Name of Subcontracting Firm; ii. Work that will be subcontracted; iii. Names of individuals who will perform the subcontracted work; iv. Subcontractors project representative and/or Key Person (See Section VI); and v. List any and all Authority programs through which the subcontractor or the subcontractor's employees, officers, directors, members, shareholders or officeholders participate. c. In the event the Contractor retains a subcontractor in accordance with Section 16b 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 all 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 11 (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 Page 11 of 27 Rev 612015 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. 17. 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 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 under contract with the Contractor for the performance of 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. Page 12 of 27 Rev 6/2015 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. 18. 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 between the Authority and the Contractor or any of its employees or agents. The Contractor, its employees and subcontractors, shall be deemed at all times 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 law). 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. Page 13 of 27 Rev 6/2015 19. 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. 20. Disclosure of Information. Other than as contemplated by this Agreement, the Contractor, its agents, and subcontractors, without the prior consent of the Authority shall not: 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. 21. 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 10, 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 Page 14 of 27 Rev 6/2015 expressly stated in this Agreement or an amendment to this Agreement executed by both parties. 22. 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 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. If non-compliance and/or deficiencies are identified and are not corrected to the satisfaction of the Authority within thirty (30) days after the date of the notice, the Authority, in its discretion, may terminate the Agreement. 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. 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. The Product or Services may be Page 15 of 27 Rev 6/2015 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 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 time 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 Page 16 of 27 Rev 6/2015 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 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 due the Authority. 23. 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. 24. 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 Page 17 of 27 Rev 6/2015 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. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 18 of 27 Rev 6/2015 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: Mary Townley, Director of Homeownership OAKLAND COUNTY COMMUNITY & HOME IMPROVEMENT DIVISION Date: By: Page 19 of 27 Rev 6/2015 CONTRACT NO. 2015-HEP-29 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 ("MSHDA" or "Authority") Housing Education Program ("HEP") funds is to facilitate Education for clients seeking to purchase or retain a home. Pre-Purchase services include Homebuyer Education, Financial Capability, Pre-Purchase Inspection Services and Pre-Purchase Individual Services. Foreclosure Services address 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 FOUR THOUSAND SIX HUNDRED TWENTY FIVE DOLLARS ($44,625.00) 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 HEP Policies and Service Guideline Manual subject to the terms and conditions of this Agreement. II. Objectives & Tasks. A. Objectives. To successfully perform the services described in Section 1 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. 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. 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 its Application, thereby assuring that all critical components of effective counseling are present for each participant based on MSHDA guidelines. Page 20 of 27 Rev 6/2015 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. The term of this agreement shall commence on July 1, 2015 and will continue until funds have been exhausted and/or the Agreement ends on June 30, 2016. 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 HER 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. Loss of Certified Counselors. The Contractor will provide the Authority's Housing Education Program Staff with written notice of loss of the Contractor's Certified Counselor Staff. The Contractor agrees to provide the Authority with written notice within 15 calendar days of when change occurs. 