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HomeMy WebLinkAbout00-209 Resolution No . 00-209 RESOLUTION AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH ROZNY & ASSOCIATES , INC . FOR A FAIR HOUSING REPORT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS , that Joyce A. Parker, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Professional Services Agreement on behalf of the City of Elgin with the City of Aurora, the County of Kane and Rozny & Associates, Inc . for professional services in connection with the preparation of an Analysis of Impediment to Fair Housing Report , a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: September 27 , 2000 Adopted: September 27 , 2000 Omnibus Vote : Yeas 7 Nays 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk PROFESSIONAL SERVICES AGREEMENT RELATING TO FAIR HOUSING IMPEDIMENTS ANALYSIS THIS AGREEMENT, made and entered into this eWay of .$ 6)0t— , 2000,by and between the CITY OF ELGIN, an Illinois municipal corporation, the CITY OF AURORA, an Illinois municipal corporation, the COUNTY OF KANE, a body politic and corporate, (hereinafter collectively referred to as "CITIES and COUNTY") and ROZNY&ASSOCIATES, INC., (hereinafter referred to as "R& A"). WHEREAS, the CITIES and COUNTY desire to engage R & A to furnish certain professional services in connection with the preparation of an Analysis of Impediment to Fair Housing report (hereinafter referred to as the PROJECT or Al REPORT). NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby agree as follows: I. SCOPE OF SERVICES R&A shall perform the following services in regards to the above Project: A. Analyze current policies, programs, activities, laws, regulations and practices that affect the location, availability and accessibility of housing. Assess conditions affecting fair housing choice and identify impediments to fair housing choice within the three jurisdictions. B. Develop an action plan to further implement fair housing in the three jurisdictions and overcome the effects of any identified impediments. C. Prepare a records maintenance system to maintain support data, monitor actions and facilitate reporting and all other actions mentioned or described in R & A's letter of July 28, 2000 and proposal attached thereto,which letter and proposal are attached hereto as Exhibit A. IL PROJECT AND PAYMENT SCHEDULE The Project Schedule will be that which is set forth in R & A's proposal and is attached hereto and made a part hereof as Exhibit A. Payment will be made in three equal parts upon receipt of the following work products: A. Upon receipt by the CITIES and COUNTY from R & A of a preliminary draft report containing an analysis of current conditions and practices, the identification of any impediments to fair housing within the three jurisdictions, and an action plan to overcome the effects of identified impediments for the three jurisdictions, the City of Aurora will pay$5,416.67 to R&A. B. Upon receipt by the CITIES and COUNTY from R& A of a final draft of the Al Report and three copies of the final product in digital format, i.e., Word Perfect or Microsoft Word the City of Elgin will pay$5,416.67 to R&A. -1- C. Upon receipt by the CITIES and COUNTY from R & A of 36 printed copies of the AI Report and a records maintenance system,based on a county-wide analysis and plan,the County of Kane will pay$5,416.67 to R&A. In case of any reductions or adjustments caused by any event or situation, each City or County shall be reimbursed proportionately so that final contributions are equal. III. WORK PRODUCTS All work products prepared by R & A pursuant hereto including, but not limited to, reports, designs, calculations, work drawings, studies, photographs, models and recommendations shall be the property of the CITIES and COUNTY and shall be delivered to the CITIES and COUNTY upon request of the Program Manager provided, however, that R&A may retain copies of such work products for its records. R&A may use survey instruments, methodologies and tools developed over the course of this project and, subject to the approval of the CITIES and COUNTY, may use general non- confidential information contained in the AI for use in other similar work. Such work products are not intended or represented to be suitable for reuse by the CITIES and COUNTY on any extension to the PROJECT or on any other project, and such reuse shall be at the sole risk of the CITIES and COUNTY without liability or legal exposure to R& A. IV. PAYMENTS TO R&A The CITIES and COUNTY shall reimburse R & A for services under this Agreement a total sum of SIXTEEN THOUSAND TWO HUNDRED FIFTY DOLLARS and NO/100ths ($16,250.00) regardless of actual time expended or costs incurred by R & A unless SUBSTANTIAL modifications to the