HomeMy WebLinkAbout03-1 Resolution No. 03-1
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE
HOPE FAIR HOUSING CENTER
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that pursuant to Elgin Municipal Code Section
5 . 02 . 020B (9) the City Council hereby finds that an exception to
the requirements of the procurement ordinance is necessary and
in the best interests of the city; and
BE IT FURTHER RESOLVED that Ed Schock, Mayor, and Dolonna
Mecum, City Clerk, be and are hereby authorized and directed to
execute an Agreement on behalf of the City of Elgin with the
HOPE Fair Housing Center for fair housing services, a copy of
which is attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: January 8 , 2003
Adopted: January 8 , 2003
Omnibus Vote : Yeas : 6 Nays : 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
DRAFT 12/16/02
AGREEMENT
THIS AGREEMENT, made and entered into this 8th day of January,
2003 , by and between the CITY OF ELGIN, an Illinois municipal
corporation (hereinafter referred to as "CITY" ) and the HOPE
Fair Housing Center, an Illinois corporation (hereinafter
referred to as "CONSULTANT" ) .
WHEREAS, the CITY and CONSULTANT have agreed to enter into an
agreement whereby the CONSULTANT shall render certain services
more fully described herein; and
WHEREAS, the CONSULTANT has demonstrated expertise in providing
such services, and has represented that it has the requisite
knowledge, skill, experience and other resources necessary to
perform such services and is desirous of providing such services
for the CITY.
NOW, THEREFORE, for and in consideration of the mutual
undertakings contained herein, and other good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto agree as follows :
1 . SCOPE OF SERVICES
CONSULTANT agrees to provide for the CITY the services set
forth in Exhibit A attached hereto and made a part hereof
by this reference including the deliverables set forth
therein, (hereinafter referred to as the "Subject
Services" ) in accordance with the terms and conditions of
this Agreement . The Subject Services shall be performed
under the direction of the CITY' s Community Development
Manager or his designee . Notwithstanding anything to the
contrary in this Agreement, it is agreed and understood
that the CONSULTANT shall not engage or participate in code
enforcement activities .
2 . SCHEDULE AND TERM
The term of the Agreement is commencing as of the date and
year first written above and continuing through May 31,
2003 , unless terminated sooner as provided herein.
3 . COMPENSATION AND PAYMENT
The CITY shall pay compensation to the CONSULTANT pursuant
to this Agreement in the total amount of One Hundred Fifty
Thousand Dollars ($150 , 000) regardless of actual costs
incurred by the CONSULTANT. All expenses of the CONSULTANT
are included in the total compensation of One Hundred Fifty
Thousand Dollars ($150 , 000) . The CITY shall pay to the
CONSULTANT the amount of One Hundred Thousand Dollars
($100 , 000) of such One Hundred Fifty Thousand Dollars
($150 , 000) within thirty (30) days of the execution of this
Agreement . The CITY shall pay to the CONSULTANT the
remaining Fifty Thousand Dollars ($50, 000) of such One
Hundred Fifty Thousand Dollars ($150, 000) in quarterly
installments over the remaining term of this Agreement .
CONSULTANT shall submit invoices in a format approved by
the CITY. Progress reports will be included with all
payment requests . The CONSULTANT shall permit the CITY to
inspect and audit all data and records of the CONSULTANT
for work done and expenses incurred pursuant to this
Agreement . The CONSULTANT shall make such data and records
available at reasonable times during the Agreement period
and for a year after termination of this Agreement .
4 . RIGHTS AND RESULTS OF SUBJECT SERVICES
The results of CONSULTANT Subject Services under this
Agreement shall be the exclusive property of the CITY. All
documents (including, . without limitation, all notes,
writings, reports, pictures, recordings, computer or
machine readable data, and all copies of reproductions
thereof) which describe or relate to the Subject Services
performed pursuant to this Agreement or the results thereof
or other information received or generated in the
performance of this Agreement shall be the exclusive
property of the CITY and shall be delivered to the CITY
upon request (except for one copy, which may be retained by
CONSULTANT for its confidential files) . To the extent
reasonably practicable and permitted by law, the identities
of any employees or subcontractors utilized by the
CONSULTANT shall be kept strictly confidential by the CITY.