4. Certification. To become a Certified Counselor, an employee of the Contractor must su6cessfully pass MSHDA's New Counselor Training conducted by the Authority. 5. Annual Training for Certified Counselors. To remain certified, the Contractor's Certified Counselors must attend designated annual training sessions delineated by the Authority; Contractor must update training information for their MSHDA counselors in MATT 2.0. 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 thirty (30) days after the date of the notice, the Authority may, in its sole discretion, terminate this Agreement in accordance with Section 22 of this Agreement. Page 21 of 27 Rev 612015 E. Return of Equipment and Documents. Upon termination of the Agreement, the Contractor will be responsible for promptly returning all MSHDA HEP 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, Ml 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 four (4) 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: Homeownership Division, Housing Education Program Michigan State Housing Development Authority 735 E. Michigan Avenue, P.O. Box 30044 Lansing, Ml 48909 G. Record Keeping. The Contractor shall maintain records such as personnel activity records (PARs) or any other records deemed necessary by the Authority to assure a proper accounting for all engagement costs. Records shall be made available to MSHDA HEP staff upon request. 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, Page 22 of 27 Rev 6/2015 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 report all client demographic, type and level of service provided as well as outcome achieved in MSHDA's MATT 2.0 client management system. III. Disbursement Process. The Contractor shall receive reimbursement on a fee for service basis against the HEP grant award by entering client services provided in MSHDA's MATT 2.0 client management system. Services provided must occur between July 1, 2015 and June 30, 2016. Client services cannot be billed/invoiced until MSHDA has received a fully executed Agreement. IV. Authority responsibilities. A. Conduct compliance reviews and/or audits based on National Industry Standards ("NIS") and MSHDA Policy and Guidelines. B. 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 shall 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 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, 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. Page 23 of 27 Rev 6/2015 C. Notice Requirements for Criminal and Civil Claims. All notices under Subsection 1 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 24 of 27 Rev 6/2015 CONTRACT NO. 2014-HEP-29 MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY AGREEMENT FOR PROFESSIONAL SERVICES WITH OAKLAND COUNTY COMMUNITY & HOME IMPROVEMENT DIVISION EXHIBIT B 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: (1) Name (Print or type name above line) Title with Contractor Is the Key Person a retiree who receives a pension from the Michigan State Employees Retirement System? Yes /No (2) Name (Print or type name above line) Title with Contractor Is the Key Person a retiree who receives a pension from the Michigan State Employees Retirement System? Yes /No (3) Name (Print or type name above line) Title with Contractor Is the Key Person a retiree who receives a pension from the Michigan State Employees Retirement System? Yes /No (4) Name Page 25 of 27 Rev 612015 (Print or type name above line) Title with Contractor Is the Key Person a retiree who receives a pension from the Michigan State Employees Retirement System? Yes /No (5) Name (Print or type name above line) Title with Contractor Is the Key Person a retiree who receives a pension from the Michigan State Employees Retirement System? Yes /No (6) Name (Print or type name above line) Title with Contractor Is 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 26 of 2'1 Rev 6/2015 CONTRACT NO. 2014-HEP-29 MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY AGREEMENT FOR PROFESSIONAL SERVICES WITH OAKLAND COUNTY COMMUNITY & HOME IMPROVEMENT DIVISION EXHIBIT C RETIREE REHIRE CERTIFICATION Department orrecOnalogy., Management & Ze.s doh Ofce &Retirement Smices 61,44.7,1‘2,-Zat cj ael.elff PO Sox,In171 Lensing Mt 48gDP-iel1 Retiree Rehire Certification For Stare of afto:Van gere,e,o Curytate thls form it yqu .1*-ired WTI the hate of f.thigan. receive pension__ and. are satOseeoemby f.ehIted by le etsfa, For MOM hfrxrnatbn, see the tacit ofthis fmrn and go to wwwaelonfonmoveors -statedia, and na'Agote to the After You e& WoJld rig Alfer You Retire sedan. Section 1: lb bozo:motet-ea by the retfree. NAO."4 FRE7,kti, SWNIEVEER,D OAYMAETK,=.,'. G-17Y,61-K,T.;Z:5 Q.31 • I onderstaed hat Delved Benefit refts of the Stale Employees Ff eOtement system whoIna..-ae employed by he 5tate olMichigan :es an employee, tndepandenfrorttra,alor,. orhnot.f2h a contractual arrangement with ember party. agree, to forfeit thek state. 