Loading...
HomeMy WebLinkAboutResolutions - 1986.05.22 - 10775DATE May 22, 1986 MISCELLANEOUS RESOLUTION 86144 BY: PUBLIC SERVICES COMMATEE, James E. Lanni, Chairman IN RE: COMMUNITY DEVELOPMENT DIVISION - OAKLAND LIVINGSTON HUMAN SERVICE AGENCY ENERGY CONSERVATION CONTRACT TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS, the Oakland County Community Development Program has as an objective the provision of decent housing, a suitable living environment and expanded opportunities principally for persons of low and moderate income; and WHEREAS, Oakland Livingston Human Service Agency has carried out over the past several years an Energy Conservation Program of weatherizing homes and energy education workshops; and WHEREAS, a successful program has been carried out cooperatively between the two agencies since 1978; and WHEREAS, the cooperative program makes it possible to assist low income, elderly and handicapped persons in meeting energy needs through conservation methods utilized in the existing Energy Conservation Repair and Installation Program and through energy education workshops; and WHEREAS, the Oakland County Community Development Advisory Council recommends approval of this Contract. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorize the Chairperson of the Board of Commissioners to execute the attached agreement with the Oakland Livingston Human Service Agency for the implementation of: I) Energy Conservation Repair and Installation at a sum of $17,250 and; 2) Energy Education at a sum of $17,250 and not to exceed a total budget of $34,500. Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE HE • Y APPROVE THE FOREGOINS RESOWTION aniel I. WitliPhY, County 1v6 Oakland livingsten Hu n Servke A , rtcy 196 Oakland Ave., P.O. Box 598, Pontiac, Michigan 48056-0598 (313) 858-5126 EDWARD P. REVIS Executive Director CAROLYN C. MacADAM Chair April 17, 1986 Mr. Kenneth Patterson Office of Community Development 1200 N. Telegraph Road Pontiac, MI 48053 Re: Proposal for 1986-87 CDBG Funds Dear Mr. Patterson: Enclosed you will find the Oakland Livingston Human Service Agency's (OLHSA) concept proposal for 1986-87 Community Development Block Grant (CDBG) funds. OLHSA is aware that Oakland County's CDBG funds may be reduced by 31%, thus, our proposed budget reflects the reduction from $50,000 received last year to this years $34,500 proposed budget. The proposed energy project continues the home energy conservation workshops and conservation repair/materials installation services conducted by OLHSA during the 1935-86 program year. Since 1983, over 1,200 low income residents of Oakland County have benefitted from these services provided by OLHSA utili- zing Oakland County CDBG funds. OLHSA has had continued success with our CDBG energy activities over the past three years and the enclosed proposal will continue the viable project that effectively complements our existing Home Weatherization Program and Targeted Fuel Assistance Program while promoting the .County's Home Rehabilitation Loan Program. If you have any questions, please feel free to contact John Tschirhart, Energy Specialist, at 858-5183. Sincerely, Edward P. Revis, Executive Director EPR/ybd xc: Marvin L. Brown, Division Manager, Comunity Development Division Jean Benzing, Project Operations Department Head Enclosure "A COMMUNITY ACTION AGENCY" Governing Board Nadine Bailey, Gary T. Canfield, Booker T. Dennis, James Diefentbaler, John L. Dwyer, David D. Galley, Martha Bedsole Goodloe, Coley Gracey HI. Waymortd (Pat) Gi Susan G. Kuhn, Carolyn C. MacAdam (Chair), Pattie Mapes, Boger McCarville, Ruel E. McPherson, Robert Ousnamer, William D. PietiOn, James A..Rowe, Harold W Thomas Turner. Dorothy A. Venezia, Estelle Wade Effective Date:6LVI§___ Program Date: 5/1/86-5/31/87 Energy Education al Type of Program: Weatherization John Tschirhart Monitoring Position: Energy Specialist Contract Between The Oakland Livingston Human Service Agency and The County of Oakland SECTION 1 Contract This Contract is made on the First day of June 1986 between the Oakland Livingston Human Service Agency, hereinafter designated as the "Agency", having its principal office at 196 Oakland Avenue, City of Pontiac, State of Michigan 48058, and the County of Oakland, Office of Community Development, hereinafter designated as the "County", having its principal office at 1200 North Telegraph Road, City of Pontiac. State of Michigan 48053. The effective dates of this Contract shall be from June 1, 1986 to May 31, 1987 and any additional period(s) as the "Agency" and the "County" shall agree. SECTION II. Purpose The purposeof this Contract is to provide an energy conservation education and home conservation service program aimed at lower income homeowners and tenants within specific areas of Oakland County. Communities eligible for services under this Contract will be those currently served under the existing Oakland County Community Development Block Grant (CDBG) program (see Attachment A - "Eligible Project Areas"). The program's primary objectives are: 1. Conduct energy education workshops that provide low income individuals with the skills, materials, and impetus to complete low cost energy saving measures. 2. Utilize CDBG funds for energy conservation repairs and materials installation to further increase the energy savings obtained from OLHSA weatherization services. 