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HomeMy WebLinkAboutResolutions - 1985.02.14 - 10985MISCELLANEOUS RESOLUT 850 22 February 14, 1985 DATE BY: PUBLIC SERVICES COMMITTEE, 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 a 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 the agreement. 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 implemen- tation of: 1) Energy Conservation Repair and Installation at a sum of $25,000 and: 2) Energy Education at a sum of $25,000 and not to exceed a total budget of $50,000. Mr. Chairperson, on behalf of the Public Services Committee, move the adoption of the foregoing resolution. PUBLIC SERVICES COMITTEE Contract No.:__ Effective Date: Program Date:e POD 85 001 03/01/85 03/01/85-08/23/86 Type of Program 7 Weatherization Roger Way Monitoring Position: Energy Specialist Contract Between Oakland Livingston Human Service Agency and The County of Oakland Section I. Contract This Contract is made on this 1st day of March 1985 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 Agreement shall be from March 1, 1985 to February 28, 1986 and any additional period(s) as the Agency and the "County" shall agree. Section II. Purpose The purpose of 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 (CNC) 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 mutual promises and covenants contained herein, the Agency and County agree as follows: Section III. The Agency's Responsibilities 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's Re-qconsibilitie (Ccntd) 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 low cost solar. 3. The Agency shall conduct minor energy conserving home repairs and conservation . materials installation on homes of OLHSA Weatherization Program applicants who live in COBG 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 purposes 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 $BOO, 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. Fuel consumption data collected from a sample group of workshop participants will be used to determine actual energy savings. Section IV. The County's Responsibilities 1. The County shall, in consideration for services rendered by the Agency, pay the Agency a total sum not to exceed Fifty Thousand Dollars ($50 ,000 ). 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 by the County. 2 requirements to be specified 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 ki3,4 -6 orl 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. Merger 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 ma ,/ be made, tn 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. Telmination (Cont'd.) be addressed to it at 196 Oakland Avenue, City of Pontiac, State of Michigan, Zip Code 48058, and all notices to the County shall be addressed to it cjo 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 Agreement on behalf of all of their employees performing anry of the activities hereunder the following insurance where applicable: Workers Compensation insurance for employees which meets Michigan's .• statutory requirements and Employers Liability insurance with minimum limits of $100,000 each accident. Shall maintain a comprehensive General Liability Policy, in the minimum amount of $1,000,000 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 $1,000,0010 per occurrence, combined single limit coverage, including all awned 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 30 days notice of cancellation. -4 5 6. Independent County Provision The relationship of the Agency to the County shall he 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 this Agency an agent or employee of the County. 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.--4aigible Project Areas B. Program Checklist C. Project Budget D. Proverty Income Guidelines By: 1 2_ Date: Date : ^ 6 IN WITNESS THEREOF, the Agency and County have executed this Contract as of this date first written above. OAKLAND LIVINGSTON HUMAN SERVICE AGENCY Agency COUNTY OF OAKLAND, STATE OF MICHIGAN County . Position: xecutive Director Position: Attest ,'/-i/T 17/(041A--- Attest: / Date Date: f OLHSA RW/mee 012585 ATTACHMENT A ELIGIBLE PROJECT AREAS JURISDICTIONS PARTICIPATING IN THE 1985-86 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 Oak Park Oxford Pleasant Ridge Rose Rochester Royal Oak South Lyon Springfield Sylvan Lake West Bloomfield Troy White Lake Walled Lake Wixom ATTACHMENT B PROGRAM CHECKLIST - 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, etc.) - Caulking - Weatherstripping - Pipe wrap - Hot water heater jackets - Fireplace enclosures - Toilet tank water limiter - Furnace filters - Storm doors 15,000 300 ATTACHMENT C Enery Education Conservation Repair and Materials Installation Total Administration Labor Materials Travel $ 9,700 9,700 15,000 300 $ 25,000 $ 25,000 $ 9,700 9,700 30,000 600 $ 50,000 ATTACHMENT D POVERTY INCOME GUIDELINES FOR D.O.E. WEATHERIZATION Size of Family Unit 125% of Poverty Guidelines 1 $ 6,225 2 8,400 3 10,575 4 12,750 5 14,925 6 17,100 For family units with more than six members, add $2,175 for each additional member,, #85022 February 14, 1985 uar 19 85 4,01 14th day of ALLEN County Clerk/Register of Deeds Moved by Lanni Supported by McPherson the resolution be adopted. AYES: Wilcox, Caddell, Doyon, Fortino, Gosling, Hassberger, R. Kuhn, Lanni, Law, McConnell, McPherson, Moffitt, Moore, Nelson, Price, Rewold, Skarritt, Webb. (18) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. STATE OF M1CH1GAN) 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 85022 adopted by the Oakland County Board of Commissioners at their meeting held on February 14, 1985 with the orginial record thereof now remaining in my office, and that it is a true and correct transcript therefrom, and of the whole thereof. En Testimony Whereof, I have hereunto set my hand and affixed the seal of said County at Pontiac, Michigan this