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HomeMy WebLinkAbout04-141 Resolution No. 04-141 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ROZNY &ASSOCIATES, INC. FOR THE HOME CONSORTIUM FIVE YEAR CONSOLIDATED PLAN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that David M.Dorgan,City Manager,and Dolonna Mecum,City Clerk,be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Rozny&Associates,Inc.for the preparation of the HOME Consortium Five Year Consolidated Plan, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: May 26, 2004 Adopted: May 26, 2004 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT THIS AGREEMENT, made and entered into this 10TH day of JUNE , 2004, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as the "City"), KANE COUNTY, a body corporate and politic(hereinafter referred to as "County"), and ROZNY & ASSOCIATES, INC., a Michigan corporation(hereinafter referred to as the"Consultant"). WHEREAS, the CITY and COUNTY have determined it to be in their best interests to obtain the assistance of a consultant for the compilation and analyses of data, development of strategic objectives, prioritization of projects and programs,and preparation of the final 2005-2009 Consolidated Plan for the City of Elgin and Kane County. WHEREAS, the U.S. Department of Housing and Urban Development requires jurisdictions to establish one Consolidated Plan when forming of a HOME Consortium. WHEREAS,the CONSULTANT is experienced in all aspects of the Consolidated Plan process and desires to render consulting services to the CITY and COUNTY. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the receipt and sufficiency of which is hereby acknowledged,the parties hereto hereby agree as follows: 1. SCOPE OF SERVICES CONSULTANT shall perform the tasks outlined in Attachment A, "Project Scope and Schedule" (hereinafter referred to as the"PROJECT"). 2. TIME SCHEDULE CONSULTANT shall begin work on the PROJECT immediately upon execution of this Agreement and shall complete the various phases of the PROJECT according to the schedule established in Attachment A. 3. WORK PRODUCTS All work products prepared by the CONSULTANT pursuant hereto including, but not limited to, reports, studies, plans, and recommendations shall be the property of the CITY and COUNTY and shall be delivered to the CITY and COUNTY, in both hard and electronic format,upon request of the coordinators for the CITY and the COUNTY identified in Section 26 hereof, however, that the CONSULTANT may retain copies of such work products for its records. 4. PAYMENTS TO THE CONSULTANT A. The CITY and COUNTY shall make periodic payments to the CONSULTANT for services provided under this Agreement according the budget established in Attachment B, "Project Budget." The payments made to the CONSULTANT for each phase of the PROJECT identified in Attachment B shall not exceed the amounts budgeted for those phases. The CITY and COUNTY shall each withhold five percent (5%) of the amount budgeted for each phase of the PROJECT—for a total of ten percent(10%)withheld—until the CONSULTANT completes each phase and it is accepted by the CITY and COUNTY. B. Each invoice submitted by the CONSULTANT and approved for payment by the CITY and COUNTY shall each paid in the following manner: Fifty percent (50%) paid by the CITY and fifty percent(50%)paid by the COUNTY. 1 • C. The total of all payments made by the CITY and COUNTY to the CONSULTANT for services provided under this Agreement shall not exceed $36,000.00, unless modifications to the PROJECT are authorized in writing by the CITY and COUNTY by way of written amendment to this Agreement. D. Additional services provided by the CONSULTANT beyond the PROJECT require prior written approval of the CITY and COUNTY and shall be compensated according to terms agreed upon in such written approval. 5. INVOICES A. The CONSULTANT shall submit invoices not more often than monthly in a format approved by the CITY and COUNTY. B. The CONSULTANT shall maintain records showing actual time devoted to and expenses incurred for completion of the PROJECT. The CONSULTANT shall permit representatives of the CITY and COUNTY to inspect and audit all data and records of the CONSULTANT for work performed under this Agreement. The CONSULTANT shall make these records available at reasonable times during the term of this Agreement,and for a period of one year following termination of this Agreement. 6. TERMINATION OF AGREEMENT Notwithstanding any other provision hereof, the CITY or the COUNTY may terminate this Agreement at any time upon fifteen (15) days prior written notice to the CONSULTANT. In the event that this Agreement is so terminated, the CONSULTANT shall be paid for services provided prior to termination, consistent with the terms set forth under Article 4. 7. TERM This Agreement shall become effective as of the date first written above and,unless terminated for cause or pursuant to Article 6, shall be deemed concluded on the date the CITY and COUNTY determine that the PROJECT is completed. A determination of completion shall not constitute a waiver of any rights or claims the CITY and COUNTY may have or thereafter acquire with respect to any term or provision of the Agreement. 