project are authorized by all of the parties hereto by way of a written amendment to this Agreement. Payment of such sum shall be made in installments as provided in Article II hereof. V. MAINTENANCE OF RECORDS R&A shall maintain records showing actual time devoted and cost incurred. R&A shall permit any authorized representative of the CITIES or COUNTY to inspect and audit all data and records of R& A for work done under this Agreement. R&A shall make these records available at reasonable times during the Agreement period, and for a year after termination of this Agreement. VI. TERMINATION OF AGREEMENT Notwithstanding any other provision hereof,the CITIES and COUNTY may terminate this Agreement at any time upon fifteen (15) days prior written notice to R& A. In the event that this Agreement is so terminated, R& A shall be paid for services actually performed and reimbursable expenses actually incurred prior to termination, except that reimbursement shall not exceed the task amounts set forth under Paragraph II above, nor shall there be any partial payment for any project not completed pursuant to Section 11. -2- VII. TERM This Agreement shall become effective as of the date R & A is given a notice to proceed and, unless terminated for cause or pursuant to Article VI, shall be deemed concluded on the date the CITIES and COUNTY determine that all of R & A's work under this agreement is completed. A determination of completion shall not constitute a waiver of any rights or claims which the CITIES or COUNTY may have or thereafter acquire with respect to any term or provision of the Agreement. VIII. NOTICE OF CLAIM If R&A wishes to make a claim for additional compensation as a result of action taken by the CITIES or COUNTY, R& A shall give written notice of his claim within fifteen (15) days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in R & A's fee shall be valid only to the extent that such changes are included in writing signed by each CITY and COUNTY and R & A. Regardless of the decision of each CITY and COUNTY relative to a claim submitted by R &A, all work required under this Agreement as determined by the CITIES and COUNTY shall proceed without interruption. IX. BREACH OF CONTRACT If any party violates or breaches any term of this Agreement, such violation or breach shall be deemed to constitute a default, and the other party has the right to seek such administrative, contractual or legal remedies as may be suitable to the violation or breach; and,in addition, if either party,by reason of any default, fails within fifteen(15)days after notice thereof by the other party to comply with the conditions of the Agreement,the other party may terminate this Agreement. X. INDEMNIFICATION To the fullest extent permitted by law, R & A agrees to and shall indemnify, defend and hold harmless the CITIES and COUNTY, their officers, employees, agents, boards and commissions from and against any and all claims, suits,judgments, costs, attorneys fees, damages or other relief, including but not limited to workers compensation claims, in any way resulting from or arising out of negligent actions or omissions of R&A in connection herewith, including negligence or omissions of employees or agents of R & A arising out of the performance of this Agreement. In the event of any action against the CITIES or COUNTY, their officers, employees, agents, boards or commissions, covered by the foregoing duty to indemnify, defend and hold harmless such action shall be defended by legal counsel of each respective CITY or COUNTY's choosing. XI. NO PERSONAL LIABILITY No official, director, officer, agent or employee of the CITIES or COUNTY shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement. -3- XH. NONDISCRIMINATION In all hiring or employment made possible or resulting from this Agreement, there shall be no discrimination against any employee or applicant for employment because of sex, age, race, color, creed,national origin,marital status, of the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification, and this requirement shall apply to, but not be limited to, the following: employment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training,including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex,race,color, creed,national origin, age except minimum age and retirement provisions, marital status or the presence of any sensory, mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation,termination or suspension,in whole or in part, of the Agreement by the CITIES and COUNTY. XIII. ASSIGNMENT AND SUCCESSORS This Agreement and each and every portion thereof shall be binding upon the successors and the assigns of the parties hereto; provided,however, that no assignment shall be made without the prior