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HomeMy WebLinkAboutResolutions - 1998.08.06 - 25281July 16, 1998 MISCELLANEOUS RESOLUTION #98166 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 (OLHSA) 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 by a vote of 14-0; 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 attached contract with the Oakland Livingston Human Service Agency for the implementation of: (A) Home weatherization in the amount of $30,250, and (B)Energy education in the amount of $19,750, the total contract not to exceed $50,000. BE IT FURTHER RESOLVED that the Oakland County Executive and the Chairperson of the Oakland County Board of Commissioners are authorized to execute the agreement between Oakland Livingston Human Services Agency (OLHSA) and Oakland County. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. G COMMITTEE planning and Building Committee Meeting: Motion carried unanimously on a roll call vote. Contract No. CDD H & E 99-002 1 Effective Date: July 1, 1998 Program Date: 7/1/98 to 6/30/99 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, 1998 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, Division of Community Development, hereinafter designated as the "County", having its principal office at 1200 North Telegraph Road, City of Pontiac, State of Michigan, 48341-0414. The effective dates of this Contract shall be from July 1, 1998 to June 30, 1999, 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 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. 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 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 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. A minimum of 30 homes will be served. 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 Director from the Agency's Weatherization Program. D. The Agency will use all the best efforts to provide up to an additional Two Thousand ($2,000) 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 or state energy assistance 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. 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. SECTION IV. The County's Responsibilities The County shall, in consideration for services rendered by the Agency a total sum not to exceed Fifty Thousand Dollars ($50,000) upon receipt of written reimbursement request for 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. 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 for any reason including convenience by giving thirty (30) days notice. In the event of termination, the County's obligation shall only be to reimburse the Agency for services actually rendered up to the point of notification of termination, or for services actually rendered (and not contracted for) during the period of notice of termination, after notice is servced. In the event of termination, the County is not obligated for payment for the duration of the term of the agreement unless such term is less than thirty (30) days at the time notice of termination is given. 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 Division 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. 2. Commercial General Liability policy equivalent to ISO Form CG001096 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. 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: By: Robert L. Conaway Position: Executive Director Position: Date: Date: Attest: Attest: Date: Date: OLHSA 040298 ocbdg981.rfp rev. 6/25/98 Resolution #98166 July 16, 1998 The Chairperson referred the resolution to the Finance Committee. There were no objections. FISCAL NOTE (M.R. #98166) August 6, 1998 BY: FINANCE, SUE ANN DOUGLAS, 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: Pursuant to Rule XII-F of this Board, the Finance Committee has reviewed the above referenced Resolution and finds: 1. The Oakland County Community Development Block Grant (CDBG) includes programs to ensure suitable living environments for low and moderate income persons. 2. Oakland Livingston Human Service Agency (OLHSA) Project Warmth program provides energy education and home weatherization services as contracted through the CDBG. 3. The resolution authorizes the renewal of the contract. 4. The contract includes funding for the home weatherization program in the amount of $30,250 and enery education in the amount of $19,750. 5. The funding is currently budgeted in the Community Development Division Development Block Grant (CDBG), no budget amendments are needed. FINANCE COMMITTEE FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Coleman absent. WLe ipplir F op. FOREGOING RES LUTION arson. County Executive Date Resolution 498166 August 6, 1998 Moved by Palmer supported by McPherson the resolution be adopted. AYES: Law, McCulloch, McPherson, Millard, Moffitt, Obrecht, Palmer, Schmid, Taub, Wolf, Amos, Coleman, Dingeldey, Douglas, Garfield, Gregory, Hoffman, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. I HEREBY Brooks e 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 6, 1998 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 6th day 1;eygust 8. "y Lynn D. Allen, County Clerk