8. NOTICE OF CLAIM If the CONSULTANT wishes to make a claim for additional compensation as a result of action taken by the CITY or COUNTY, the CONSULTANT shall give written notice of his claim to the CITY and the COUNTY within fifteen(15) days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in the CONSULTANT's fee shall be valid only to the extent that the CITY and COUNTY and the CONSULTANT agree to such changes in writing. Regardless of the decision of the CITY and COUNTY relative to a claim submitted by the CONSULTANT, all work required under this Agreement, as determined by the CITY and COUNTY, shall proceed without interruption. 9. 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 parties have the right to seek such administrative, contractual or legal remedies as may be suitable to the violation or breach; and, in addition, if any party, by reason of any default, fails within fifteen(15)days after notice thereof by another party to comply with the conditions of the Agreement,the party having provided such notice may terminate this Agreement. 2 10. INDEMNIFICATION To the fullest extent permitted by law, CONSULTANT agrees to and shall indemnify, defend and hold harmless the CITY and COUNTY, their officials, 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 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 or COUNTY, its 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 the CITY's choosing and COUNTY's choosing. The City and the County shall each be entitled to their own counsel. The provisions of this paragraph shall survive the completion and any termination and/or expiration of this agreement. 11. NO PERSONAL LIABILITY No official, director, officer, agent or employee of the CITY 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. 12. 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 written in occurrence form 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 COORDINATORS a Certificate of Insurance naming the CITY and COUNTY as additional insureds. The policy shall not be modified or terminated without thirty(30)days prior written notice to the COORDINATORS. The Certificate of Insurance shall include contractual obligation assumed by the CONSULTANT under Article 10,entitled"Indemnification." This insurance shall apply as primary insurance with respect to any other insurance or self- insurance programs afforded to the CITY and COUNTY. 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 and COUNTY. B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance written in occurrence form covering all owned, non-owned and hired motor vehicles with limits of not less than$500,000 per occurrence for damage to property. C. Combined Single Limit Policy. The requirements for insurance coverage for the general liability and auto exposures maybe met with a combined single limit of$1,000,000 per occurrence subject to a$1,000,000 aggregate. 13. 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, or the presence of any sensory, mental or physical handicap, unless based 3 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 and COUNTY. 14. 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 should be made without the prior written consent of the CITY and COUNTY. 15. 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 and COUNTY with respect to each and every item, condition and other provision hereof to the same extent that the CONSULTANT would have been obligated if it had done the work itself and no assignment, delegation or subcontract had been made. The use of any proposed subcontractor shall require the CITY's and COUNTY's advanced written approval. 16. 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. 17. 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. 18. 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. 19. 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 parties unless expressed in writing herein or in a duly executed amendment hereof,or change order as herein provided. 20. APPLICABLE LAW This Agreement shall be deemed to have been made in, and shall be construed in accordance with the laws 4 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. 21. NEWS RELEASES The CONSULTANT may not issue any news releases without prior approval from the COORDINATORS, nor will the CONSULTANT make public proposals developed under this Agreement without prior written approval from the COORDINATORS prior to said documentation becoming matters of public record. 22. COOPERATION WITH OTHER CONSULTANTS The CONSULTANT shall cooperate with any other consultants in the CITY's and COUNTY's employ or any work associated with the PROJECT. 23. 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. 24. 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 per 775 ILCS 5/2-105. 25. WRITTEN COMMUNICATIONS All recommendations and other communications by the CONSULTANT to the COORDINATORS and to other participants,which may affect cost or time of completion,shall be made or confirmed in writing. The COORDINATORS may also require other recommendations and communications by the CONSULTANT be made or confirmed in writing. 5 26. 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: Amy Coyne,COORDINATOR City of Elgin 150 Dexter Court Elgin IL 60120-5555 B. As to COUNTY: Scott Berger,COORDINATOR Kane County Development Department 719 Batavia Avenue Geneva IL 60134 C. As to CONSULTANT: Michael Rosny,President Rosny&Associates,Inc. 863 University Place Grosse Pointe MI 48230 6 • 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. For the CITY: Dated this ,)1( aday of'/)(/;,if ,A.D.,2004. ATTEST: THE CITY OF ELGIN B q % By: �,r'eityunta AIf� City Qierk City Manager (SEAL) f Pt-1141 i' 0 For the COUNTY: Dated this 1ST day of JUNE ,A.D.,2004. THE COUNTY OF By: Executive Dir or Kane Coun evelopment Department (SEAL) For the CONSULTANT: Dated this IO`i. day of jA-V.