3. Promote increased awareness of home improvement loans offered by Oakland County for higher cost home rehabilitation and energy conservation measures. In consideration of mutal promises and covenants contained herein, the Agency and County agree as follows: SECTION III. The Agency'sResponsibilities 1, The Agency shall target energy conservation education and home conservation services towards low income households who meet OLHSA's Weatherization Program eligibility guidelines. (See Attachment D - "Poverty Income Guidelines"). These guidelines are set by the Department of Energy (DOE). SECTION III. The Agency Responsibilities (Contd) 2. The Agency shall deliver both educational and hands-on workshops covering energy conservation practices/programs, low cost weatherization materials installation, window cover assembly, wood stove maintenance/use/safety, and other low cost energy saving methods. 3. The Agency shall conduct minor energy conserving home repairs and conservation materials installation on homes of OLHSA Weatherization Program applicants who live in CDBG eligible communities. The total number of homes serviced will be dependent on repairs and materials cost per home. The repairs conducted and materials installed, for the purpose of this Contract, will include but not be limited, to the activities and items on the enclosed checklist: (See Attachment -B - "Program Checklist"). The need and extent of repairs and materials, up to $800, to be provided to each home will be determined by the Inspector and Project Managers from the Agency's Weatherization Program. 4. The Agency will use all the best efforts to provide up to Sixteen Hundred Dollars ($1,600) of its DOE weatherization grant per home for the cost of weatherization materials. Weatherization materials are defined as those materials which are acceptable for weatherization activities under DOE's rules and regulations. 5. The Agency shall submit reimbursement requests, work progress reports, and financial reports to the County on a monthly basis to coincide with the Agency's regular weatherization production schedule. 6. The Agency shall purchase, and account for, all materials necessary for maintenance and energy conservation activities. 7. The Agency will use all of its best efforts to refer program participants to Oakland County home conservation loan opportunities in their respective communities. 8. The Agency shall provide an evaluation report to the County upon completion of the conservation program to assess the effectiveness of the energy education workshops and home conservation services provided. SECTION IV. The County's Responsibilities I. The County shall, in consideration for services rendered by the Agency, pay the Agency a total sum not to exceed Thirty-Four Thousand Five Hundred Dollars ($34,500). 2. The County shall reimburse the Agency upon the receipt of a reimbursement request from the Agency. 3. The County, through the reimbursement of funds to the Agency, will cover all items in cost categories listed in Attachment C. SECTION V. Reporting The Agency shall comply with any additional reporting requirements to be specified by the County -2- SECTION VI. Compliance The Agency shall comply with all applicable laws, ordinances, codes, and regulations of the Federal, State and local governments, SECTION VII. Discrimination Prohibited The parties shall not discriminate against any employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment, or a matter directly or indirectly related to employment, because of race, color, religion, national origin, age, sex, height, weight, or marital status pursuant to 1976 P.A. 453, Section 209. The parties shall also comply with the provisions of the Michigan Handicappers Civil Rights Act, 1976 P.A. 220 and the Federal Rehabilitation Act of 1973, P.L. 93-112, 87 Stat. 394, which states that no employee or client or otherwise qualified handicapped individual shall, solely by reason of his handicap, be excluded from participation, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. The parties shall comply with all other Federal, State or local laws, regulations, and standards, and any amendments thereto as they may apply to the performance of this Contract. No person shall, on the grounds of race, creed, color, sex, age, national origin, height, weight, handicap, or marital status be excluded from participation in, be denied the proceeds of, or be subject to discrimination in the performance of this Contract. The Agency shall comply with all applicable regulations promulgated pursuant to the Civil Rights Act of 1964. SECTION VIII. Political Activity Prohibited None of the funds, materials, property or services contributed by the County to the -Agency under this Contract shall be used in the performance of this Contract for any partisan political activity, or to further the election or defeat of any candidate for public office. SECTION IX. Religious Activity Prohibited There shall be no religious worship, instruction or proselytization as part of, or in connection with the performance of this 'Contract. SECTION X. General Provisions 1. Merqer or Integration This Contract constitutes the entire Contract between the County and the Agency with respect to the subject matter hereof and there are no other or further written or oral understanding or agreements with respect hereto. 2. Assignment or Delegation No assignment or delegation of this Contract may be made, in whole or in part, without the written consent of the County being first obtained. 3. Termination Either party may at any time during the life of this Contract or any extension thereof terminate this Contract by giving thirty (30) days notice in writing to the other party of its intention to do so. All notices to the Agency shall -3-- SECTION X. General Provisions 3. Termination (Contd) be addressed to it at 196 Oakland Avenue, City of Pontiac, State of Michigan, Zip Code 48058, and notices to the County shall be addressed to it oio the Office of Community Development at 1200 North Telegraph Road, City of Pontiac, State of Michigan, Zip Code 48053. 