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HomeMy WebLinkAboutReports - 2024.01.18 - 40938 AGENDA ITEM: Acceptance from the Michigan State Housing Development Authority of the 2023- 2024 Housing Education Program DEPARTMENT: Health & Human Services - Neighborhood and Housing Development MEETING: Board of Commissioners DATE: Thursday, January 18, 2024 6:00 PM - Click to View Agenda ITEM SUMMARY SHEET COMMITTEE REPORT TO BOARD Resolution #2023-3704 Motion to accept the PY 2024 - 2025 Michigan State Housing Development Authority Housing Education Program grant totaling $20,000 for the period July 1, 2023 through June 30, 2024 and authorize the Chair of the Board of Commissioners to execute the attached grant agreement; further to amend the budget as detailed in the attached Schedule A. ITEM CATEGORY SPONSORED BY Grant Penny Luebs INTRODUCTION AND BACKGROUND The Michigan State Housing Development Authority's (MSHDA) Homeownership Division created the Housing Education Program (HEP), the purpose of which is to facilitate education for persons seeking to rent, purchase or retain a home. The HEP partners with housing counseling agencies to provide individuals residing in Michigan access to housing education and counseling to help them make informed choices about homeownership. MSHDA has awarded $20,000 to the Neighborhood Housing & Development Division to perform homebuyer education, pre-purchase, financial capability, and foreclosure services for Oakland County households in accordance with adopted National Industry Standards for Homeownership Education and Counseling. MSHDA shall reimburse Neighborhood Housing & Development Division housing counselor salary and fringe benefit costs not to exceed $20,000 to facilitate housing education services for clients seeking to purchase or retain a home for the period July 1, 2023 through June 30, 2024. The Division shall use this grant revenue in addition to the federal Community Development Block Grant and Housing Counseling Grant to fund the housing counselors' salaries and fringe benefits, including one (1) Special Revenue (SR) Full Time Eligible (FTE) Housing Counseling and Homeless Services Supervisor position (P00003354), one (1) SR FTE Senior Neighborhood & Housing Development Specialist - Senior position (P0000730) and one (1) SR FTE Neighborhood & Housing Development Specialist - Senior position (P00010806); and This grant acceptance has completed the Grant Review Process in accordance with the Grants Policy. POLICY ANALYSIS Acceptance of this grant does not obligate the county to any future commitment and continuation of this program is contingent upon continued future levels of grant funding. BUDGET AMENDMENT REQUIRED: Yes Committee members can contact Michael Andrews, Policy and Fiscal Analysis Supervisor at 248.425.5572 or andrewsmb@oakgov.com, or the department contact persons listed for additional information. CONTACT Khadija Walker-Fobbs, Neighborhood & Housing Development Officer ITEM REVIEW TRACKING Aaron Snover, Board of Commissioners Created/Initiated - 1/18/2024 AGENDA DEADLINE: 01/18/2024 6:00 PM ATTACHMENTS 1. PH&S_NHD_PY2023-24 Housing Ed Program (HEP)_Sch. A 2. Grant Review Sign-Off 3. 2023-2024 MSHDA HEP_Grant_Agreement Oakland County UPDATES 4. 2023-2024 MSHDA HEP_Grant_Agreement 5. 2023-2024 MSHDA HEP Grant Agreement Authorized_Signature_Designation_Form (1) COMMITTEE TRACKING 2024-01-09 Public Health & Safety - Recommend to Board 2024-01-18 Full Board - Adopt Motioned by: Commissioner Ajay Raman Seconded by: Commissioner Ann Erickson Gault Yes: David Woodward, Michael Gingell, Penny Luebs, Karen Joliat, Christine Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson, William Miller III, Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ajay Raman, Ann Erickson Gault, Linnie Taylor (17) No: None (0) Abstain: None (0) Absent: Kristen Nelson, Michael Spisz (2) Passed Oakland County, Michigan HEALTH AND HUMAN SERVICES DEPARTMENT/NEIGHBORHOOD AND HOUSING DEVELOPMENT DIVISION - PY 2023-2024 HOUSING EDUCATION PROGRAN FROM THE MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY HOUSING Schedule "A" DETAIL R/E Fund Name Division Name Fund # (FND)Cost Center (CCN) # Account # (RC/SC) Program # (PRG)Grant ID (GRN) # Project ID # (PROJ) Region (REG) Budget Fund Affiliate (BFA) Ledger Account Summary Account Title FY 2024 Amendment FY 2025 Amendment FY 2026 Amendment R Housing & Community Developmet Neighborhood & Housing Development FND11006 CCN1060702 RC615571 PRG132210 GRN-1004377 615000 State Operating Grants $20,000 $20,000 $20,000 Total Revenues $20,000 $20,000 $20,000 E Housing & Community Developmet Neighborhood & Housing Development FND11006 CCN1060702 SC702010 PRG132210 GRN-1004377 702000 Salaries $15,000 $15,000 $15,000 E Housing & Community Developmet Neighborhood & Housing Development FND11006 CCN1060702 SC722790 PRG132210 GRN-1004377 722000 Social Security 1,148 1,148 1,148 E Housing & Community Developmet Neighborhood & Housing Development FND11006 CCN1060702 SC722770 PRG132210 GRN-1004377 722000 Retirement 3,447 3,447 3,447 E Housing & Community Developmet Neighborhood & Housing Development FND11006 CCN1060702 SC722810 PRG132210 GRN-1004377 722000 Disability 225 225 225 E Housing & Community Developmet Neighborhood & Housing Development FND11006 CCN1060702 SC722820 PRG132210 GRN-1004377 722000 Unemployment 9 9 9 E Housing & Community Developmet Neighborhood & Housing Development FND11006 CCN1060702 SC722760 PRG132210 GRN-1004377 722000 Group Life 39 39 39 E Housing & Community Developmet Neighborhood & Housing Development FND11006 CCN1060702 SC722750 PRG132210 GRN-1004377 722000 Workers Compensation 132 132 132 Total Expenditures $20,000 $20,000 $20,000 GRANT REVIEW SIGN-OFF –Health & Human Services – Neighborhood & Housing Development GRANT NAME: MSHFA 2023-2024 Housing Education Program FUNDING AGENCY: Michigan State Housing Development Authority (MSHDA) DEPARTMENT CONTACT: Samantha Ferguson (248)858-5312 STATUS: Grant Acceptance (Greater than $10,000) DATE: 01/02/2024 Please be advised that the captioned grant materials have completed internal grant review. Below are the returned comments. The Board of Commissioners’ liaison committee resolution and grant acceptance package (which should include this sign- off and the grant agreement/contract with related documentation) should be requested to be placed on the next agenda(s) of the appropriate Board of Commissioners’ committee(s) for grant acceptance by Board resolution. DEPARTMENT REVIEW Management and Budget: Approved – Sheryl Johnson (12/27/2023) Human Resources: Approved by Human Resources. Continues partial funding of 2 positions with no changes. HR action not needed. – Heather Mason (12/21/2023) Risk Management: Approved. Agreement allows the County to self-insure. - Robert Erlenbeck (12/26/2023) Corporation Counsel: Approved. – Christopher Ammerman (01/02/2024) MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY 2023-2024 HOUSING EDUCATION PROGRAM GRANT AGREEMENT WITH Oakland County This 2023-2024 HOUSING EDUCATION PROGRAM GRANT AGREEMENT (this ³Agreement´ is made and entered into as of the 7/1/2023 , by and between the MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY, a public body corporate and politic, located at 735 E. Michigan Avenue, Lansing, Michigan 48912 (the "Authority" or ³MSHDA´ and Oakland County located at 250 Elizabeth Lake Road Pontiac, Michigan 48341 ³Grantee´ (collectively, the ³Parties´ to set forth the terms and conditions under which the Authority will provide grant assistance to Grantee to carry out the Authority¶s Housing Education Program ³HEP´or the ³Program´ subject to the availability of funds, terms, conditions, and limitations as set forth herein (the ³Grant´  RECITALS The Authority¶s Homeownership Division created the Housing Education Program ³HEP´  the