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MISCELLANEOUS RESOLUTION #93124 July 15, 1993
BY: PUBLIC SERVICES COMMITTEE, LAWRENCE A. OBRECHT, CHAIRPERSON
IN RE: COMMUNITY DEVELOPMENT DIVISION - OAKLAND LIVINGSTON HUE:Ai:
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 Block Grant
Program has among its objectives 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 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)
Home Weatherization in the sum of $24,250 and; 2) Energy Education
in the sum of $19,750 and not to exceed a total budget of $44,000.
Chairperson, on behalf of the Public Services Committee, I
move the adoption of the foregoing resqlution.
Contract No. H & E 94-013
Effective Date: July 1, 1993
Program Date: 7/1/93 to 6/30/94
Energy Education/Expanded
Type of Program: Weatherization
Monitoring Position: Payson Tilden
Weatherization Project Director
CONTRACT BETWEEN
OAKLAND LIVINGSTON HUMAN SERVICE AGENCY
AND
COUNTY OF OAKLAND
SECTION I. Contract
This Contract is made on the first day of July, 1993 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, 1993 to June 30, 1994, and any additional period(s)
the "Agency" and the "County" shall agree.
SECTION H. 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 to moderate 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's low income weatherization services.
C. Promote increased awareness of home improvement loans offered by Oakland County for
higher cost home rehabilitation and energy conservation measures.
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In consideration of mutual promises an covenants contained herein, the Agency and County agrees
as follows:
SECTION ffl.The Agency's Responsibilities
A. The Agency shall target energy conservation education services for residents that meet
HUD's low to moderate income guidelines (Attachment B) and home expanded
weatherization services for very low income households which meet OLHS A's
Weatherization Program eligibility guidelines which are set by the Department of Energy
(Attachment C).
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 items on
the enclosed checklist; (Attachment D) The need and extent of repairs and materials, up to
$1000, 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 Seventeen Hundred
Forty-Eight ($1,748) 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 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.
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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 E.
SECTION V. Reporting
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.
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.
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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
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. 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, P.O. Box 430598, City of Pontiac, State of
Michigan, Zip Code 48343-0598, 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 48341-0414.
D. Indemnification
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.
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.
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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.
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.
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Position: Executive Director
Date:
Position:
Date:
SECTION XI.Attachments
The following attachments are incorporated by reference and become a part of this contract:
A. Eligible Project Areas
B. HUD income Guidelines
C. DOE Weatherization Income Guidelines
D. Program Checklist
E. Project Budget
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: 1g2c 7t11 By:
Robert L. Conaway
,
Attese.--) awe:. wi...„..tat Attest:
Date: 3/c793 Date:
OLHSA
050493
Oakland
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CITIES TOWNSHIPS VILLAGES
ATTACHMENT A
ELIGIBLE PROJECT AREAS
JURISDICTIONS PARTICIPATING IN THE 1993/94
OAKLAND COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Auburn Hills Addison Beverly Hills
Berkley Brandon Holly
Birmingham Commerce Lake Orion
Clarkston Groveland Leonard
Clawson Highland Milford
Farmington Holly Ortonville
Ferndale Independence Oxford
Hazel Park Lyon Wolverine Lake
Huntington Woods Milford
Keego Harbor Oakland
Lake Angelus Orion
Lathrup Village Oxford
Madison Heights Rose
Northville Royal Oak
Novi Springfield
Oak Park West Bloomfield
Orchard Lake Village White Lake
Pleasant Ridge
Rochester
Rochester Hills
South Lyon
Sylvan Lake
Troy
Walled Lake
Wixom
NON-PARTICIPATING COMMUNITIES
Bloomfield Hills Bloomfield
Farmington Hills Novi
Pontiac Southfield
Royal Oak Waterford
Southfield
Bingham Farms
Franklin
EPA (4)
kjf 5/12/93
Attachment B
1993 POVERTY INCOME GUIDELINES FOR SECTION 8 INCOME LIMITS
AND ENERGY EDUCATION WORKSHOPS
LOW/MOD LOW
PEOPLE IN PEOPLE IN
HOUSEHOLD LIMITS HOUSEHOLD LIMITS
1 $26,150 1 $16,350
2 29,900 2 18,700
3 33,600 3 21,000
4 37,350 4 23,350
5 40,350 5 25,200
6 43,350 6 27,100
7 46,350 7 28,950
8 49,300 8 30,800
Attachment C
1993 PROVERTY INCOME GUIDELINES FOR D.O.E. WEATHERIZATION
Size of Family Unit 125% of Poverty Guidelines
1 $ 8,713
2 11,788
3 14,863
4 17,938
5 21,013
6 24,088
7 27,163
8 30,238
For family units with more than eight (8) members, add $3,075 for
each additional member.
Attachment D
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 weatherization
services (i.e., patching holes in walls or ceiling, trim
work, foundation repair, etc.)
ENERGY EDUCATION WORKSHOPS PROGRAM CHECKLIST
- Caulk Gun
- 2 Tubes Acrylic Caulk
- 1 Tube Clear Silicone Caulk
- 1 Package Rope Caulk (90')
- 2 Packages Rolled Vinyl Weatherstripping (17')
- 1 Package Plug and Socket Draft Sealers
- 2 Door Sweeps
- I Roll Duct Tape
- I 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 E
BUDGET
Home Repair
Energy Expanded
. 4CI Pqatheri2atio0 r
inittjon . $ 5,000 $ 3,000
Labor 3,143 11,000
Materials 11,207 10,000
Travel 400 250
Totals $19,750 $24,250 $44,000
$ 8,000
14,143
21,207
650
Resolution #93124 July 15, 1993
Moved by Obrecht supported by Price the resolution be adopted.
AYES: Moffitt, Oaks, Obrecht, Palmer, Pernick, Powers, Price, Schmid,
Taub, Wolf, Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen,
Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner. (25)
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 duly 15,1993 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 15th. day of July, 19.),
Lynn D. Allen, County Clerk