4. Indemnification The Agency agrees that during the term of this Contract, it shall defend, indemnify, and save harmless the County from any and all liability and any and all claims, suits, actions, damages, consisting of every name and description resulting from any act, omission, or negligency of, or chargeable to the Agency or any employee thereof arising under and pursuant to this Contract, and such indemnification shall not be limited by reason of any insurance coverage. 5. Insurance The parties hereto shall maintain at their expense during the term of this Contract on behalf of all of their employees performing any of the activities hereunder the following insurance, where applicable. Workers Compensation insurance for employees which meets Michigan's statutory requirements and Employer's Liability insurance with minimum limits of $100,000 each accident. Shall maintain a comprehensive General Liability Policy in the minimum amount of $500,000 per occurrence combined single limit. This policy shall provide coverage for premises, operations, products and completed operations, contractual, independent contractors, broad form property damage and personal injury. Auto Fleet Liability coverage in the amount of $500,000 per occurrence, combined single limit coverage, including all owned vehicles, both private passenger and other than private passenger, hired autos and non-owned autos. The County of Oakland shall be named as an Additional Named Insured to the Comprehensive General Liability and Auto Fleet Policies. All of the above requirements will be evidenced by a Certificate of Insurance granting no less than thirty (30) days notice of cancellation. 6. Independent Contractor Provision The relationship of the Agency to the County shall be that of an independent contractor. No partnership, association, or joint enterprise shall arise between the parties hereto as a result of any provision of this Contract nor shall any provision herein be construed as making an employee of the Agency an agent or employee of the County. -4- Position: Executive Director Attest: Attest: Date: Date: SECTION X. General Provisions (Contd) 7. Disputes The Agency shall notify the County in writing of its intent to pursue a claim against the County for breach of any terms of this Contract. No suit may be commenced by the Agency for breach of this Contract prior to the expiration of ninety (90) days from the date of such notification. Within this ninety (90) day period, the Agency, at the request of the County must meet with an appointed representative of the County for the purpose of attempting to resolve the dispute. SECTION XI. Attachments The following attachments are incorporated by reference and become a part of this Contract: A. Eligible Project Areas B. Program Checklist C. Project Budget D. Poverty Income Guidelines IN WITNESS THEREOF, the Agency and County have executed this Contract as of this date first written above. OAKLAND LIVINGSTON HUMAN SERVICE AGENCY COUNTY OF OAKLAND, STATE OF MICHIGAN County Agency By: ° Position: Date: April 17„, 1986 Date: OLHSA JT/mee 041686 -5- ATTACHMENT A ELIGIBLE PROJECT AREAS JURISDICTIONS PARTICIPATING IN THE 1986-87 OAKLAND COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Cities Townships Villages Auburn Hills Addison Beverly Hills Berkley Avon Clarkston - Clawson Brandon Holly Farmington Commerce Lake Orion Ferndale Groveland Leonard Hazel Park Highland Milford Huntington Woods Holly Ortonville Keego Harbor Independence Oxford Lathrup Village Lyon Wolverine Lake Madison Heights Milford Northville Oakland Novi Orion Orchard Lake Village Oxford Oak Park Rose Pleasant Ridge Royal Oak Rochester Springfield South Lyon West Bloomfield Sylvan Lake White Lake Troy Walled Lake Wixom 4/29/86 ATTACHMENT B PROGRAM CHECK - Electric water heater insulation blankets - Adjustable clock thermostats - Light socket and switch plate seals - Light socket voltage reducers - Water flow restrictors - - Storm windows - Window covers/curtains - Mobile home repairs (doors, skirting, et - Caulking - Weatherstripping - Pipe wrap - Hot water heater jackets - Fireplace enclosures - Toilet tank water limiter - Furnace filters - Storm doors IST ATTACHMENT C Energy Education Administration $ 7,000 Labor -0- Materials 10,000 Travel 250 Total $17,250 Conservation Repair and Materials Installation $ -0- 7,000 10,000 250 $17,250 Total $ 7,000 7,000 20,000 500 $34,500 ATTACHMENT D 1986 POVERTY INCOME GUIDELINES FOR D.O.E. WEATHERIZATION Size of Family Unit 125% of Poverty Guidelines 1 $ 6,700 2 9,050 11,400 4 13,750 6 16,100 6 18,450 For family units with more than six members, add $2,350 for each additional member. #86144 May 22, 1986 Moved by Lanni supported by Perinoff the resolution be adopted. AYES: McConnell, McDonald, McPherson, Moffitt, Nelson, Olsen, Page, Perinoff, Pernick, Price,Rewold, Rowland, Skarritt, Webb, Wilcox, Aaron, Fortino, Gosling, Hassberger, Hobart, R. Kuhn, S. Kuhn, Lanni, Law. (24) NAYS: None. ( 0) adopted. A sufficient majority haivng voted therefor, the resolution was STATE OF MtCHtGAW_ COUNTY OF OAKLAND), I, Lynn D. Allen, Clerk of the County of Oakland and having a seal, do hereby certify- that I have compared the annexed copy of Miscellaneous Resolution #86144 adopted by the Oakland County Board of , Commissioners at their meeting held on May 22, 1986 with the original record thereof now remaining in my office, and that it is a true and correct transcript therefrom, and of the whole thereof. In Testimony Whereof, 1 have hereunto set my hand and affixed the seal of said County at Pontiac, Michigan this 22nd day of May 1986 Allen, Con Register of Deeds