purpose of which, is to facilitate education for persons seeking to rent, purchase or retain a home. The HEP partners with housing counseling agencies ³Agency´or ³Agencies´ to provide to individuals residing in Michigan ³Clients´ access to housing education and counseling to help them make informed choices about homeownership. Additionally, Agencies may provide assistance to current homeowners or renters who are in need of foreclosure counseling, rental counseling and other related housing counseling. To be eligible as a HEP-partner, an Agency must complete HEP enrollment requirements, including but not limited to, completion of a Annual Profile Review, which must be acceptable to the Director of Homeownership (the ³Annual Profile Review´  A. HEP-2023-Oakland Coun-0038 7/1/2023 $20,000.00 GRANT NO. EFFECTIVE DATE: MAXIMUM GRANT AMOUNT: The Grantee has represented to the Authority that it fully intends to undertake or continue a program planning for or implementing housing education for persons seeking to purchase or retain a home. B. The Authority must assure that funds are being used for purposes and in a manner that are in accordance with the Act 346 of the Michigan Public Acts of 1966, as amended and the Authority's General Rules, which are incorporated herein by reference C. NOW, THEREFORE, in consideration of and as a condition to receiving the Grant, the Grantee agrees that: 1.Subject to Act and Rules. The Authority has been created and authorized under Act 346 of the Michigan Public Acts of 1966, as amended (the "Act"). All actions of the Grantee are MSHDA Housing Education Program Grant Agreement pg. 1 subject to the terms of this Agreement, the provisions of the Act and the Rules of the Authority, being R 125.101, et seq (the ³Authority Rules´ The terms and conditions set forth herein are a reasonable and appropriate means to assure the use of Grant funds in accordance with the Act and the Authority Rules. All aspects of the Grantee's plan for the use of the Grant are specifically described in and attached hereto as Exhibit A, which is incorporated herein, and the Grantee will operate as described in Exhibit A, which may be amended by the Authority from time to time. Review by the Authority. The Grantee¶s activities shall be subject to the review and, in the Authority¶s discretion, audit by Authority staff to ensure compliance with this Agreement, the Act, the Authority Rules, and the Grantee shall provide any books, records or documents in such form and at such place as the Authority may request. 2. Program Requirements. The Grantee shall, in a satisfactory and proper manner as determined by the Authority, render the services described in the HEP Housing Counseling Program Agreement entered into between the Authority and HUD, the HEP Housing Counseling Handbook, as amended from time to time, and the Program Requirements incorporated herein and attached as Exhibit A. 3. Term. The effective date of this Agreement is 7/1/2023 ³Effective Date´ Unless otherwise modified, suspended, or terminated by the Authority, as defined herein, this Agreement shall remain in effect until such time as the Grantee has: 1) expended or returned to the Authority the funds authorized hereunder or 2) 6/30/2024 whichever occurs first ³Date of Completion´  4. 5.Grant Funds Disbursement. The total amount of grant assistance to be paid by the Authority to the Grantee under this Agreement shall not exceed $20,000.00 (Twenty Thousand Dollars) for costs to facilitate Housing Education Services for clients seeking to purchase or retain a home. The Grantee agrees that disbursement(s) under this Agreement shall be made in accordance with Authority established schedules and procedures (the ³Disbursement´ The Grantee further agrees that in the event no funds are advanced or disbursed (hereafter ³advanced´and ³disbursed´are individually and collectively referred to as ³Disbursed´  within ninety (90) days of the effective starting date as defined herein, the funds authorized pursuant to this Agreement shall be subject to recapture by the Authority. Further, in no event will any Disbursement be made after a written notice by the Authority to the Grantee of a violation of this Agreement, and the violation has not been corrected to the satisfaction of the Authority. If a Disbursement is made pursuant to this Agreement for a specific purpose and is not used by the Grantee for that purpose due to conditions that make it impossible to use as provided herein, or if the Grantee decides not to use the money, upon such disbursal or upon such decision, the Disbursement shall be returned to the Authority immediately. 5. Responsibility for Costs. The Grantee assumes responsibility for any and all costs to implement the Program exceeding the amount of the Grant. If the costs of implementation exceed the amount of the Grant, the Grantee will arrange for all additional funding necessary to complete the Program. If the Grantee is unable to obtain the necessary additional funding, or firm commitments for such funding, the Grantee will not proceed with the Program and will return all Grant proceeds to the Authority. 6. Permits, Licenses, and Annual Profile Review. The Grantee and all contractors, subcontractors, subgrantees, and subrecipients 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. Additionally, the Grantee shall complete HEP enrollment requirements, including, but not limited to, completion and approval of a Annual Profile 7. MSHDA Housing Education Program Grant Agreement pg. 2 8. 13. 12. 11. Review. Insurance. The Contractor shall maintain professional liability 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 responsibility. The Authority reserves the right to reject as unacceptable any policy and/or insurer. Procurement Transactions. The Grantee shall ensure that all procurement transactions shall be conducted in a manner that provides for open and free competitions in a manner consistent with local, state and federal law. The Grantee hereby agrees that payment for services, supplies or materials shall not exceed the amount ordinarily paid for such services, supplies or materials in the area where the services are rendered or the supplies or materials are furnished. 2007 PA 95, MCL 38.68c. The Grantee 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) ³Pensioned 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 right to receive a retirement allowance for the duration of their state reemployment and the retirement system shall stop payment of the retirement allowance during their state reemployment. Effective October 2, 2010, ³employed by the state´includes engagements of pensioned retirees as independent contractors Protection of Persons and Property. The Grantee and all contractors, subcontractors, subgrantees, and subrecipients shall secure all necessary certificates and permits from municipal or other public authorities as may be required in connection with the performance of this Agreement. Non-Discrimination. Subject to applicable laws, the Grantee agrees that all activities assisted pursuant to the terms and conditions of this Agreement shall be open to all regardless of age, height, weight, marital status, sex (including sexual orientation and gender identity or expression), race, color, religion, or national origin, partisan considerations, or a disability or genetic information, and that all contractors, subcontractors, sub-grantees, and sub-recipients involved shall take affirmative action to assure an equal opportunity for employment, without discrimination as to age, height, weight, marital status, sex (including sexual orientation and gender identity or expression), race, color, religion, or national origin, partisan considerations, or a disability or genetic information that is unrelated to the person¶s ability to perform the duties of a particular job or position. Disclosures. If any member of the Grantee¶s Board of Directors or staff or the Grantee¶s agent, consultant, officer, or elected or appointed official has a conflict of interest or an identity of interest in the form of a financial interest or in the form of a common immediate family relationship with (a) any of the staff persons hired, (b) any of the persons or 10. 