—, ,A.D.,2004. ROZNY&ASSOCIATES,INC. By: AilkddiP i President (SEAL) 7 • • ATTACHMENT A PROJECT SCOPE AND SCHEDULE PHASE ONE Days Required Task Place of Work Work Schedule Initial meeting with County and City staff-sign contract;confirm project requirements 1 Day and expectations;confirm development schedule. Confirm methodology as required by County Offices the Kane—Elgin consortium. Late-April 2004 Begin review of census,housing market,and other pertinent data in order to begin 4 Days framing needs assessment. R&A Offices Early-May 2004 Facilitate neighborhood planning meetings in the eight planning areas identified by the Kane—Elgin consortium(suggested 2 meetings per day),and consult with the Housing Authority of Elgin in order to obtain in-depth citizen input concerning community 5 Days conditions and needs. Planning Districts Housing Authority of Elgin Upon conclusion,meet with consortium staff to identify stakeholder organizations which Late-May 2004 either did not participate,or which could provide additional in-depth observations concerning existing conditions and needs within the community. Conduct individual stakeholder(e.g.County/City staff;real estate,lenders,housing providers,homeless agencies,social service agencies,civil rights and neighborhood organizations,and other key individuals)interviews to obtain information and insights 5 Days regarding housing and community development conditions,needs,and stakeholder Stakeholder Offices expectations. Proposal assumes that interviews will occur on site,but allows for phone R&A Offices inquiries as necessary. Consortium staff to identify stakeholder agencies. Prepare (if necessary) interview transcripts,along with analysis,for review by Consortium. This would be Mid-June 2004 incorporated into Consolidated Planning record,as part of the information gathering process. Time to be adjusted depending on number of stakeholders to be interviewed. Completion Deadline for Phase One June 30,2004 8 PHASE TWO Days Required Task Place of Work Work Schedule Complete review of census,housing market,and other pertinent data to begin 3 Days identification of priority needs recommendations to Kane—Elgin Consortium. Identify R&A Offices gaps and obtain additional information. Provide recommendations to Kane—Elgin Late-June 2004 Consortium for consideration. Prepare first draft of Consolidated Plan,incorporating the consortium's determination of 10 Days housing and community development needs and priorities,data derived from analysis, R&A Offices and citizen's views. E-mail draft(in MS Word)to the consortium for review,not later July 31,2004 than July 31,2004. Review first draft of Consolidated Plan with County and City officials,at City or County 2 Days offices,to ensure common discussion and immediate review of changes to the document, County/City Offices or of actions requiring additional follow up. Mid-August 2004 Prepare second draft of Plan based on comments received from County and City 2 Days Officials. Transmit electronic version of second draft for review by consortium,by R&A Offices August 31,2004. Mid-August 2004 In mid-September,consultant will review second draft of Consolidated Plan to County and City officials,at City or County offices,to make additional necessary changes and modifications. At the same time he will also begin discussion,with County and City officials,of the administrative and programmatic requirements,to start development of application and management policies,procedures,and forms to ensure effective and efficient Program implementation. The consultant will also present the findings of Consolidated Planning research to a joint 5 Days meeting of the CDBG and HOME Commissions at two meetings(one in late-September County/City Offices 2004 and one in late-October 2004). This will result in Commission understanding of Mid-September 2004 through Plan concepts and the basic findings with respect to housing and community development Late-October 2004 needs within the community,and will provide them with sufficient information to accept or modify Plan concepts. Between the Commission meetings,present findings of Consolidated Planning research at two public hearings held in Elgin and Geneva on the same day during a thirty-day comment period. Assist in preparing responses to comments received during the comment period and hearings. Incorporate into the plan any revisions that result from public input. 7 Conduct research and begin drafting policies,procedures and forms. Provide initial ideas 5 days to Kane—Elgin Consortium for review and comment. Final documents to be completed R&A Offices for review at joint CDBG and HOME Commission meeting in late-October. Mid-September 2004 through Late-October 2004 Completion Deadline for Phase Two October 31,2004 9 PHASE THREE Days Required Task Place of Work Work Schedule Once HUD has provided initial funding amounts for the 2005 Program Year,meet with 1 Day Kane—Elgin Consortium staff to begin development of Annual Action Plan,using County/City Offices priority needs established in Consolidated Plan. Late-Fall 2004 Prepare first draft of the AAP. Submit e-version to Kane—Elgin Consortium for review. 5 Days R&AOffices Late-Fall 2004 Meet with Kane—Elgin Consortium staff to review draft AAP. Modify as appropriate. 