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HomeMy WebLinkAboutResolutions - 1990.05.24 - 16786-SY AI:TROVE THE FOREGOING RESOLUTION MISCELLANEOUS RESOLUTION NO. 90112 DATE May 24, 1990 BY: PUBLIC SERVICES COMMITTEE, RICHARD D. KUHN, JR., CHAIRPERSON IN RE: COMMUNITY DEVELOPMENT DIVISION - OAKLAND LIVINGSTON HUMAN SERVICE AGENCY WEATHERIZATION AND 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, this Contract has been reviewed and approved as to form by the Office of Corporation Counsel; and WHEREAS, the Oakland County Community Development Citizens Advisory Council recommends approval by a 12-0 roll call vote 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: 1) Energy Conservation Repair and Installation at a sum of $24,250 and; 2) Energy Education at a sum of $15,750 and not to exceed a total budget of $40,000. Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE OLHSA kjf Contract No. CDD POD 90-002 Effective Date: June 1., 1590 Program Date: 6/1/90 to 5/31/91 Energy Education Type of Program: Weatherization Payson Tilden Monitoring Position: Energy CONTRACT BETWEEN OAKLAND LIVINGSTON HUMAN SERVICE AGENCY and COUNTY OF OAKLAND SECTION I. Contract This Contract is made on the First day of June, 1990 between the Oakland Livingston Human Service Agency (OLHSA), hereinafter designated as the "Agency", having its principal office at 196 Oakland Avenue, City of Pontiac, State of Michigan, 48056, 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, 1990 to May 31, 1991, and any additional period(s) the "Agency" and the "County" shall agree. SECTION II. Purpos e The purpose of this Contract is to provide an energy conservation education and home expanded weatherization 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: A. Conduct energy education workshops that provide low income individuals with the skills, materials, and impetus to complete low cost energy saving measures. B. Utilize CDBG funds for energy conservation repairs and materials installation to further increase the energy savings obtained from OLHSA weatherization services. C. 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 agrees as follows: SECTION III. ibajlatiasaa2,2"kajdititl - A. The Agency shall target energy conservation education and home expanded weatherization services towards low income households which meet OLHSA's Weatherization Program eligibility guidelines. (See Attachment D - Poverty Income Guidelines). These guidelines are set by the Department of Energy (DOE). B. The agency shall deliver both educational and hands-on workshops covering energy conservation practices/programs, low cost weatherization materials installation, and other low-cost/no cost energy savings methods. C. The Agency shall subcontract 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 home 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 $700, to be provided to each home will be determined by the Inspector and Project Managers from the Agency's Weatherization Program. D. The Agency will use all the best efforts to provide up to an additional Sixteen Hundred Dollars ($1,600) of its DOE weatherization grant per home for purchase and installation of weatherization materials. Weatherization materials are defined as those materials which are acceptable for weatherization activities under DOE's rules and regulations. 2 E. 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. F. The Agency shall purchase and account for all materials necessary for maintenance and energy conservation activities. G. The Agency will use all of its best efforts to refer program participants to Oakland County home conservation loan opportunities in their respective communities. H. 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 A. The County shall, in consideration for services rendered by the Agency, pay the Agency a total sum not to exceed Forty Thousand Dollars ($40,000). B. The County shall reimburse the Agency upon the receipt of a reimbursement request from the Agency. C. 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 requirement to be specified by the County. SECTION VI. Combliance The Agency shall comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local governments. 3 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 Activiy Prohibited There shall be no religious worship, instruction, or proselytization as part of, or in connection with the performance of this Contract. 4 SECTION X. General Provisions A. 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 understandings or agreements with respect hereto. B. 