9. MSHDA Housing Education Program Grant Agreement pg. 3 15.Recapture and Reallocation. The Grant funds under this Agreement shall also be subject to recapture and reallocation by the Authority if, at any time, the funds are not used in accordance with terms and conditions of this Agreement. The Grantee hereby agrees that an election by the Authority to pursue any one remedy shall not be construed to preclude or be a waiver of the right to pursue any other remedy available to it. The Authority reserves the right to pursue all remedies available to it to cure any violation of this Agreement. Violation of Agreement. In the event of a violation of any of the provisions of this Agreement, the Authority will notify the Grantee in writing of the violation and the Grantee will have a 30-day period in which to correct the violation. In the event the violation is not corrected to the satisfaction of the Authority within the time prescribed herein, the Authority may: 14. households to be assisted directly or indirectly with the funds, or (c) the persons and/or businesses retained to perform technical services hereunder or with persons or businesses providing supplies or services for which funds are being disbursed under this Agreement, the Grantee shall make written disclosure to the Authority of the nature and extent of the relationship to the Authority prior to contacting with such persons and/or businesses or hiring them. The Grantee further agrees not to enter into any contractual relationship with any of the persons or entities listed above unless it has received written approval from the Authority and/or HUD as applicable. The Grantee and its Board of Directors, staff, agent, consultant, officer, or elected or appointed official shall also comply with all applicable HUD requirements and regulations regarding conflict of interest, including but not limited to, 24 CFR 85.36 or 24 CFR 84.42. a. b. immediately terminate the Grant, without further notice, in a writing signed by the Authority's Executive Director; and pursue any and all available remedies provided at law or in the Act. Termination. 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 Grantee has failed to comply with the conditions of this Agreement or in the event that funds are no longer available to the Authority. The Authority shall promptly notify the Grantee in writing of the determination and the reasons for the termination, together with the effective date of termination. Payments made to recipients or recapture of funds by the Authority shall be in accordance with the legal rights and liabilities of the parties. 16. Suspension from the Program. If the Authority discovers (a) evidence of improper billing by the Grantee, (b) evidence of Grantee¶s failure to provide the services required under this Agreement, (c) evidence of Grantee¶s failure to comply with this Agreement, or (d) funds are no longer available to the Authority, the Authority may, at its discretion, suspend the Grantee from the Program and prevent further electronic funds transfer or prohibit the Grantee from incurring additional obligations of grant funds, pending corrective action by the Grantee, resumption of funding from the Authority, or a decision to terminate in accordance with this Agreement. The Authority will notify the Grantee of the suspension in writing. The Authority will not pay the Grantee for any services rendered during the suspension period. If the Grantee is suspended, the Grantee will remain suspended until the earlier of (a) the Authority¶s sole determination that the problems leading to the suspension are not material or have been resolved to the satisfaction of the Authority, (b) the termination of this Agreement by the Authority, or (c) the expiration of this Agreement. 17. MSHDA Housing Education Program Grant Agreement pg. 4 Record Keeping. Subject to the State of Michigan Records Retention and Disposal Schedule for the Authority¶s Homeownership Division, as amended, the Grantee shall retain all financial records, personnel records, supporting documents, statistical records, and all other pertinent records for a period of three years, or for a longer period of time if required by state or federal law, or if there is a legal dispute or an open audit, records need to be retained at least until that dispute or audit is resolved. The retention period shall commence from the date that the Grantee is notified in writing that the Authority has completed its final review of the activities described and stated in Exhibit A, which is attached and incorporated herein by reference. These records will be made available for audit proposes to the Authority and the Auditor General of the State of Michigan, or any authorized representative. 18. Submission of Reports. The Grantee shall prepare and submit reports and documents relating to and supportive of the activities described in Exhibit A as may be required by the Authority. All reports, correspondence, and documents required under this Agreement shall be submitted to: 19. Authority: Grantee/Address: Michigan State Housing Development Authority Homeownership Counseling 735 E. Michigan Avenue, PO Box 30044 Lansing, MI 48909 Oakland County 250 Elizabeth Lake Road Pontiac, Michigan 48341 20.Availability of Documents. The Grantee hereby agrees that the activities described in Exhibit A and all documents relating to and supportive of said activities, including but not limited to specifications of funds expended, shall be freely available to the Authority or its authorized representatives for review by the Authority to ensure conformity with the terms of this Agreement, and state and federal requirements, as applicable. 21.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. 22. 23. Amendments. This Agreement may only be amended by a written agreement signed by the Authority and the Grantee. Liability. The Authority, the State of Michigan, their officers, agents, and employees shall not, in any manner, be liable for any loss or damages connected to or resulting from activities implemented under this Agreement; nor to any materials, equipment, or other property that may be used or employed in connection herewith, or for any injury or damages to any person whether an employee of the Grantee or otherwise. Indemnification. 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 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 24. MSHDA Housing Education Program Grant Agreement pg. 5 arising out of the performance of this Agreement and from any and all claims and losses occurring or resulting to any person, firm, or Grantee who may be injured or damaged by the Grantee's contractor's, subcontractor's, or sub-grantees, or sub-recipients negligence in the performance of this Agreement; and against any liability, including costs and expenses, for violation of proprietary rights, copyrights, or rights of privacy. 25.Notices. Any notices sent under the terms of this Agreement will be sent to the parties at their addresses listed above. Any notice to the Authority shall also be sent to Director of Legal Affairs, 735 E. Michigan, P.O. Box 30044, Lansing, MI 48909. Notice shall be deemed to have been given (a) on the third business day after sending by first class U.S. Mail, postage prepaid; (b) on the next business day after sending by national overnight courier service; and (c) on the same day if hand delivered to the party's address. Miscellaneous. This Agreement shall be governed by Michigan law and shall be binding upon the Grantee¶s successors, assigns, and legal representatives. This Agreement and the rights and obligations of the parties under this Agreement may not be assigned or delegated by either party without the prior written consent of the other party, and any purported assignment without such consent shall be void. This Agreement and all exhibits hereto constitute the entire agreement between the parties. 