17141. lin fortte duret,ort feernoloyenwrt. • Iundefotand that former op33ll:5ex'. parf,pants of the State of Zaffgan Defined - Contribution Rae who transfeered from b,le Deirted Beneft Flan ea iffe Defined Donbilafam plan. ret-ed under the 2002 Godly Out, Witt became memployeal as deactlbed above. todeft their relteroe nt Americo par:tont for the dureVon ofthe-teemploraent. However, the Def.oed Conirtbk.diolaacrounfts) and any .ASSWaiL., payouts would not be affected.. • uodefstand that if I am employed by the 1 mieipitfar.arly pefied lnit wf-..hfn the month. I forfel ente pension payment fp: hat month, • t understand that am required to repay any - Frevious sbte ofthtonigar pension paymenis rettefieti Inemor While worf.ingfot The stale of Mio-bigen as a regrea„ • underhand hal in order WT.:4-447..10.w woeful ptamente. I must infOrm the Offoe of Ref:emelt Servfoae (ORS) wrItng wtien reempftyment with he state of Mfonigan ends. • uoderstand Hut tan only L4 candled fel one .1 -te group insurarote Wart, 4i:1aste ret tee anaoilve employee gtouta insureioa Plan. Please :hook one Sex O am eutrenty enreled the fertkee Droop Znsufance plan and C.hPC15% tafemafn his 011,1 of:de -rata:1d that ORS ea eflt Ta raofy tot th# fettee cast share of this tesomme p7arq, • I -an tuffoey treated trt the rebree glottis -Uesurante plan and choose fa Panoef trey ammilment in *is plan, O I am not currently enrolled in the reiree group insurance plan. a=niance alt FubfizAot 249 a /943, ea entereleA Izedify Oat arn reeral Porn the Ifefe of Mch:gan and / underorattoi tee oortakketo apfaxt abova, eat:soma %wiener DA7F: Sf MEM Se 2: Tote CPmF4g.te4 ;and 5iired the eoutfoyfng agency. f eerbly that the above hdfuidtsal wit be cool-flee .e9:h he ste of aPaa starthg } PIZ - E9=1,7411:4S-F4:-ESO'14-We EmorttetAahicatttztoascTet Ye ;refit) TEXPliC,SEMNELl: EVFLGIINE,W,VICY-1.7:2MT-1 he, tovfeaa r!..—... 0 ZN77% CT t . ' aN A7-.. 1 F i E. aria tla!,,L If the employfng egeney fisted a bove in a temparaty employment:sr pont:riding agency. provide the .efate of Michigan departmargagenty content beetreaon below and sere a =pp of the -completed loom la the department b.seed. P,r.i.7--kr,"TELS,..%11.W.a sour OM.ATTAIENT CV1Z,C77,0W.E. )'-q-iaN—= fitAlEaA. Employirg. agency mern the completed form tot Office a Retirement Sere F4,410.4-PAY. t0/201111 01.*17 ,P.O.13o* 30171, Lansing, Mt 489159-167 11111111111111 1111.11111f1111111111111111111 Page 27 of 27 Rev 6/2015 Expenditure 1090680-132210-702010 1090680-132210-722740 ComHmHsgCo - Salaries ComHmHsgCo - Fringes Total Grant Expenditures FISCAL NOTE (MISC. #15197) July 29, 2015 BY: Finance Committee, Tom Middleton, Chairperson IN RE:: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS - COMMUNITY & HOME IMPROVEMENT DIVISION - FY 2015 MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY HOUSING EDUCATION PROGRAM AGREEMENT FOR COUNSELING SERVICES - ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The 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 $44,625 to the Community & Home Improvement Division's Housing Counseling and Homeless Services Unit. 3. The MSHDA Housing Education Program Grant amount of $44,625 will be supplemented with FY 2015 Community Development Block Grant (CDBG) funds and Oakland County Housing Counseling funds, for a total project amount of $419,775. 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 FTE Senior Community and Home Improvement Specialist position (1090680-00730), one (1) SR FTE Community and Home Improvement Specialist position (1090680-10806) and one (1) SR FTE Community and Home Improvement Technician position (1090611-01457) from July 1,2015 through June 30, 2016. 5. No County Match is required. 6. FY 2015 Budget Amendment is recommended as follows: MSHDA — Housing Education Grant (#29722) GR0000000727 Activity GLB, Analysis Type GLB, Bud Ref 2015 Revenue 1090680-132210-615571 ComHmHsgCo —GrState Total Revenue Community Development Block Grants (#29701) GR0000000680 Activity GLB, Analysis Type GLB, Bud Ref 2014 Expenditures 29701-1090680-132210-702010 Salaries-Regular 29701-1090680-132210-722740 Fringe Benefits 29701-1090601-172160-731521 Public Services FY 2015 $44,625 $44,625 $26,775 $17,850 $44,625 ($26,775) ($17,850) $ 44,625 $ FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Long, Crawford and Zack absent. Resolution# 15197 July 29, 2015 Moved by Spisz supported by Jackson the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Dwyer, Fleming, Gingen, Gosselin, Hoffman, Jackson, KowaII, Long, Matis, Middleton, Quarles, Scott, Spisz, Taub, Weipert, Zack, Bowman, Crawford. (18) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted (with accompanying reports being accepted). 7/3 I HEREBY 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 29, 2015, 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 29th day of July 2015. V6- — - Lisa Brown, Oakland County