No articles, papers, treatises, or other presentations
related to or in any way based upon or associated with the
Subject Services performed pursuant to this Agreement shall
be presented or submitted for publication without the prior
written consent of the CITY . Notwithstanding the
foregoing, it is agreed that the CONSULTANT may utilize the
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writings, reports, pictures, recordings, or other
information obtained pursuant to this Agreement for reports
to its membership or in any reports to any state or federal
agency.
5 . OTHER AGREEMENTS
CONSULTANT warrants that it is not a party to any other
existing or previous agreement which would prevent
CONSULTANT from entering into this Agreement or which would
adversely affect CONSULTANT' s ability to perform the
Subject Services under this Agreement . During the term of
this Agreement, CONSULTANT shall not, without the prior
written consent of the CITY, perform services for any
persons, firm or corporation other than the CITY if such
services could foreseeably lead to a conflict with
CONSULTANT' s obligations under this Agreement .
6 . NONAPPROPRIATION
Expenditures not appropriate in the current fiscal year
budget are deemed to be contingent liabilities only and are
subject to appropriation in subsequent fiscal year budgets .
In no event shall the CITY be liability to CONSULTANT for
any amount in excess of the current appropriated amount .
7 . BREACH OF CONTRACT
If either party violates or breaches any material term of
this Agreement such violation or breach shall be deemed to
constitute a default and the other party shall have the
right to seek such administrative, contractual, equitable
or legal remedies as may be suitable to such violation or
breach. In addition, if either party, by reason of any
default, fails within ten (10) days after written notice
thereof by the other party to comply with the conditions of
this Agreement, the other party may terminate this
Agreement .
8 . STANDARDS OF PERFORMANCE
CONSULTANT agrees to devote such time, attention, skill and
knowledge as is necessary to perform the Subject Services
effectively and efficiently. CONSULTANT acknowledges and
accepts a relationship of trust and confidence with the
CITY and agrees to cooperate with the CITY in performing
the Subject Services to further the interests of the CITY.
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9 . REPRESENTATIONS AND WARRANTIES OF CONSULTANT
CONSULTANT represents and warrants that the following shall
be true and correct as of the effective date of this
Agreement and shall continue to be true and correct during
the term of this Agreement :
A. Any service required to be performed by professionals
shall be performed by professionals licensed to
practice by the State of Illinois in the applicable
professional discipline .
B. CONSULTANT is and shall remain in compliance with all
local, state and federal laws, City of Elgin
ordinances, and regulations relating to this Agreement
and the performance of the Subject Services .
CONSULTANT is and shall remain in compliance with all
CITY policies and rules, including, but not limited
to, criminal background checks .
C . CONSULTANT is not in default and has not been deemed
by the CITY to be in default under any other agreement
with the CITY during the five (5) year period
immediately preceding the effective date of this
Agreement .
D. In the event the CONSULTANT is anything other than a
sole proprietorship, CONSULTANT represents that it has
taken all action necessary for the approval and
execution of this Agreement, and execution by the
persons signing on behalf of CONSULTANT is duly
authorized by CONSULTANT and has been made with
complete and full authority to commit CONSULTANT to
all terms and conditions of this Agreement which shall
constitute valid and binding obligations of
CONSULTANT.
E. No payment , gratuity or offer of employment, except as
permitted by the Illinois State Gift Ban Act, was made
by or to CONSULTANT in relation to this Agreement or
as an inducement for award of this Agreement .
10 . INDEPENDENT CONTRACTOR
It is understood and agreed that the relationship of
CONSULTANT to the CITY is and shall continue to be that of
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an independent contractor and neither the CONSULTANT nor
any of CONSULTANT' s employees shall be entitled to receive
CITY employee benefits . As an independent contractor,
CONSULTANT agrees to be responsible for the payment of all
taxes and withholdings specified by law, which may be due
in regard to compensation paid by the CITY. CONSULTANT
agrees that neither CONSULTANT nor its employees, staff or
subcontractors shall represent themselves as employees or
agents of the CITY. CONSULTANT hereby represents that
CONSULTANT' s valid taxpayer identification number as
defined by the United States Internal Revenue Code (Social
Security Number or Federal Employer Identification Number)
is 23-7036081 .