written consent of the CITIES and COUNTY. XIV. NO CO-PARTNERSHIP OR AGENCY This agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties hereto. XV. SEVERABILITY The parties intend and agreed that,if any paragraph, sub-paragraph,phrase, clause or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect. XVI. HEADINGS The headings of the several paragraphs of this Agreement are inserted only as a matter of convenience and for reference and in no way are they intended to define, limit or describe the scope of intent of any provision of this Agreement, nor shall they be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof. XVH. MODIFICATION OR AMENDMENT This Agreement and its attachments constitutes the entire Agreement of the parties on the subject matter hereof and may not be changed, modified, discharged or extended except by written amendment duly executed by the parties. Each party agrees that no -4- representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof, or change order as herein provided. XVIII. APPLICABLE LAW This Agreement shall be deemed to have been made in, and shall be construed in accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this agreement shall be in the Circuit Court of Kane County,Illinois. XIX. NEWS RELEASES R & A may not issue any news releases without prior approval from the CITIES and COUNTY, nor will R & A make public proposals developed under this Agreement without prior written approval from the CITIES and COUNTY prior to said documentation becoming matters of public record. XX. COOPERATION WITH OTHER CONSULTANTS R& A shall cooperate with any other consultants in the CITIES and COUNTY's employ or any work associated with the PROJECT. XXI. INTERFERENCE WITH PUBLIC CONTRACTING R & A certifies hereby that it is not barred from bidding on this contract as a result of a violation of 720 ILCS 5/33E et seq. or any similar state or federal statute regarding bid rigging. XXII. NOTICES All notices, reports and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail,postage prepaid, addressed as follows: A. As to CITY OF ELGIN: JANICE WARD, Senior Planner City of Elgin 150 Dexter Court Elgin,Illinois 60120-5555 B. AstoR&A: ROZNY AND ASSOCIATES, INC.: 863 University Place Grosse Pointe,MI 48230 -5- C. As to KANE COUNTY: MOLLIE MILLEN, CDBG Program Manager Kane County Development Dept. 719 S.Batavia Geneva, IL 60134 D. As to CITY OF AURORA: Charles Huff,Director of Neighborhood Development 501 College Avenue, Suite 320 Aurora,IL 60505 IN WITNESS WHEREOF, the undersigned have placed their hands and seals upon and executed this Agreement in triplicate as though each copy hereof was an original and that there are no other oral agreements that have not been reduced to writing in this statement. Dated by the parties hereto the date above first written. For the CITY OF ELGIN: For the CITY OF AURORA: B l J e A. arker,City Manager ayo David L. Stover Attest: Attest: Dolonna Mecum,-City Cerk Cheryl Voihoff, City Clerk For KANE COUNTY: For ROZNY&ASSOCIATES,INC. r By By Mike McCoy,Chairm n Kane County Board Attest: Attest: Lorrayne P. Sava, County Clerk Laurie Coplin, Secretary -6- SEP- 7-00 THU 2:26 PM KANE CO DEUELOPMENT DEPT FAX NO. 6302323411 EXHIBIT Inc. Phone; 313!685/8136 � M1 AN30 e-ma l mroinywAmeritechmet hex: 373/88518136 61 July 20, 2000 Ms. M0111e Millen CDBG Program Manager Kane County Development Dept. 719 Batavia Avenue Geneva, IL 60134 Dear Ms. Millen: RE: Proposal for Consulting Services Kane County,Cities of Aurora and Elgin Assessment of Impediments to Fair Housing Ronny&Associates, Inc. is pleased to submit an original and two copies of its proposal to provide the captioned services, in accordance with the criteria outlined in the County's June 9, 2000 Request for Proposals. In this proposal, Ronny&Associates, Inc. will: ✓ plan and develop all survey tools, ✓ research existing plans, policies, reports and studies to assess existing conditions in the study area, ✓ survey community stakeholders including government, lenders, real estate representatives, non-profit organizations, civil rights organizations and community leaders in each of the three jurisdictions involved in this study, ✓ draft and modify the Al to meet the County's and Cities' requirements and HUD's expectations. ✓ modify the Al, post-submission, if required by HUD, ✓ develop a management control system to document actions taken to implement the Al and evaluate and record the results thereof. Please note that this proposal can be modified to meet either your performance or cost expectations. Complete details and all information required in the RFP are enclosed. Please also note that Rozny &Associates, Inc. has over 25 years of increasingly responsible experience In housing and community development