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 Grantee shall insert the provisions of this section into any subcontract entered into to accomplish the terms of this Agreement. The Grantee agrees that the Authority may, at its own discretion and with the written concurrence of the Grantee, increase or decrease the amount of funds available to the Grantee under this Agreement by amending the program description, program budget, and special conditions contained in Exhibit A. The Grantee further agrees that any such increases or decreases shall be governed by the terms of this Agreement and such other statutory, regulatory, or contractual requirements now or hereafter in effect for the receipt and expenditure of the funds as administered by the Authority. 26. Counterparts. This Agreement may be executed in one or more counterparts (including by means of electronic transmission in portable document format (pdf) or comparable electronic transmission), each of which shall be deemed an original and all of which together shall constitute one and the same agreement, binding on all of the parties hereto, notwithstanding that all the parties are not signatories to the original or the same counterpart. 27. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK MSHDA Housing Education Program Grant Agreement pg. 6 IN WITNESS WHEREOF the Authority and the Grantee 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 MSHDA Housing Education Program Grant Agreement pg. 7 Printed Name: Title: Date: By: Oakland County MSHDA Housing Education Program Grant Agreement pg. 8 EXHIBIT A Program Requirements Grant Term: I.Overview A.The purpose of the Housing Education Program Grant Agreement (the ³Agreement´ between the Michigan State Housing Development Authority¶s ³MSHDA´or ³Authority´ and Oakland County ³Grantee´ is to set forth the terms and conditions under which the Authority will provide federal assistance to Grantee to carry out an Authority-approved Housing Counseling Program. The Authority agrees to disburse to the Grantee up to $20,000.00 (Twenty Thousand Dollars) to provide housing education. The Grantee agrees to provide the services described in this Exhibit A attached and incorporated into the Agreement and further agrees to comply the Authority¶s Housing Education Program ³HEP´ Handbook. II.Objectives, Tasks and Deadlines A.Objectives. To successfully perform the services described in Section I above, the Grantee shall, in a satisfactory and proper manner as determined by the Authority, provide housing education services in accordance with the Agreement and this Exhibit A. 1.At the execution of the Agreement and throughout the term of the Agreement, the Grantee 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 2.The Grantee will provide services in accordance with Authority Guidelines. 3.The Grantee shall maintain its status with Authority to provide the Housing Counseling Services identified in its Agreement, thereby assuring that all critical components of effective counseling are present for each participant based on Authority guidelines. 4.The Grantee shall become, and maintain status as, a HUD-approved Local Housing Counseling Agencies (LHCA), and counselors must be HUD- certified. Ensure all Housing Counselors are deemed under HUD¶s Final Rule. MSHDA Housing Education Program Grant Agreement pg. 9 5.The Grantee shall ensure that only HUD-certified Counseling staff administer workshops and/or individual counseling in accordance with HUD requirements and Authority Guidelines. 6.Grantee shall, in consultation with the Authority, develop an evaluation plan for their Housing Counseling Program. In addition, Grantee will cooperate with the Authority in any review and analysis of the program. Grantee agrees to incorporate recommendations and industry best practices recommended by these evaluation processes. Grantee agrees to participate in any training required by the Authority as a result of any review. Grantee 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. The term of this Agreement shall commence on 7/1/2023 and will continue until funds have been exhausted or the Agreement ends on 6/30/2024 , whichever occurs first. Terms and conditions of this Agreement will apply to the MSHDA/HUD Grant Agreement: Housing Counseling Program Grant Award. B.Products or Milestones to be met. Agency may provide one or more of the following services: ONE-ON-ONE COUNSELING ‡Homeless Assistance ‡Rental Topics ‡Pre-purchase/Homebuying ‡Resolving or Preventing Forward Mortgage Delinquency or Default ‡Resolving or Preventing Reverse Mortgage Delinquency or Default ‡Disaster Preparedness Assistance ‡Disaster Recovery Assistance ‡Non-Delinquency Post-Purchase ‡Reverse Mortgage GROUP EDUCATION ‡Financial literacy workshop, including home affordability and budgeting ‡Predatory lending, loan scam or other fraud prevention workshop ‡Fair housing workshop ‡Homelessness prevention workshop ‡Rental workshop ‡Pre-purchase homebuyer education workshop ‡Non-delinquency post-purchase workshop, including home maintenance and/or financial management for homeowners ‡Resolving or preventing mortgage delinquency workshop ‡Disaster Preparedness Assistace Workshop ‡Disaster Preparedness Recovery Assistance Workshop C.C. Deadlines for Completing Objectives. MSHDA Housing Education Program Grant Agreement pg. 10 Standards for PerformanceIII. The term of the Agreement shall commence on 7/1/2023 and will continue until funds have been depleted or the Agreement ends on 6/30/2024 , whichever occurs first. A.If Grantee provides services for which a fee is charged to the client, Grantee must submit a copy of its fee structure for the Authority¶s approval with this Agreement. The Grantee shall perform the tasks/activities and complete the objectives in accordance with the following standards: B.Grantee must utilize a HUD-approved Client Management System, and the agency actively protects the confidentiality of each client¶s personal and financial information, including credit reports, regardless of whether the information is received from the client or from another source or is collected electronically or on paper. Grantee shall not disclose such information to anyone other than the Authority or other parties to whom the client consents to on the release of the information. C.Grantee is required to submit Time Tracking Reports and supporting documentation of expenses into the Authority¶s IGX billing system, utilizing Time Activity Reports ³TAR´s) or any other HUD compliant time tracking form, and provide documentation such as invoices based on the Authority requirements. D.All Housing Counseling Agencies ³HCA´s) participating in HUD's Housing Counseling Program are required to use a Client Management System ³CMS´  that interfaces with HUD's Housing Counseling System ³HCS´ A CMS is a commercial or self-developed online housing counseling application that automates much of the housing counseling process, including client intake, file maintenance, financial and credit analysis, outreach, client notification, and reporting. Automated data transfer from each agency¶s CMS to HUD¶s HCS, replacing the manual input process. 