11 . POLITICAL ACTIVITY
No portion of any funds paid by the CITY to the CONSULTANT
pursuant to this Agreement shall be used for any partisan
political activity to further the election or defeat of any
candidate for public offices . All employees of CONSULTANT
shall observe the limitations on political activities to
which they may be subject under the Hatch Act (5 USC 1501,
et seq. ) (18 USC 595) .
12 . WAIVER
No delay or omission by the CITY to exercise any right
hereunder shall be construed as a waiver of any such right
and the CITY reserves the right to exercise any such right
from time to time as often as may be deemed expedient .
13 . INDEMNIFICATION
To the fullest extent permitted by law, CONSULTANT agrees
to and shall indemnify, defend and hold harmless the CITY,
its officials, officers, employees, agents, attorneys,
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 the CONSULTANT in
connection herewith, including negligence or omissions of
employees or agents of the CONSULTANT arising out of the
performance of this Agreement . In the event of any action
against the CITY, its officers, officials, employees,
agents, attorneys, boards or commissions, covered by the
foregoing duty to indemnify, defend and hold harmless such
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action shall be defended by legal counsel of the CITY' s
choosing.
14 . NO PERSONAL LIABILITY
No official, director, officer, agent or employee of the
CITY 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 .
15 . INSURANCE
A. Comprehensive Liability. The CONSULTANT shall
provide, pay for and maintain in effect, during the
term of this Agreement, a policy of comprehensive
general liability insurance with limits of at least
$1, 000 , 000 aggregate for bodily injury and $1, 000, 000
aggregate for property damage .
The CONSULTANT shall deliver to the CITY a
Certification of Insurance naming the CITY as
additional insured. The policy shall not be modified
or terminated without thirty (30) days prior written
notice to the CITY.
The Certificate of Insurance which shall include
Contractual obligation assumed by the CONSULTANT under
Section 13 entitled "Indemnification" shall be
provided.
This insurance shall apply as primary insurance with
respect to any other insurance or self-insurance
programs afforded to the CITY. There shall be no
endorsement or modification of this insurance to make
it excess over other available insurance,
alternatively, if the insurance states that it is
excess or prorate, it shall be endorsed to be primary
with respect to the CITY.
B. Comprehensive Automobile Liability. Comprehensive
Automobile Liability Insurance covering all owned,
non-owned and hired motor vehicles with limits of not
less than $500 , 000 per occurrence for damage to
property.
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C. Combined Single Limit Policy. The requirements for
insurance coverage for the general liability and auto
exposures may be met with a combined single limit of
$1 , 000 , 000 per occurrence subject to a $1, 000, 000
aggregate .
16 . 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
CITY.
17 . 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 CITY, which
consent may be withheld in the sole discretion of the CITY.
18 . DELEGATIONS AND SUBCONTRACTORS
Any assignment, delegation or subcontracting shall be
subject to all the terms, conditions and other provisions
of this Agreement and the CONSULTANT shall remain liable to
the CITY with respect to each and every item, condition and
other provision hereof to the same extent that the
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CONSULTANT would have been obligated if it had done the
work itself and no assignment, delegation or subcontract
had been made . Any proposed subcontractor shall require
the CITY' s advanced written approval, which approval may be
withheld in the sole discretion of the CITY.
19 . 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 .
20 . 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 .
21 . 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 .
22 . ENTIRE AGREEMENT; 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 representations or warranties shall be
binding upon the other party unless expressed in writing
herein or in a duly executed written amendment hereto, as
herein provided.
23 . 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
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the enforcement of any rights pursuant to this Agreement
shall be in the Circuit Court of Kane County, Illinois .
24 . NEWS RELEASES AND PUBLIC STATEMENTS
The CONSULTANT shall not issue any press releases or public
statements about this Agreement or any actions or results
of services undertaken pursuant to this Agreement without
the prior written approval of the CITY.
25 . COOPERATION WITH THE CITY
The CONSULTANT, its employees and/or agents shall not file,
encourage or participate in the filing of any legal and/or
administrative claims or complaints against the CITY
(except to enforce the terms of this Agreement or the
settlement agreement between the CONSULTANT and the CITY
dated August 19, 2002) . The CONSULTANT, its employees
and/or agents shall also not conduct any investigations
and/or testing with respect to the CITY without the prior
written consent of the CITY. The CONSULTANT, its employees
and/or agents shall also not take any action or make any
statement that is intended to disparage the CITY in any
manner. . Nothing in this paragraph will prohibit the
CONSULTANT from providing information to persons on their
rights under the Fair Housing Act .