and has established a track record of customer satisfaction. It guarantees your complete satisfaction in this project. Please do not hesitate to contact us at any of the above addresses if you have any Questions or require any further assistance. Thank you for your consideration. I hope that we can meet in the near future. Si erely, lchael�Ro' President Enclosures: SEP- 7-00 THU 2:26 PM KANE CO DEUELOPMENT DEPT FAX NO. 6302323411 P. 3 Consulting Proposal for Analysis of Impediments to Fair Housing Submitted for: The County of Kane, and the Cities of Aurora and Elgin By; Rozny&Associates, Inc. July 20, 2000 1. Qualifications of Personnel to be Involved: Michael Rozny, President of Rozny & Associates, Inc., will be the sole Individual involved in this project. Details with corporate and personal qualifications are enclosed, Recent work not mentioned in the enclosure includes HUD technical assistance in the new lead-based paint regulations and the development of Consolidated and Public Housing Agency Plans. The purveyor of assistance will need to adept in group and meeting facilitation, in project planning, and in project management, skills which Rozny &Associates, possesses in abundance. 2. Fully-Burdened Cost: to develop, print, and bind 36 bound copies of the Al, and to prepare a program evaluation and documentation system, meeting both local and HUD requirements- $20,000. The major tasks are outlined below. 3. Schedule: The work will be broken into a series of timed tasks as follows: Please note that dates reflect slippage for contingencies-and other contracted and continuing work, and are subject to modification if required by the County and Cities. Please note that two alternative methodologies for obtaining community input are offered for your consideration and selection based on local preferences. -TFPJFE-(IN DAYS)- d. E . . • A . LOCATION,OF , :HOURS TO TASK BE RVlCE COMPLETE 0-8 Initial meeting with County and City staff-sign contract; On-Site/ 28 discuss project requirements; firmly establish project R&A Office requirements. Methodology design and preparation. A. Option., Facilitated Meetings with Community Stakeholders to obtain Information and Insights 9-30 48 (County/City staff; Real Estate and Lenders,Private On-Site Non-Profit,Civil Flights, Neighborhood Organizations and Individuals to attend.)• B. melon: conduct individual stakeholder Interviews to obtain this information. 31 -65 128 Compile and analyze results of data collection. Identify R&A Office gaps and complete. Prepare first draft of Al. E-mail draft to County/Cities for review. 66-70 12 Local review of draft. Discuss first draft with County and On-Site City officials. SEP- 7-00 THU 2:27 PM KANE CO DEUELOPMENT DEPT FAX NO. 6302323411 P. 4 71 -90 Prepare final draft based on comments received from R&A Office 28 County and City Officials. Transmit electronic version of final draft for County/City review. 91 -97 8 Receive electronic comments and make final R&A Office modifications to document. Complete Al. A. Modify, if necessary,based on County/City comments. Publish and present 36 copies(plus 3 diskette versions In 97- 120 60 Word or Word Perfect)of Al to County/Cities. On-Site; R&A Office b. Review local requirements; establish Al documentation and record-keeping system which meets County and Cities needs. 4. Additional Services Requested: logistical support such as non-transportable supplies and equipment necessary for meetings with stakeholders (e.g. in-focus or overhead projector, flip charts, a meeting room for facilitated meetings, a temporary desk and phone (if available), and a list (with names, addresses and phone numbers) of community stakeholders who should provide input into Al development. if Individual interviews are conducted in lieu of group meetings, the need would consist of the aforementioned mailing list and desk and phone space from which to operate for short periods of time while on site. It is envisioned that interviews would occur at the organization's offices. 6. Qua lifications/References: Similar P revlous Assianments: Al--City of Westland, MI—currently underway Development and publication of (3)2000-2004 Year and Annual Consolidated Plans-including compiling, analyzing, and synthesizing data for housing and demographic profiles, and fair housing components. All involved facilitated discussion, assessment and prioritization of needs among community stakeholders. Preparation of(3) Public Housing Agency Plans: including the revamping of Section 8 Administrative Plan, facilitated discussion and assessment of existing conditions, future visioning, and establishing overall PHA near-and long-term priorities. Sub-cgnsuitants: Rozny&Associates, Inc. does not intend to employ any sub- consultants or sub-contractors