HomeMy WebLinkAboutResolutions - 1999.08.05 - 25638August 5, 1999
MISCELLANEOUS RESOLUTION 199190
BY: PLANNING AND BUILDING COMMITTEE, CHARLES E. PALMER, CHAIRPERSON
IN RE: COMMUNITY DEVELOPMENT DIVISION-l999 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
approved the attached contract by a vote of 13 to 0 at their July 14,
1999 meeting; and
WHEREAS the contracts have been reviewed and approved as to form by
the Office of Corporation Counsel, the Personnel Department, the
Department of Management and Budget, and Risk Management in accordance
with 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.
unanimously
PLAN D BUILDING COMMITTEE
Planning and Building Committee Vote:
Motion carried unanimously on a roll call vote with Sever absent.
Contract No. CDD H & E 00-0 Effective Date: July 1. 1999
Program Date: 7/1/99 to 6/30/00
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, 1999 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, 48343-0598, 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, 1999 to June 30, 2000, 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 Contact
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 CD13G 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.
3.
In consideration of mutual promises and 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 inspectors 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 education activities.
G. The Agency will refer program participants to Oakland County home improvement loan
opportunities in their respective communities.
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 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. 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 PA 453, Section 209. The parties shall also
comply with the provisions of the Michigan Handl- cappers Civil Rights Act, 1976 PA 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 1X. Religious Activity Prohibited
There shall be no religious worship, instniction, 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 rust obtained except as specified in SECTION
M., 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. 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
serviced. 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 430698, 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.
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. Commercial 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 coverage.
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, =covered losses and losses in
excess of valid coverage 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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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 Weatherixation 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:
Ronald B. Borngesser L. Brooks Patterson
Position: Chief Executive Officer Position:
County Executive
Date: Date:
BY:
Agin P. McCulloch Position:
Chairperson, Board of Commissioners
Date:
Attest: Attest:
Date: Date:
OLHSA
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ocdbg991
By:
6
TOWNSHIPS
Addision
Brandon
Commerce
Groveland
Highland
Holly
Independence
Lyon
Milford
Oakland
Orion
Oxford
Rose
Royal Oak
Springfield
West Bloomfield
White Lake
VILLAGES
Beverly Hills
Franklin
Holly
Lake Orion
Leonard
Milford
Ortonville
Oxford
Wolverine Lake
Attachment A
ELIGIBLE PROJECT AREAS
JURISDICTIONS PARTICIPATING IN THE 1999/2000
OAKLAND COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
CITIES
Auburn Hills
Berkley
Birmingham
Clawson
Clarkston
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
These communities operate their own CDBG programs, independent of
the county program:
City of Pontiac
City of Southfield
City of Royal Oak
Waterford Township
City of Farmington Hills
OLHSA/pjt
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Ocdbg99a.rfp
(248) 857-5745
(248) 354-4413
(248) 546-5577
(248) 674-3111
(248) 464-6115
Attachment B
1999 GUIDELINES FOR SECTION 8 INCOME LIMITS
AND ENERGY EDUCATION WORKSHOPS
LOW/MOD LOW
PEOPLE IN PEOPLE IN
HOUSEHOLD LIMITS HOUSEHOLD LIMITS
1 $33,450 - 1 — $21,200
2 38,250 2 24,200
3 43,000 3 27,250
4 47,800 4 30,250
5 51,600 5 32,650
6 55,450 6 35,100
7 59,250 7 37,500
8 63,100 8 39,950
(HUD Section 8 Income Limits Revised 4/99
ocdlbg99b.rfp
Attachment C
1999 POVERTY INCOME GUIDELINES FOR D.O.E. WEATHERIZATION
Please note that during the 1995/96 Weatherization Grant year the
income guidelines were raised from 125% to 150% in accordance with
standard Family Independence Agency guidelines. New federal
guidelines are published in February of each year and made
available to the weatherization program in April or May. As soon
as the new guidelines are assigned to the weatherization program
they are implemented for eligibility purposes.
Size of Family Unit 150% of Poverty Guidelines
1 $124360
2 16,590
3 20,820
4 25,050
5 29,280
6 33,510
7 37,740
8 41,970
For family units with more than eight (8) members, add $4,230 for
each additional member.
OLHSA
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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, furnace, roof and hotwater heater repairs,
etc.)
ENERGY EDUCATION WORKSHOPS PROGRAM CHECKLIST
- 1 Caulk Gun
- 2 Tubes Acrylic Caulk
- 2 Tube Clear Silicone Caulk
- 1 Package Rope Caulk (90')
- 2 Interior Plastic Storm Kits*
- 1 Package Socket/Switch Sealers
- 1 Package Socket Safety Caps**
- 1 30' Silver Cloth Duct Tape
- 1 15W Compact Fluorescent Bulb**
- 1 20W Compact Fluorescent Bulb**
- 1 Earth Massage Low Flow Showerhead*
- 1 Faucet Aerator
- 1 Toilet Tank Bank**
- 1 Refrigerator Brush**
- 3 Foam TubeS of Pipe Wrap (9')
*These items have been updated.
**These items are new this year.
OLHSA/pjt
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Attachment E
BUDGET 1999/2000
Home Repair
Energy Expanded
Education Weatherization Total
Administration $ 5,000 $ 4,000 $ 9,000
Labor 3,543 13,500 17,043
Materials 10,607 12,250 22,857
Travel 600 500 1,500
Totals $19,750 $30,250 $50,000
OLHSA/pjt
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Resolution #99190 August 5, 1999
Moved by Palmer supported by Schmid the resolution be adopted.
AYES: Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Obrecht,
Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos, Appel, Causey-Mitchell,
Colasanti, Coleman, Douglas, Garfield. (21)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, G. William Caddell, 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 5, 1999 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 5tA/day sve August, 1999.
G. William Caddell, County Clerk
Resolution #99190 August 5, 1999
Moved by Palmer supported by Schmid the resolution be adopted.
AYES: Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Obrecht,
Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos, Appel, Causey-Mitchell,
Colasanti, Coleman, Douglas, Garfield. (21)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, G. William Caddell, 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 5, 1999 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 5tA7day pl f August, 1999.
G. William Caddell, County Clerk