26 . CONFIDENTIALITY AND OWNERSHIP OF DOCUMENTS
In the performance of the Subject Services CONSULTANT may
have access to certain information that is not generally
known to others ("Confidential Information" ) . CONSULTANT
agrees not to use or disclose to any third party, except in
the performance of the Subject Services, any Confidential
Information or any records, reports or documents prepared
or generated as a result of this Agreement without the
prior written consent of the CITY. CONSULTANT shall not
issue publicity news releases or grant press interviews,
except as may be required by law, during or after the
performance of the Subject Services, nor shall CONSULTANT
disseminate any information regarding the Subject Services
without the prior written consent of the CITY. CONSULTANT
agrees to cause its personnel , staff and/or subcontractors,
if any, to undertaken the same obligations of
confidentiality agreed to by CONSULTANT under this
Agreement . The terms of this paragraph shall survive the
expiration or termination of this Agreement .
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27 . COOPERATION WITH OTHER CONSULTANTS
The CONSULTANT shall cooperate with any other consultants
in the CITY' s employ or any work associated with the
Subject Services .
28 . INTERFERENCE WITH PUBLIC CONTRACTING
The CONSULTANT 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.
29 . SEXUAL HARASSMENT
As a condition of this contract, the CONSULTANT shall have
written sexual harassment policies that include, at a
minimum, the following information:
A. the illegality of sexual harassment ;
B. the definition of sexual harassment under state law;
C. a description of sexual harassment, utilizing
examples;
D. the vendor' s internal complaint process including
penalties;
E. the legal recourse, investigative and complaint
process available through the Illinois Department of
Human Rights, and the Illinois Human Rights
Commission;
F. directions on how to contact the department and
commission;
G. protection against retaliation as provided by
Section 6-101 of the Human Rights Act .
A copy of the policies must be provided to the Department
of Human Rights upon request (775 ILCS 5/2-105) .
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30 . WRITTEN COMMUNICATIONS
All recommendations and other communications by the
CONSULTANT to the CITY and to other participants which may
affect cost or time of completion, shall be made or
confirmed in writing. The CITY may also require other
recommendations and communications by the CONSULTANT be
made or confirmed in writing.
31 . 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:
Mark Biernacki
Community Development Manager
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
With a Copy to:
William A. Cogley
Corporation Counsel
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
B. As to CONSULTANT:
HOPE Fair Housing Center
2100 Manchester Road, Suite 1070
Building B
Wheaton, Illinois 60187
Attention: Bernard J. Kleina, Executive Director
32 . QUARTERLY REPORTS
CONSULTANT agrees to provide the CITY Quarterly Reports
regarding the services provided pursuant to this Agreement .
Such Quarterly Reports shall include the demographic
characteristics of the households served pursuant to this
Agreement including, but not limited to, data on such items
as family size, annual household income, race, national
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origin, ethnicity and whether the head of a household is
female. A sample Quarterly Progress Report Form and
Clientele Data Form utilized by the CITY in conjunction
with the City' s Community Development Block Grant Program
is attached hereto as Exhibit B.
33. USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND
COMPLIANCE WITH REGULATIONS
It is agreed and understood between the parties that to the
extent permitted by applicable regulations the CITY intends
to use Community Development Block Grant funds to pay the
CONSULTANT for the services to be provided pursuant to this
Agreement. CONSULTANT agrees to and shall follow such
procedures and complete such documentation and perform such
other fair housing services as are reasonably required so
as to allow the CITY to use Community Development Block
Grant funds to pay CONSULTANT under this Agreement. To the
extent required by applicable Community Development Block
Grant regulations, CONSULTANT agrees that not less than
fifty-one percent (510) of the persons or clients served by
the services to be provided by the CONSULTANT pursuant to
this Agreement shall be of households with either extremely
low, very low or low annual incomes as defined by the
United States Department of Housing and Urban Development
and the Community Development Block Grant Regulations.