on this project. All work will be performed by Michael Rozny. SEP- 7-00 THU 2: 27 PM KANE CO DEVELOPMENT DEPT FAX NO. 6302323411 P. 5 References! Township of Canton Gerald Martin 734/397/5392 Resource Development Specialist City of Elgin Mark slemacki 847/931/6907 Planning Director Metro Housing partnership Ravi Yalamanchi 8101767/4622 Executive Director X21 City of Westland James Gilbert, Director 734/595/0288 Housing &Comm. Development x222 e . Agenda Item No. City of Elgin g September 5, 2000 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager QUALITY HOUSING SUBJECT: Professional Services Agreement Related to Intergovernmental Fair Housing Analysis PURPOSE The purpose of this memo is to provide the Mayor and members of the City Council with information to consider a Professional Services Agreement with Rozny & Associates, Inc. to prepare the Analysis of Impediments to Fair Housing (AI) report for the City of Elgin, in coordination with the County of Kane and City of Aurora. BACKGROUND The City of Elgin is required by the U. S . Department of Housing and Urban Development (HUD) to update its 1996 Analysis of Impediments to Fair Housing Choice in Elgin, Illinois report . Since Kane County and the City of Aurora also must submit reports during the same time frame, the City of Elgin has joined together with these jurisdictions to produce a report that encompasses the entire County. A Request for Proposal (RFP) for professional services was distributed on June 12 , 2000 . Responses were received from Northern Illinois University' s Center for Governmental Studies, Rudd and Associates, and Rozny & Associates, Inc. The proposals were reviewed by representatives from each jurisdiction primarily in terms of experience and cost of services. Of the three firms that submitted proposals, the consensus of the review committee was to recommend the contract award to Rozny & Associates, Inc. , who also submitted the lowest bid. Rozny and Associates, Inc . will produce the AI to be consistent with HUD guidelines. The document will include : 1) an analysis of current policies, programs, activities, laws, regulations and practices that affect the location, availability and accessibility of housing, 2) the identification of any impediments to fair housing; 3) the development of an action plan to overcome impediments and further implement fair housing within each of the three jurisdictions, and; 4) the development of a records maintenance system to monitor actions, maintain support data and facilitate reporting. Intergovernmental Fair Housing Analysis September 5, 2000 Page 2 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Brenda Shavers, Community Builder, HUD, Office of the Secretary' s Representative Pat Sullivan, Community Builder, HUD, Office of the Secretary' s Representative. Mollie Millen, Program Manager, Kane County Development Department . Charles Huff, Planning Director, City of Aurora List of Consultants (on file) . FINANCIAL IMPACT The total cost to prepare the Analysis of Impediments to Fair Housing report is $16, 250 . Each of the three jurisdictions will pay $5, 416. 67 - one-third of the total cost . Funding for the consultant services will be provided through account number 230- 0000-791 . 30-99, Professional Services, project number 154026, CDBG Program Administration. LEGAL IMPACT The CDBG program is subject to Section 808 (e) (5) of the Fair Housing Act which mandates HUD to administer housing and urban development programs in a manner that affirmatively furthers fair housing. As required by CDBG regulations, the City of Elgin has certified (through the Consolidated Plan) that it will affirmatively further fair housing (AFFH) . In support of the AFFH certification, the City of Elgin must conduct an Analysis of Impediments to Fair Housing Choice and actions are to be taken to address any identified impediments. Elgin' s last AI was prepared in 1996 and HUD is requiring an updated analysis in order to coincide with the current Consolidated Plan cycle. ALTERNATIVES The Mayor and City Council can approve the attached Professional Services Agreement or choose not to approve the Agreement and pursue the preparation of the Analysis of Impediments to Fair Housing report with an alternate contractor or as a single jurisdiction. Intergovernmental Fair Housing Analysis September 5, 2000 Page 3 RECOMMENDATION It is recommended that the Mayor and City Council approve the Professional Services Agreement between the City of Elgin, the County of Kane, the City of Aurora and Rozny and Associates, Inc. for the preparation of the Analysis of Impediments to Fair Housing report and to contribute $5, 416 . 67 to the cost of the services . Respectfully submitted, Q cQ ` /"e A. Parker City Manager JAP/mtb F