1.Administrative Costs which must be supported by documentation such as invoices, fully loaded hourly rate calculation forms. Documentation of the agency¶s election to direct a portion of their award to Indirect Costs through either a 10% De Minimis or governmentally approved Negotiated Indirect Cost Rate agreement ³NICRA´ must be submitted. Grantee must be maintained by Grantee for audit purposes. E.The Grantee must submit or upload documentation of the following items and incorporate any reporting changes HUD and/or the Authority may deem necessary throughout the Agreement period: 2.Invoices for actual use of funds. 3.Indirect Expenses (optional 10% of modified total direct cost rate) or an approved Negotiated Indirect Cost Rate Agreement ³NICRA´  MSHDA Housing Education Program Grant Agreement pg. 11 F.By submitting invoices in the IGX billing system, Grantee certifies to the best of Grantee¶s knowledge and belief that the report is true, complete and accurate and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the State or Federal award, including this Agreement. Grantee is aware that any false, fictitious, or fraudulent information or the omission of any material fact, may subject Grantee to criminal civil or administrative penalties for fraud, false statements, false claims, or otherwise. G.Grantee will meet with Authority staff to discuss program progress. H.Grantee must meet the following billing thresholds: a. 25% - 3 months b. 50% - 6 months c. 75% - 9 months d. 100% - 12 months I.Grantee will make counseling services available to persons with disabilities and persons with limited English proficiency. J.Grantee will comply with the Fair Housing Act, the privacy requirements of the Gramm-Leach-Biley Act 15 USC, Subchapter I, Sec. 6801-6809 and the Real Estate Settlement Procedures Act. K.Grantee will comply with the local, state, and federal laws pertaining to discrimination, including, but not limited to, the Fair Housing Act (42 U.S.C. 3601-19) and implementing regulations; Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d-2000d-4) and implementing regulations; Title VIII of the Civil Rights Act of 1968 (as amended by the Fair Housing Amendments Act of 1988) and implementing regulations; the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing regulations; Title II of the Americans with Disabilities Act (42 U.S.C. 12101, et seq); the Elliott-Larsen Civil Rights Act; and the Michigan Persons With Disabilities Civil Rights Act. L.Grantee will utilize a secure Client Management System as a data repository for client information. MSHDA Housing Education Program Grant Agreement pg. 12 MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY 2023-2024 HOUSING EDUCATION PROGRAM GRANT AGREEMENT WITH Oakland County This 2023-2024 HOUSING EDUCATION PROGRAM GRANT AGREEMENT (this ³Agreement´ is made and entered into as of the 7/1/2023 , by and between the MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY, a public body corporate and politic, located at 735 E. Michigan Avenue, Lansing, Michigan 48912 (the "Authority" or ³MSHDA´ and Oakland County located at 250 Elizabeth Lake Road Pontiac, Michigan 48341 ³Grantee´ (collectively, the ³Parties´ to set forth the terms and conditions under which the Authority will provide grant assistance to Grantee to carry out the Authority¶s Housing Education Program ³HEP´or the ³Program´ subject to the availability of funds, terms, conditions, and limitations as set forth herein (the ³Grant´  RECITALS The Authority¶s Homeownership Division created the Housing Education Program ³HEP´  the purpose of which, is to facilitate education for persons seeking to rent, purchase or retain a home. The HEP partners with housing counseling agencies ³Agency´or ³Agencies´ to provide to individuals residing in Michigan ³Clients´ access to housing education and counseling to help them make informed choices about homeownership. Additionally, Agencies may provide assistance to current homeowners or renters who are in need of foreclosure counseling, rental counseling and other related housing counseling. To be eligible as a HEP-partner, an Agency must complete HEP enrollment requirements, including but not limited to, completion of a Annual Profile Review, which must be acceptable to the Director of Homeownership (the ³Annual Profile Review´  A. HEP-2023-Oakland Coun-0038 7/1/2023 $20,000.00 GRANT NO. EFFECTIVE DATE: MAXIMUM GRANT AMOUNT: The Grantee has represented to the Authority that it fully intends to undertake or continue a program planning for or implementing housing education for persons seeking to purchase or retain a home. B. The Authority must assure that funds are being used for purposes and in a manner that are in accordance with the Act 346 of the Michigan Public Acts of 1966, as amended and the Authority's General Rules, which are incorporated herein by reference C. NOW, THEREFORE, in consideration of and as a condition to receiving the Grant, the Grantee agrees that: 1.Subject to Act and Rules. The Authority has been created and authorized under Act 346 of the Michigan Public Acts of 1966, as amended (the "Act"). All actions of the Grantee are MSHDA Housing Education Program Grant Agreement pg. 1 subject to the terms of this Agreement, the provisions of the Act and the Rules of the Authority, being R 125.101, et seq (the ³Authority Rules´ The terms and conditions set forth herein are a reasonable and appropriate means to assure the use of Grant funds in accordance with the Act and the Authority Rules. All aspects of the Grantee's plan for the use of the Grant are specifically described in and attached hereto as Exhibit A, which is incorporated herein, and the Grantee will operate as described in Exhibit A, which may be amended by the Authority from time to time. Review by the Authority. The Grantee¶s activities shall be subject to the review and, in the Authority¶s discretion, audit by Authority staff to ensure compliance with this Agreement, the Act, the Authority Rules, and the Grantee shall provide any books, records or documents in such form and at such place as the Authority may request. 2. Program Requirements. The Grantee shall, in a satisfactory and proper manner as determined by the Authority, render the services described in the HEP Housing Counseling Program Agreement entered into between the Authority and HUD, the HEP Housing Counseling Handbook, as amended from time to time, and the Program Requirements incorporated herein and attached as Exhibit A. 3. Term. The effective date of this Agreement is 7/1/2023 ³Effective Date´ Unless otherwise modified, suspended, or terminated by the Authority, as defined herein, this Agreement shall remain in effect until such time as the Grantee has: 1) expended or returned to the Authority the funds authorized hereunder or 2) 6/30/2024 whichever occurs first ³Date of Completion´  4. 5.Grant Funds Disbursement. The total amount of grant assistance to be paid by the Authority to the Grantee under this Agreement shall not exceed $20,000.00 (Twenty Thousand Dollars) for costs to facilitate Housing Education Services for clients seeking to purchase or retain a home. The Grantee agrees that disbursement(s) under this Agreement shall be made in accordance with Authority established schedules and procedures (the ³Disbursement´ The Grantee further agrees that in the event no funds are advanced or disbursed (hereafter ³advanced´and ³disbursed´are individually and collectively referred to as ³Disbursed´  within ninety (90) days of the effective starting date as defined herein, the funds authorized pursuant to this Agreement shall be subject to recapture by the Authority. Further, in no event will any Disbursement be made after a written notice by the Authority to the Grantee of a violation of this Agreement, and the violation has not been corrected to the satisfaction of the Authority. If a Disbursement is made pursuant to this Agreement for a specific purpose and is not used by the Grantee for that purpose due to conditions that make it impossible to use as provided herein, or if the Grantee decides not to use the money, upon such disbursal or upon such decision, the Disbursement shall be returned to the Authority immediately. 