IN WITNESS WHEREOF, the parties hereto have entered into and
executed this Agreement on the date and year first written
above.
CITY OF ELGIN HOPE Fair Housing Center
By By
Ed Sch 6c k 'Bernard J. Kleina
Mayor Executive Director
Attest:
City Clerk
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EXHIBIT A
SCOPE OF SERVICES : HOPE Fair Housing Center will provide up to
400 hours of consultation services during
the term of the Agreement for any and all of
the below-listed services, as directed by
the City or as mutually agreed upon by the
City and HOPE. Any excess time shall
require a prior written amendment to the
Agreement and separate invoice .
PROJECT OBJECTIVES :
There are several overall objectives of the services performed
by Consultant pursuant to this Agreement . These objectives are:
1 . To provide fair housing education and training to targeted
constituent groups within the City.
2 . To provide fair housing counseling to targeted constituency
groups within the City.
3 . To review and assist the City in overcoming barriers to
fair housing identified in the City' s Analysis of
Impediments .
4 . As pre-approved by City, any and all activities undertaken
in accordance with 24 CFR 570 .206 (c) in the "provision of
fair housing services designed to further the fair housing
objectives of the Fair Housing Act (42 U. S .C. 3601-20) by
making all persons, without regard to race, color,
religion, sex, national origin, familial status or
handicap, aware of the range of housing opportunities
available to them; other fair housing enforcement,
education, and outreach activities; and other activities
designed to further the housing objective of avoiding undue
concentrations of assisted persons in areas containing a
high proportion of low and moderate income persons . "
5 . To open the doors to new and existing rental opportunities
to all protected individuals and families, especially
African-American and Latino families and individuals, and
persons with disabilities through working with the other
established agencies in City and through fair housing
advocacy and enforcement .
6 . To assist the City with outreach and public education to
minority groups with respect to the provisions and
enforcement of the City' s Property Maintenance Code and
related building codes, including, but not limited to,
occupancy regulations .
F:\Legal Dept\Agreement\HOPE Fair Housing Center.doc
CDBG Program: Quarterly Progress Report
June, July, August 2001
Name of CDBG project:
Program year funded:
Project budget:
Funds remaining in project budget to date:
Summary of Progress
Progress achieved on project during this quarter:
Service Provision
Description of services provided by your agency/organization:
EXHIBIT B
Clientele Data
Please provide the following information on the clientele you serve.
Data is from the following time-period (Please specify dates):
1) Total number of clients served:
Data is: Duplicated Unduplicated
2) Number of female-headed households served:
3) Client household income and size based on the following income limits. Please provide the number of clients in each income range.
Household Size
1 person 2 person 3 person 4 person 5 person 6 person 7 person 8 person Total
Income Level
Ext. Low: 14800 16900 19050 21150 22850 24550 26250 27900
Very Low 24700 28200 31750 35250 38050 40900 43700 46550
Low 36750 42000 47250 52500 56700 60900 65100 69300
4) Client race or ethnicity.
White
Black
Hispanic
Asian/Pacific Islander
Indian/Alaskan
Total Clients (See item #1)
5) Please describe the method used to collect the client data:
Agenda Item No.
K
City of Elgin
November 15, 2002
NEIGHBORHOOD VITALITY
TO: Mayor and Members of the City Council
FROM: Olufemi Folarin, Interim City Manager
SUBJECT: Fair Housing Services Agreement Between the City of
Elgin and the HOPE Fair Housing Center
PURPOSE
The purpose of this memorandum is to present to the Mayor and
members of the City Council a proposed agreement with the HOPE
Fair Housing Center for fair housing services .
BACKGROUND
The United States Department of Justice, United States
Department of Housing and Redevelopment, the HOPE Fair Housing
Center, certain individual complainants and the City of Elgin
entered into a Settlement Agreement dated August 19, 2002 .
Section 14 of the Settlement Agreement provides for the city and
HOPE to enter into a contract for HOPE to provide Fair Housing
Services for the city. The city is to select the specific
activities to be undertaken by HOPE from among specified
activities including fair housing education, fair housing
testing, housing counseling, activities to overcome barriers to
housing identified in the city' s Analysis of Impediments, or
other activities subsequently mutually agreed upon by the city
and HOPE.