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 except as specified in SECTION III., Item C. C. Iermination 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. Notices to the Agency shall be addressed to it at 196 Oakland Avenue, City of Pontiac, State of Michigan, Zip Code 48056, and notices to the County shall be addressed to it c/o the Office of Community Development at 1200 North Telegraph Road, City of Pontiac, State of Michigan, Zip Code 48053. D. Indemnification 1. The Agency shall indemnify, defend, and hold harmless the County against any and all expense and liability arising against the County resulting from any act, omission, or negligence of the Agency. 2. The County shall indemnify, defend, and hold harmless the Agency against any and all expense and liability arising against the Agency resulting from any act, omission, or negligence of the County. 3. In the event the Agency becomes involved in or is threatened with litigation relative to this contract and project, the Agency shall immediately notify the County and the County may enter into such litigation to protect the interest of the County as they may appear. 5 E. 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 $300,000 per occurrence combined single limit. This policy shall provide coverage of premises, operations, products, and completed operations, contractual, independent contractors, broad form property damage and personal injury. All of the above requirements will be evidenced by a Certificate of Insurance granting no less than thirty (30) days notice of caricellation. F. Independent Contractor Provisioq 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 and agency or employee of the County. G. Osputes 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. 6 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 COUNTY OF OAKLAND By: HUMAN SERVICE AGENCY STATE OF MICHIGAN 497/Z di/7-07 By: Robett L. Conaw Position: Executive Director Date: Attest: Date: OLHSA PJT/ams 041390 TXB28 Position: Date: Attest: Date: 7 TOWNSHIPS Addison Brandon Commerce Grove land Highland Holly Independence Lyon Milford Oakland Orion Oxford Rose Royal Oak Springfield West Bloomfield White Lake VILLAGES Beverly Hills Clarkston Holly Lake Orion Leonard Milford Ortonville Oxford Wolverine Lake Attachment A ELIGIBLE PROJECT AREAS JURISDICTIONS PARTICIPATING IN THE 1990-91 OAKLAND COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Auburn Hills Berkley Birmingham Clawson Farmington Ferndale Hazel Park Huntington Woods Keego Harbor Lathrup Village Madison Heights Northville - Novi Oak Park Orchard Lake Village Pleasant Ridge Rochester Rochester Hills South Lyon Sylvan Lake Troy Walled Lake Wixom Bloomfield Hills Farmington Hills Lake Angelus Pontiac Royal Oak Southfield NON-PARTICIPATING COMMUNITIES Bloomfield Novi Southfield Waterford Bingham Farms Franklin Attachment B EXPANDED WEATHERIZATION PROGRAM CHECKLIST - Water Heater Insulation Blankets - Storm Windows - Mobile Home Repairs (doors, skirting, etc.) -Caulking -Weatherstripping - Pipe Wrap - Storm Doors - Miscellaneous minor repairs needed to protect, preserve or provide additional energy efficiency to the weatherizaton services (i.e., patching holes in walls or ceiling, trim work, foundation repair, etc.) ENERGY EDUCATION WORKSHOPS PROGRAM CHECKLIST - 1 Caulk Gun - 2 Tubes Acrylic Caulk - 1 Tube Clear Silicone Caulk - 1 Package Rope Caulk (90') - 1 Package Foam 'Weatherstripping (34') - 2 Packages Rolled Vinyl Weatherstripping (17') - 1 Package Plug and Socket Draft Sealers - 2 Door Sweeps - 1 Roll Duct Tape - 1 Roll Clear Plastic Tape (2" wide) - 1 Faucet Flow Restrictor - 1 Interior Plastic Storm Kit - 1 Water Heater Insulating Blanket - 1 Package Four 3' Tubes Pipe Insulation Attachment C BUDGET Conservation Repair and Energy Material a Total Administration $ 4,000 $ 3,000 $ 7,000 Labor 2,500 11,000 13,500 Materials 9,000 10,000 19,000 Travel 250 250 500 Total $15,750 $24,250 $40,000 Attachment D 1989 POVERTY INCOME GUIDELINES FOR D.O.E. WEATHERIZATION Size of Family Unit 125% of Poverty Guidelines 1 $ 7,850 2 10,525 3 13,200 4 15,875 5 18,550 6 21,225 23,900 8 26,575 For family units with more than eight (8) members, add $2,675 for each additional member. These will apply to the program upon approval of revised 1990 income guidelines. Resolution # 90112 May 24 1990 Moved by Richard Kuhn supported by Susan Kuhn the resolution be adopted. AYES: Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell, Calandro, Chester, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, S, Kuhn, Law, Luxon, McConnell, McCulloch, McPherson, Moffitt, Olsen, Pappageorge. (26) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND I, Lynn D. Allen, Clerk of the County of Oakland, do thereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on May 24, 1990 with the original record thereof now remaining in my office, In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac. Michigan this 24th day 21-2.22y 1S 90 r nn/D. Allen, County Clerk —