5. Responsibility for Costs. The Grantee assumes responsibility for any and all costs to implement the Program exceeding the amount of the Grant. If the costs of implementation exceed the amount of the Grant, the Grantee will arrange for all additional funding necessary to complete the Program. If the Grantee is unable to obtain the necessary additional funding, or firm commitments for such funding, the Grantee will not proceed with the Program and will return all Grant proceeds to the Authority. 6. Permits, Licenses, and Annual Profile Review. The Grantee and all contractors, subcontractors, subgrantees, and subrecipients 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. Additionally, the Grantee shall complete HEP enrollment requirements, including, but not limited to, completion and approval of a Annual Profile 7. MSHDA Housing Education Program Grant Agreement pg. 2 Review. 8.Insurance. The Grantee and all contractors, subcontractors, subgrantees, and subrecipients shall maintain and furnish proof of the following insurances during the term of this Agreement insuring the interests of all parties to this Agreement against any and all claims which may arise of the of the Grantee¶s, contractor¶s, subcontractor¶s, subgrantee¶s, or subrecipient¶s operations under this Agreement: public liability insurance, property damage insurance, worker¶s compensation insurance, employee dishonesty insurance, and professional liability insurance sufficient in an amount to provide coverage for any errors or omissions arising out of the performance of this Agreement. In the Authority¶s discretion, the Grantee may be required to furnish proof of insurance, which includes, but is not limited to, copies of certificates of insurance and copies of full policies, including all riders and endorsements. If, during the term of this Agreement, changed conditions should, in the judgment of the Authority, render inadequate the Grantee¶s current insurance limits, the Grantee shall furnish to the Authority proof of additional insurance as may be required. All insurance required under this Agreement shall be acquired at the Grantee¶s expense, under valid and enforceable policies, issued by insurers of recognized responsibility. The Authority reserves the right to reject as unacceptable any policy and/or insurer. Disclosures. If any member of the Grantee¶s Board of Directors or staff or the Grantee¶s agent, consultant, officer, or elected or appointed official has a conflict of interest or an identity of interest in the form of a financial interest or in the form of a common immediate family relationship with (a) any of the staff persons hired, (b) any of the persons or 13. Non-Discrimination. Subject to applicable laws, the Grantee agrees that all activities assisted pursuant to the terms and conditions of this Agreement shall be open to all regardless of age, height, weight, marital status, sex (including sexual orientation and gender identity or expression), race, color, religion, or national origin, partisan considerations, or a disability or genetic information, and that all contractors, subcontractors, sub-grantees, and sub-recipients involved shall take affirmative action to assure an equal opportunity for employment, without discrimination as to age, height, weight, marital status, sex (including sexual orientation and gender identity or expression), race, color, religion, or national origin, partisan considerations, or a disability or genetic information that is unrelated to the person¶s ability to perform the duties of a particular job or position. 12. Protection of Persons and Property. The Grantee and all contractors, subcontractors, subgrantees, and subrecipients shall secure all necessary certificates and permits from municipal or other public authorities as may be required in connection with the performance of this Agreement. 11. Procurement Transactions. The Grantee shall ensure that all procurement transactions shall be conducted in a manner that provides for open and free competitions in a manner consistent with local, state and federal law. The Grantee hereby agrees that payment for services, supplies or materials shall not exceed the amount ordinarily paid for such services, supplies or materials in the area where the services are rendered or the supplies or materials are furnished. 2007 PA 95, MCL 38.68c. The Grantee 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) ³Pensioned 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 right to receive a retirement allowance for the duration of their state reemployment and the retirement system shall stop payment of the retirement allowance during their state reemployment. Effective October 2, 2010, ³employed by the state´includes engagements of pensioned retirees as independent contractors 10. 9. MSHDA Housing Education Program Grant Agreement pg. 3 15.Recapture and Reallocation. The Grant funds under this Agreement shall also be subject to recapture and reallocation by the Authority if, at any time, the funds are not used in accordance with terms and conditions of this Agreement. The Grantee hereby agrees that an election by the Authority to pursue any one remedy shall not be construed to preclude or be a waiver of the right to pursue any other remedy available to it. The Authority reserves the right to pursue all remedies available to it to cure any violation of this Agreement. Violation of Agreement. In the event of a violation of any of the provisions of this Agreement, the Authority will notify the Grantee in writing of the violation and the Grantee will have a 30-day period in which to correct the violation. In the event the violation is not corrected to the satisfaction of the Authority within the time prescribed herein, the Authority may: 14. households to be assisted directly or indirectly with the funds, or (c) the persons and/or businesses retained to perform technical services hereunder or with persons or businesses providing supplies or services for which funds are being disbursed under this Agreement, the Grantee shall make written disclosure to the Authority of the nature and extent of the relationship to the Authority prior to contacting with such persons and/or businesses or hiring them. The Grantee further agrees not to enter into any contractual relationship with any of the persons or entities listed above unless it has received written approval from the Authority and/or HUD as applicable. The Grantee and its Board of Directors, staff, agent, consultant, officer, or elected or appointed official shall also comply with all applicable HUD requirements and regulations regarding conflict of interest, including but not limited to, 24 CFR 85.36 or 24 CFR 84.42. a. b. immediately terminate the Grant, without further notice, in a writing signed by the Authority's Executive Director; and pursue any and all available remedies provided at law or in the Act. Termination. 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 Grantee has failed to comply with the conditions of this Agreement or in the event that funds are no longer available to the Authority. The Authority shall promptly notify the Grantee in writing of the determination and the reasons for the termination, together with the effective date of termination. Payments made to recipients or recapture of funds by the Authority shall be in accordance with the legal rights and liabilities of the parties. 