2 Days County/City Offices Early-Winter 2005 Modify AAP and complete modifications to Consolidated Plan. Transmit e-version to 3 Days Kane—Elgin Consortium for final review. Time to be adjusted based on Consortium R&A Offices needs. January 2005 Prepare Plan summary for citizen notification in newspaper. Transmit e-version to Kane 2 Days —Elgin Consortium to start 30-day citizen review and comment period(tentatively R&A Offices planned for February 7,2005 to March 8,2005),as required by HUD regulations. Early-February 2005 Attend two public hearings(one in Elgin and one in Geneva)to present final drafts of Consolidated and Annual Action Plans to public,and obtain their input before submitting 3 Days for authorization and HUD approval.(Date and locations of hearings to be determined by County/City Offices Consortium.) At the same time... R&A Offices Mid-February 2005 through Review final drafts of Consolidated Plan,AAP with consortium staff,and modify,if Early-March 2005 necessary,based on comments received. Consolidated Plan and AAP to be fmalized and submitted to Kane—Elgin Consortium by 1 Day March 14,2005.Publish and present to Kane—Elgin consortium(if desired)up to 20 R&A Offices printed and bound copies,plus two e-versions(in MS Word)of Consolidated Plan not • March 14,2005 later than March 14,2005. Although not expected to occur,consultant will revise the Consolidated Plan and/or (Not Anticipated) Annual Action Plan based on HUD review comments,if based on consultant error. Completion Deadline for Phase Three March 14,2005 10 ATTACHMENT B PROJECT BUDGET Phase Fee One $14,400.00 Two $14,400.00 Three $7,200.00 GRAND TOTAL $36,000.00 11 POW Agenda Item No. City of Elgin g Eoto E E ' ; �L I L G { May 21, 2004 N NEIGHBORHOOD VITALITY TO: Mayor and Members of the City Council FROM: David M. Dorgan, City Manager 9 Amy Coyne, CDBG Program Co+rdinator SUBJECT: Contract Award for Consultant Services to Prepare the Kane County HOME Consortium 2005-2009 Consolidated PIan PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider an award for consultant services to Rozny & Associates, Inc. to prepare eft, the HOME Consortium's 2005-2009 Consolidated Plan. RECOMMENTATION It is recommended that the City Council award a professional services contract to Rozny & Associates for a cost not to exceed $36,000. BACKGROUND On January 14, 2004, the Committee of the Whole authorized staff to begin the process of forming a HOME Consortium with Kane County. As part of the process in forming a consortium, the U.S. Department of Housing and Urban Development requires the participating jurisdictions (Kane County and the City of Elgin) to complete a single Five Year Consolidated Plan identifying the housing and community development needs for both jurisdictions. The Consolidated Plan will outline community needs, priorities, and resources and also presents the range of HOME activities and other jurisdictional initiatives that will be undertaken during the five year timeframe to meet the HOME Consortium's community needs. In order for Kane County and the City of Elgin to comply with HUD requirements, the Consolidated Plan must contain the following components; • Housing and Homeless Needs Assessment • Housing Market Analysis • Five-year Strategic Plan • Action Plan for Program Year 2005 1 Y elik HOME Program May 21, 2004 Page 2 The City of Elgin will still be responsible for submitting a yearly Updated Action Plan covering the City's Community Development Block Grant (CDBG) entitlement. This yearly plan is completed by the Planning and Neighborhood Services staff. The City of Elgin, along with Kane County, requires assistance to prepare this document to adequately reflect the jurisdictions' challenges, priorities and long term initiatives. In order to meet the April 15, 2005 deadline, the services of a consultant are requested. The consultant's scope of work includes the compilation and analysis of data, identification of strategic objectives,prioritization of project and program initiatives, and the preparation of the final 2005- 2009 Consolidated Plan document. A Request for Proposals was distributed and published in the Courier News on February 12, 2004. Two responses were received by March 1, 2004. The proposals were reviewed in terms of the firm's experience on similar projects, demonstrated ability to work with government officials and cost of services. Of the two firms that submitted proposals, Rozny & Associates, Inc. is recommended for the contract. References were checked for the firm and were found to be satisfactory. Consolidated Plans that were previously prepared by this firm have been approved by HUD. eilk Rozny & Associates, Inc. proposal came in at $36,000.00. The City of Elgin and Kane County will each pay half the cost of the consultant services. Therefore, the City of Elgin's portion will total $18,000.00. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. Ottk_____ FINANCIAL IMPACT The City's total obligation for the proposed agreement is $18,000. Sufficient funds are budgeted ($57,000) and available ($57,000) in the Riverboat Fund, Miscellaneous Professional Services, account number 275-0000-791.30-99,project number 039578. EGAL IMPACT None. HOME Program May 21, 2004 Page 3 ALTERNATIVES 1. Award as recommended. 2. Award to the other firm. 3. Reject all proposals and rebid the project. Respectfully submitted for Council consideration. AC Attachment