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HomeMy WebLinkAboutResolutions - 1991.05.23 - 18554MISCELLANEOUS RESOLUTION NO. #91112 DATE May 23, 1991 BY: PUBLIC SERVICES COMMITTEE, RUTH A. JOHNSON, 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, Purchasing Division, Risk Management Division, and Personnel Division; and WHEREAS, the Oakland County Community Development Citizens Advisory Council recommends approval by a 15-1 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 $19,750 and not to exceed a total budget of $44,000. Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE OLHSA (9) kjf 4/20/89, rev. 5/1/91 Contract No. H & E 91-009 Effective Date: July 1. 1991 Program Date: 7/1/91 to 6/30/9a Energy Education/Expanded Type of Program: WeatherizatioR Monitoring Position: Nadas Bernarcl Housing & Energy Program Coordinator CONTRACT BETWEEN OAKLAND LIVINGSTON HUMAN SERVICE AGENCY AND COUNTY OF OAKLAND SECTION I. Contract This Contract is made on the first day of July, 1991 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, 48343, 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, 48342. The effective dates of this Contract shall be from July 1, 1991 to June 30, 1992, and any additional period(s) the "Agency" and the "County" shall agree. SECTION II. Purpose The purpose of this Contract is to provide an energy conservation education and home repair 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. 1 In consideration of mutual promises an covenants contained herein, the Agency and County agrees as follows: SECTION III. The Agency's Responsibilities 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 Guideline). These guidelines are set by the Department of Energy (DOE). B. The agency shall deliver both educational and hands-on workshops covering energy conservation practice/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 homes to be 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 item on the enclosed checklist: (See Attachment B - Program Checklist). The need and extent of repairs and materials, up to $700, unless prior approval to exceed is granted by the county, to be provided to each home will be determined by the inspector and Project Manager from the Agency's Weatherization Program. D. The Agency will use all the best efforts to provide up to an additional Sixteen Hundred Forty-Eight Dollars ($1,648) 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. E. The Agency shall submit reimbursement request, work programs 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,. 2 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 Four Thousand Dollars ($44,000). 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. fteporting The Agency shall comply with any additional reporting requirement to be specified by the County. 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, condition, 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 Handi- cappers 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. 3 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. Beligious 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 A. Merger or Integratiork 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. 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. 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. Tinelmn4firm4-4,..on 1. The Agency shall indemnify, defend, and hold harmless the County its employees, officials, volunteers, boards, commissions and agents against negligence of the Agency. 2. 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. 4 E. Insurance The Agency shall maintain during the term of this contract and any extensions thereof, the following insurance: 1. Worker's Compensation which meets Michigan's statutory requirements and Employer's Liability with a minimum limit of $100,000. each accident. 2. Comprehensive General Liability policy with a minimum combined single limit of $500,000. per occurrence for bodily injury or property damage. This policy shall include contractual and personal injury coverages. 3. Automobile Liability in accordance with Michigan No-Fault Laws with a minimum combined single limit of $300,000. per occurrence for bodily injury and property damage. Coverage shall include owned, non-owned and hired automobiles. Insurance will be maintained with a well-rated insurance company licensed in the State of Michigan and acceptable to the Oakland County Risk Management Department. The agency is responsible for all premiums, deductibles, co-payments, uncovered losses and losses in excess of valid coverages required to be maintained by the agency. Certificates evidencing such insurance coverage and subsequent renewals must be presented to and approved by the County prior to any services under this contract. Evidence of renewal of expiring coverage must also be submitted to and approved by Oakland County prior to such expiration date. Certificates must provide for thirty (30) day written notice to the certificate holder of cancellation of contractor's coverage. F. 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 and agency or employee of the County. G. 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. 5 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 HUMAN SERVICE AGENCY STATE OF MICHIGAN By: By: Robert L. Conaway Position: Executive Director Position: Date: Date: Attest: Attest: Date: Date: OLHSA 041691 Oakland 6 TOWNSHIPS Addison Brandon Commerce Groveland 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 1991-92 OAKLAND COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM C=IES 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 - Pipe Wrap - Storm Doors - Storm Windows - Mobile Home Repairs (doors, skirting, etc.) - Caulking - Weatherstripping - 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 f Attachment C BUDGET Conservation Repair and Energy Materials Total Administration $ 5,000 $ 3,000 $ 8,000 Labor 3,143 11,000 14,143 Materials 11,307 10,000 21,307 Travel 300 250 550 Total $19,750 $24,250 $44,000 Attachment D 1991 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 18,550 6 21,225 7 23,900 8 26,575 For family units with more than eight (8) members, add $2,675 for each additional member. Resolution # 91112 May 23, 1991 Moved by Johnson supported by Huntoon the resolution be adopted. AYES: Oaks, Olsen, Palmer, Pappageorge, Pernick, Price, Rewold, Schmid, Serra, Skarritt, Wolf, Aaron, Bishop, Caddell, Gosling, Huntoon, Jensen, Johnson, Krause, Law, McConnell, MOherson, Millard, Moffitt. (24) 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 hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County .Board of Commissioners on m a.y 3 991 with the original record thereof now remaining in my cffice, In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 23rd , day of—) May 1991 , ‘` ,• Lynnie. Allen, County —C1717e---2----- cffice,