16. Suspension from the Program. If the Authority discovers (a) evidence of improper billing by the Grantee, (b) evidence of Grantee¶s failure to provide the services required under this Agreement, (c) evidence of Grantee¶s failure to comply with this Agreement, or (d) funds are no longer available to the Authority, the Authority may, at its discretion, suspend the Grantee from the Program and prevent further electronic funds transfer or prohibit the Grantee from incurring additional obligations of grant funds, pending corrective action by the Grantee, resumption of funding from the Authority, or a decision to terminate in accordance with this Agreement. The Authority will notify the Grantee of the suspension in writing. The Authority will not pay the Grantee for any services rendered during the suspension period. If the Grantee is suspended, the Grantee will remain suspended until the earlier of (a) the Authority¶s sole determination that the problems leading to the suspension are not material or have been resolved to the satisfaction of the Authority, (b) the termination of this Agreement by the Authority, or (c) the expiration of this Agreement. 17. MSHDA Housing Education Program Grant Agreement pg. 4 Record Keeping. Subject to the State of Michigan Records Retention and Disposal Schedule for the Authority¶s Homeownership Division, as amended, the Grantee shall retain all financial records, personnel records, supporting documents, statistical records, and all other pertinent records for a period of three years, or for a longer period of time if required by state or federal law, or if there is a legal dispute or an open audit, records need to be retained at least until that dispute or audit is resolved. The retention period shall commence from the date that the Grantee is notified in writing that the Authority has completed its final review of the activities described and stated in Exhibit A, which is attached and incorporated herein by reference. These records will be made available for audit proposes to the Authority and the Auditor General of the State of Michigan, or any authorized representative. 18. Submission of Reports. The Grantee shall prepare and submit reports and documents relating to and supportive of the activities described in Exhibit A as may be required by the Authority. All reports, correspondence, and documents required under this Agreement shall be submitted to: 19. Authority: Grantee/Address: Michigan State Housing Development Authority Homeownership Counseling 735 E. Michigan Avenue, PO Box 30044 Lansing, MI 48909 Oakland County 250 Elizabeth Lake Road Pontiac, Michigan 48341 20.Availability of Documents. The Grantee hereby agrees that the activities described in Exhibit A and all documents relating to and supportive of said activities, including but not limited to specifications of funds expended, shall be freely available to the Authority or its authorized representatives for review by the Authority to ensure conformity with the terms of this Agreement, and state and federal requirements, as applicable. 21.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. Amendments. This Agreement may only be amended by a written agreement signed by the Authority and the Grantee. 22. Liability. The Authority, the State of Michigan, their officers, agents, and employees shall not, in any manner, be liable for any loss or damages connected to or resulting from activities implemented under this Agreement; nor to any materials, equipment, or other property that may be used or employed in connection herewith, or for any injury or damages to any person whether an employee of the Grantee or otherwise. 23. Indemnification. The Grantee agrees to indemnify, defend, and hold harmless the Authority, the State, their officers, agents, and employees from any and all claims and losses occurring or resulting, to any and all Grantees, contractors, subcontractors, sub-grantees, sub-recipients, materials providers, laborers, and any other person, firm, or Grantee furnishing or supplying work, services, materials, or supplies in connection with negligent performance under this 24. MSHDA Housing Education Program Grant Agreement pg. 5 Agreement, and from any and all claims and losses occurring or resulting to any person, firm, or Grantee who may be injured or damaged by the Grantee's contractor's, subcontractor's, or sub-grantees, or sub-recipients negligence in the performance of this Agreement; and against any liability, including costs and expenses, for violation of proprietary rights, copyrights, or rights of privacy. 25.Notices. Any notices sent under the terms of this Agreement will be sent to the parties at their addresses listed above. Any notice to the Authority shall also be sent to Director of Legal Affairs, 735 E. Michigan, P.O. Box 30044, Lansing, MI 48909. Notice shall be deemed to have been given (a) on the third business day after sending by first class U.S. Mail, postage prepaid; (b) on the next business day after sending by national overnight courier service; and (c) on the same day if hand delivered to the party's address. Miscellaneous. This Agreement shall be governed by Michigan law and shall be binding upon the Grantee¶s successors, assigns, and legal representatives. This Agreement and the rights and obligations of the parties under this Agreement may not be assigned or delegated by either party without the prior written consent of the other party, and any purported assignment without such consent shall be void. This Agreement and all exhibits hereto constitute the entire agreement between the parties. 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 Grantee shall insert the provisions of this section into any subcontract entered into to accomplish the terms of this Agreement. The Grantee agrees that the Authority may, at its own discretion and with the written concurrence of the Grantee, increase or decrease the amount of funds available to the Grantee under this Agreement by amending the program description, program budget, and special conditions contained in Exhibit A. The Grantee further agrees that any such increases or decreases shall be governed by the terms of this Agreement and such other statutory, regulatory, or contractual requirements now or hereafter in effect for the receipt and expenditure of the funds as administered by the Authority. 26. Counterparts. This Agreement may be executed in one or more counterparts (including by means of electronic transmission in portable document format (pdf) or comparable electronic transmission), each of which shall be deemed an original and all of which together shall constitute one and the same agreement, binding on all of the parties hereto, notwithstanding that all the parties are not signatories to the original or the same counterpart. 27. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK MSHDA Housing Education Program Grant Agreement pg. 6 IN WITNESS WHEREOF the Authority and the Grantee 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 MSHDA Housing Education Program Grant Agreement pg. 7 Printed Name: Title: Date: By: Oakland County MSHDA Housing Education Program Grant Agreement pg. 8 EXHIBIT A Program Requirements Grant Term: I.Overview A.The purpose of the Housing Education Program Grant Agreement (the ³Agreement´ between the Michigan State Housing Development Authority¶s ³MSHDA´or ³Authority´ and Oakland County ³Grantee´ is to set forth the terms and conditions under which the Authority will provide federal assistance to Grantee to carry out an Authority-approved Housing Counseling Program. The Authority agrees to disburse to the Grantee up to $20,000.00 (Twenty Thousand Dollars) to provide housing education. The Grantee agrees to provide the services described in this Exhibit A attached and incorporated into the Agreement and further agrees to comply the Authority¶s Housing Education Program ³HEP´ Handbook. II.Objectives, Tasks and Deadlines A.Objectives. To successfully perform the services described in Section I above, the Grantee shall, in a satisfactory and proper manner as determined by the Authority, provide housing education services in accordance with the Agreement and this Exhibit A. 1.At the execution of the Agreement and throughout the term of the Agreement, the Grantee 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 2.The Grantee will provide services in accordance with Authority Guidelines. 