HomeMy WebLinkAboutResolutions - 1995.08.17 - 24364MISCELLANEOUS RESOLUTION #95221 August 17, 1995
BY PLANNING AND BUILDING COMMITTEE, CHARLES E. PALMER, CHAIRPERSON
IN RE; COMMUNITY DEVELOPMENT DIVISION--CONTRACT WITH OAKLAND LIVINGSTON
HUMAN SERVICES AGENCY (OLHSA) FOR ENERGY EDUCATION AND
WEATHERIZATION SERVICES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Community Development Block Grant (CDBG) program
has among its objectives the provision of decent housing, a suitable living
environment, and expanded opportunities, principally for low- and moderate-income
persons; and
WHEREAS the Oakland 'Livingston Human Service Agency (OLIISA) has carried out
over the past several years a program known as Project Warmth, which provides
both energy education and home weatherization services for low- and moderate-
income persons; and
WHEREAS the County has helped fund this program since 1978; and
WHEREAS this cooperative program makes it possible to assist low-income
persons, handicapped persons, and senior citizens in meeting energy conservation
needs through conservation and education methods utilized in Project Warmth; and
WHEREAS the Oakland County Citizens' Advisory Council has voted to approve
the attached contract; and
WHEREAS the contract attached to this resolution has been approved as to
form per the County Executive's contract review procedure.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
authorize the Chairperson of the Board of Commissioners to execute the attached
contract with the Oakland Livingston Human Service Agency for the implementation
of: (A) Home weathcrization in the amount of $30,250, and (B)Energy education
in the amount of $19,750, the total contract not to exceed $50,000.
Chairperson, on behalf of the Planning and Building Committee, I move the
adoption of the foregoing resolution.
1 2 ii-3S5 1 J
Contract No. m & E 96-011
Effective Date: July 1. 1995
Program Date: 7/1195 to 6/30/96_,
Energy Education/Expanded
Type of Program:Egetharizelloik_
Monitoring Position: Payson Tilden
Weatherization Project Director
CONTRACT BETWEEN
OAKLAND LIVINGSTON HUMAN SERVICE AGENCY
AND
COUNTY OF OAKLAND
SECTION I. p=tract
This Contract is made on the first day of July, 1995 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, 1995 to June 30, 1996, and any additional period(s) the "Agency" and
the "County" shall agree.
SECTION II. EurPoile
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.
COMMUNITY
DEVELOPMENT
In consideration of mutual promises an covenants contained herein, the
Agency and County agrees as follows:
The_Aaezkra„L_Reazijahsnial.,. SECTION III.
A. The Agency shall target energy conservation education services for
residents that meet HUD's low to moderate income guidelines
(Attachment 13) and home expanded weatherization services for very
low income households which meet OLHSA'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 Eighteen Hundred ($1,800) 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. The homes will also benefit from other funding
sources providing funds for additional measures as available, such
as utility-leveraged funding.
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.
P. 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
completlon 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 Fifty Thousand
Dollars ($50,000).
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. eporting
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.
3
SECTION IX.
There shall be
part of, or in
SECTION X.
no religious worship, instruction, or proselytization as
connection with the performance of this Contract.
cteneralLirgijaign.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. &s_a_ignmeat__Dx
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.
A.
4
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.
5
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
HUMAN SERVICE AGENCY
By :
Robert L. Conaway////
Position: Executive Director
Date: -Ys
//
Attest,: /1v.
Date:
OLHSA
060196
Ocdbgctr
COUNTY OF OAKLAND
STATE OF MICHIGAN
By
Position.
Date: --
Attest:
Date:
6
TowNsglys
Addision
Brandon
Commerce
Grove land
Highland
Holly
Independence
Lyon
Milford
Oakland
Orion
Oxford
Rose
Royal Oak
Springfield
West Bloomfield
White Lake
VILLAGES
Beverly Hills
Holly
Lake Orion
Leonard
Milford
Ortonville
Oxford
Wolverine Lake
Bingham Farms
Franklin
Bloomfield Hills
Farmington Hills
Pontiac
Royal Oak
Southfield
Bloomfield
Novi
Southfield
Waterford
Attachment A
ELIGIBLE PROJECT AREAS
JuRISDICTIONS PARTICIPATING IN THE 1995/96
OAKLAND COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
CITIES
Auburn Hills
Berkley
Birmingham
Clawson
Clarkson
Farmington
Ferndale
Hazel Park
Huntington Woods
Keego Harbor
Lake Angelus
Lathrup Village
Madison Heights
Northville
Novi
Oak Park
Orchard Lake village
Pleasant Ridge
Rochester
Rochester Hills
South Lyon
Sylvan Lake
Troy
Walled Lake
Wixom
NON-PARTICIPATING COMMUNITIES
Attachment B
1995 POVERTY INCOME GUIDELINES FOR SECTION 8 INCOME LIMITS
AND ENERGY EDUCATION WORKSHOPS
LOW/MOD LOW
PEOPLE IN PEOPLE EN
HOUSEHOLD LIMITS HOUSEHOLD LIMITS
1 $26,300 1 $16,450
2 30,100 2 18,800
3 33,850 3 21,150
4 37,600 4 23,500
5 40,600 5 25,400
6 43,600 6 27,250
7 46,600 7 29,150
a 49,650 8 31,000
(HUD Section 8 Income Limits Revised 1/95)
Attachment C
1995 POVERTY INCOME GUIDELINES FOR D.O.E. wEATHERIZATION
Size of Family Unit 125% of Poverty Guidelines
1 $ 9,338
2 12,538
3 15,738
4 18,938
5 22,136
6 25,338
7 28,538
8 31,738
For family units with more than eight (a) members, add $3,200 for
each addtional member.
These guidelines will be in effect until notification of annual
revision approval by the Department of Energy (DOE), usually before
June 1st of each year.
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
- 1 Package Plug and Socket Draft Sealers
- 2 Door Sweeps
- 1 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 Low Flow Shower Head
(171)
Attachment E
BUDGET 1995/1996
Home Repair
Energy Expanded
Iducatiou Weatherization Total
Administration $ 5,000 $ 4,000 $ %az
Labor 4,143 13,500 17,643
Materials 9,607 12,250 24957
Travel 1,000 500 J4500
Totals $19,750 $30,250 $50,000
OLESA/pjt
060196
cdbgatta.e
Resolution #95221 August 17, 1995
Moved by Palmer supported by Jacobs the resolution be adopted.
AYES: Kingzett, Law, McCulloch, McPherson, Moffitt, Obrecht, Palmer,
Pernick, Powers, Quarles, Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey,
Douglas, Garfield, Holbert, HuntoOn, Jacobs, Jensen, Johnson, Kaczmar. (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 August 17, 1995 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 17th day of August 1995.
4:5> SZ.7
- -4 $-. Allen County Clerk
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