The contract is to consist of four one year contracts to be
entered into in each of the next four years . The agreement for
the first year is to be in the amount of $150, 000 with $100, 000
to be paid within thirty (30) days of the execution of such
agreement and $50, 000 to be paid over the remaining one year
Agreement with the HOPE Fair Housing Center
November 15, 2002
Page 2
term. The one year contracts for the second, third and fourth
years will each be in the amount of $50, 000 to be paid
throughout each of such one year contract terms . To the extent
permitted by applicable regulations, the city may use Community
Development Block Grant (CDBG) funds to pay for such agreements
with HOPE. HOPE is required to follow such procedures and
complete such documentation and perform such other fair housing
services as are reasonably required so as to allow the city to
use CDBG funds to pay for such contracts with HOPE to the extent
permitted by applicable regulations . Such procedures and
documentations are to include, but not be limited to, HOPE
completing and timely submitting to the city annual CDBG program
applications requesting $50, 000 is program funds from the city' s
annual CDBG grant program for fair housing services for
contracts between the city and HOPE. HOPE is required to submit
such annual CDBG program applications to the city commencing
with the 2003-2004 City of Elgin CDBG grant program year.
Attached is a proposed agreement between the city and the HOPE
Fair Housing Center for the first of the four one year contracts
required to be entered into pursuant to the August 19, 2002
Settlement Agreement . The term of the agreement is until
May 31, 2003 , so as to thereafter coordinate the one year
contracts with HOPE with the city' s CDBG program year of June 1
through May 31 . Pursuant to the Settlement Agreement the first
contract is in the amount of $150, 000 . The scope of services
for the agreement include the following activities as directed
by the city or as mutually agreed upon by the city and HOPE:
1 . To provide fair housing education and training to targeted
constituent groups within the City.
2 . To provide fair housing counseling to targeted constituency
groups within the City.
3 . To review and assist the City in overcoming barriers to
fair housing identified in the City' s Analysis of
Impediments .
4 . As pre-approved by City, any and all activities undertaken
in accordance with 24 CFR 570 . 206 (c) in the "provision of
fair housing services designed to further the fair housing
objectives of the Fair Housing Act (42 U. S .C. 3601-20) by
Agreement with the HOPE Fair Housing Center
November 15, 2002
Page 3
making all persons, without regard to race, color,
religion, sex, national origin, familial status or
handicap, aware of the range of housing opportunities
available to them; other fair housing enforcement ,
education, and outreach activities; and other activities
designed to further the housing objective of avoiding undue
concentrations of assisted persons in areas containing a
high proportion of low and moderate income persons . "
5 . To open the doors to new and existing rental opportunities
to all protected individuals and families, especially
African-American and Latino families and individuals, and
persons with disabilities through working with the other
established agencies in City and through fair housing
advocacy and enforcement .
6 . To assist the City with outreach and public education to
minority groups with respect to the provisions and
enforcement of the City' s Property Maintenance Code and
related building codes, including, but not limited to,
occupancy regulations .
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None .
FINANCIAL IMPACT
The total cost of the proposed four (4) year agreement with HOPE
Fair Housing Center will equal $300, 000 . The initial year' s
contract will total $150, 000 and be charged to the Risk
Management Fund, Contingency, Account number 630-0000-796 . 84-03 .
There are sufficient funds available to pay for the initial year
of the agreement . The remaining three (3) years of the
agreement ($50, 000/year for a total of $150, 000) may be funded
under the Community Development Block Grant program and will
need to be included in future budgets .
LEGAL IMPACT
The gro osed agreement between the city and the HOPE Fair
P P
Housing Center is required as part of the August 19, 2002
rk
Agreement with the HOPE Fair Housing Center
November 15, 2002
Page 4
Settlement Agreement . The proposed agreement also requires an
exception to the procurement ordinance.
ALTERNATIVES
The city has previously agreed to enter into the proposed
agreement as part of the August 19, 2002 Settlement Agreement .
Approval of the proposed agreement is therefore the only viable
alternative.
RECOMMENDATION
It is recommended that the City Council approve entering into
the proposed agreement for fair housing services with the HOPE
Fair Housing Center.
Respectfully submitted,
v
Olu emi Fo 'in
Interi it Man er
WAC/nr
Attachment