3.The Grantee shall maintain its status with Authority to provide the Housing Counseling Services identified in its Agreement, thereby assuring that all critical components of effective counseling are present for each participant based on Authority guidelines. 4.The Grantee shall become, and maintain status as, a HUD-approved Local Housing Counseling Agencies (LHCA), and counselors must be HUD- certified. Ensure all Housing Counselors are deemed under HUD¶s Final Rule. MSHDA Housing Education Program Grant Agreement pg. 9 5.The Grantee shall ensure that only HUD-certified Counseling staff administer workshops and/or individual counseling in accordance with HUD requirements and Authority Guidelines. 6.Grantee shall, in consultation with the Authority, develop an evaluation plan for their Housing Counseling Program. In addition, Grantee will cooperate with the Authority in any review and analysis of the program. Grantee agrees to incorporate recommendations and industry best practices recommended by these evaluation processes. Grantee agrees to participate in any training required by the Authority as a result of any review. Grantee 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. The term of this Agreement shall commence on 7/1/2023 and will continue until funds have been exhausted or the Agreement ends on 6/30/2024 , whichever occurs first. Terms and conditions of this Agreement will apply to the MSHDA/HUD Grant Agreement: Housing Counseling Program Grant Award. B.Products or Milestones to be met. Agency may provide one or more of the following services: ONE-ON-ONE COUNSELING ‡Homeless Assistance ‡Rental Topics ‡Pre-purchase/Homebuying ‡Resolving or Preventing Forward Mortgage Delinquency or Default ‡Resolving or Preventing Reverse Mortgage Delinquency or Default ‡Disaster Preparedness Assistance ‡Disaster Recovery Assistance ‡Non-Delinquency Post-Purchase ‡Reverse Mortgage GROUP EDUCATION ‡Financial literacy workshop, including home affordability and budgeting ‡Predatory lending, loan scam or other fraud prevention workshop ‡Fair housing workshop ‡Homelessness prevention workshop ‡Rental workshop ‡Pre-purchase homebuyer education workshop ‡Non-delinquency post-purchase workshop, including home maintenance and/or financial management for homeowners ‡Resolving or preventing mortgage delinquency workshop ‡Disaster Preparedness Assistace Workshop ‡Disaster Preparedness Recovery Assistance Workshop C.C. Deadlines for Completing Objectives. MSHDA Housing Education Program Grant Agreement pg. 10 Standards for PerformanceIII. The term of the Agreement shall commence on 7/1/2023 and will continue until funds have been depleted or the Agreement ends on 6/30/2024 , whichever occurs first. A.If Grantee provides services for which a fee is charged to the client, Grantee must submit a copy of its fee structure for the Authority¶s approval with this Agreement. The Grantee shall perform the tasks/activities and complete the objectives in accordance with the following standards: B.Grantee must utilize a HUD-approved Client Management System, and the agency actively protects the confidentiality of each client¶s personal and financial information, including credit reports, regardless of whether the information is received from the client or from another source or is collected electronically or on paper. Grantee shall not disclose such information to anyone other than the Authority or other parties to whom the client consents to on the release of the information. C.Grantee is required to submit Time Tracking Reports and supporting documentation of expenses into the Authority¶s IGX billing system, utilizing Time Activity Reports ³TAR´s) or any other HUD compliant time tracking form, and provide documentation such as invoices based on the Authority requirements. D.All Housing Counseling Agencies ³HCA´s) participating in HUD's Housing Counseling Program are required to use a Client Management System ³CMS´  that interfaces with HUD's Housing Counseling System ³HCS´ A CMS is a commercial or self-developed online housing counseling application that automates much of the housing counseling process, including client intake, file maintenance, financial and credit analysis, outreach, client notification, and reporting. Automated data transfer from each agency¶s CMS to HUD¶s HCS, replacing the manual input process. 1.Administrative Costs which must be supported by documentation such as invoices, fully loaded hourly rate calculation forms. Documentation of the agency¶s election to direct a portion of their award to Indirect Costs through either a 10% De Minimis or governmentally approved Negotiated Indirect Cost Rate agreement ³NICRA´ must be submitted. Grantee must be maintained by Grantee for audit purposes. E.The Grantee must submit or upload documentation of the following items and incorporate any reporting changes HUD and/or the Authority may deem necessary throughout the Agreement period: 2.Invoices for actual use of funds. 3.Indirect Expenses (optional 10% of modified total direct cost rate) or an approved Negotiated Indirect Cost Rate Agreement ³NICRA´  MSHDA Housing Education Program Grant Agreement pg. 11 F.By submitting invoices in the IGX billing system, Grantee certifies to the best of Grantee¶s knowledge and belief that the report is true, complete and accurate and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the State or Federal award, including this Agreement. Grantee is aware that any false, fictitious, or fraudulent information or the omission of any material fact, may subject Grantee to criminal civil or administrative penalties for fraud, false statements, false claims, or otherwise. G.Grantee will meet with Authority staff to discuss program progress. H.Grantee must meet the following billing thresholds: a. 25% - 3 months b. 50% - 6 months c. 75% - 9 months d. 100% - 12 months I.Grantee will make counseling services available to persons with disabilities and persons with limited English proficiency. J.Grantee will comply with the Fair Housing Act, the privacy requirements of the Gramm-Leach-Biley Act 15 USC, Subchapter I, Sec. 6801-6809 and the Real Estate Settlement Procedures Act. K.Grantee will comply with the local, state, and federal laws pertaining to discrimination, including, but not limited to, the Fair Housing Act (42 U.S.C. 3601-19) and implementing regulations; Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d-2000d-4) and implementing regulations; Title VIII of the Civil Rights Act of 1968 (as amended by the Fair Housing Amendments Act of 1988) and implementing regulations; the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing regulations; Title II of the Americans with Disabilities Act (42 U.S.C. 12101, et seq); the Elliott-Larsen Civil Rights Act; and the Michigan Persons With Disabilities Civil Rights Act. L.Grantee will utilize a secure Client Management System as a data repository for client information. MSHDA Housing Education Program Grant Agreement pg. 12 MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY HOMEOWNERSHIP DIVISION AUTHORIZED SIGNATURE DESIGNATION FORM As the highest elected official of Oakland County, I designate the following individual(s) as Authorized Signer(s) for Grant #: HEP-2023-Oakland Coun-0038 to sign the associated Grant Agreement, submit FSR payment requests and Grant Amendments, if applicable, for the aforementioned grant. Date: Authorized Signer Printed Name: Title: Date: Authorized Signer Printed Name: Title: Date: Authorized Signer Printed Name: Title: APPROVED BY HIGHEST ELECTED OFFICIAL: