Loading...
HomeMy WebLinkAbout04-137 Resolution No. 04-137 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH NEIGHBORHOOD HOUSING SERVICES OF ELGIN, INC. FOR OPERATIONAL SUPPORT 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 a Purchase of Service Agreement on behalf of the City of Elgin with Neighborhood Housing Services of Elgin, Inc. for operational support, 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 PURCHASE OF SERVICE AGREEMENT NEIGHBORHOOD HOUSING SERVICES OF ELGIN,INC. AND THE CITY OF ELGIN THIS AGREEMENT is made and entered into this 17 day of MF { 2004, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City"), and Neighborhood Housing Services of Elgin, Inc., an Illinois not- for-profit corporation (hereinafter referred to as "NHS"). WHEREAS, City is committed to the revitalization and strengthening of all neighborhoods in Elgin; and WHEREAS, NHS is incorporated to provide revitalization assistance within the city limits; and WHEREAS, City and NHS wish to work cooperatively to assist neighborhoods throughout Elgin,particularly older established neighborhoods which are under stress. 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: 1. NHS shall designate the Elgin Community Network, a citizen-based non- profit group of neighborhood organizations (hereinafter referred to as "ECN"), to conduct neighborhood organizing and outreach activities for NHS. Activities shall be as defined by the Collaboration and Service Agreement. NHS shall assist ECN by sharing expertise, knowledge and resources in community organizing available through Neighborhood Reinvestment Corporation (hereinafter referred to as "NRC"). NHS is a chartered member of NRC, a congressionally chartered not-for-profit organization that provides training, technical support and grants to local neighborhood housing services. 2. NHS shall encourage home ownership, sound property maintenance and housing rehabilitation for the betterment of Elgin's neighborhoods through outreach efforts and programs such as the First-Time Homebuyer's Down-payment Assistance Program and Revolving Loan Fund/Rehabilitation Loan Program. 3. NHS shall maintain the NHS Paint/Tool Lending Library, providing materials and supplies for home maintenance and improvement. 4. NHS shall actively seek to develop minority involvement in NHS activities and in the community through outreach, including targeted communications to organizations representing the minority population. 5. The NHS Board shall meet at least monthly. 6. All property, whether real or otherwise, under NHS ownership or control shall be in compliance with all applicable City codes and ordinances, and all other applicable law. 7. No real property shall be conveyed by NHS to a third party unless it has been inspected by the Department of Code Administration and Development Services of the City within the past thirty (30) days and has been found by the City to be in compliance with all applicable ordinances and grant program regulations. In the event that the real property is found not to be in compliance with the applicable provisions of the Property Maintenance Code (Chapter 16.12 of the Elgin Municipal Code, 1976, as amended) and such property meets the minimum standards of habitability, such property may be conveyed and occupied if a written time schedule setting forth completion dates for all necessary repairs or modifications is filed with and approved by the Department of Code Administration and Development Services after being approved in writing by the authorized representatives of NHS and purchasers of such property. 8. City shall pay NHS a total sum of Fifty Four Thousand Dollars and no/100ths ($54,000.00), in two equal installments of$27,000.00, the first of which shall be provided within thirty days of the execution of this agreement and upon receipt of written assurances acceptable to the City by an independent auditor that financial statements fairly present the financial position of NHS and that NHS is compliant with all its bylaws, all applicable law, and standard accounting and business practices. In addition, an independent auditor shall attest that written policies and practices are in place and have been followed to assure internal controls exist for the proper accounting and disbursement of operating expenditures and grant funds; to include but not limited to, Board review and approval of all invoices prior to payment, two (2) signatures on each disbursement check, and Board approval of monthly financial statements (balance sheet, revenue and expense reports, etc.). The second payment shall be paid on or before July 1, 2004 and upon receipt of all required reports as stipulated in this agreement. 9. NHS shall provide a budget to the City which shall reflect the projected distribution of funds received from the City during the term of this agreement. The budget shall be submitted to the City Manager's Office prior to receipt of City funds. 10. Purchase of Service Agreement funds received from the City shall be used only for general operating purposes, including but not limited to utility payments, staff salaries and for those activities expressly set forth in this agreement. 11. Purchase of Service Agreement funds received from the City shall be deposited in a general purpose account but not commingled with funds restricted for special purposes. 12. NHS shall provide two written performance reports detailing the disbursement of the $54,000.00 provided for herein. These reports shall be provided to the City by May 31, 2004, and December 31, 2004 and shall include a description of all activity funded. These reports shall be submitted to the City Manager's Office, City Hall, 150 Dexter Court, Elgin, Illinois 60120, to the attention of the Management Analyst. 13. NHS shall provide City with financial statements relative to the organization's total operations. These statements shall be provided by July 31, 2004 and December 31, 2004. These reports shall be submitted to the City Manager's Office, City Hall, 150 Dexter Court, Elgin, Illinois 60120, to the attention of the Management Analyst. 14. City shall not be required to make any payment to NHS unless City has been provided with reasonable evidence of compliance with the terms of this agreement by NHS. Such evidence shall include, but not be limited to, receipts and other evidence of expenses incurred. 15. NHS shall not provide any funds derived from City pursuant to this agreement to any director, employee, volunteer or agent of NHS for any personal benefit. 16. This agreement shall not be deemed or construed to create an employment, joint venture, partnership or other agency relationship between the parties hereto. 17. To the fullest extent permitted by law, NHS agrees to indemnify, defend and hold harmless the City, its officers, employees, boards and commissions from and against any and all claims, suits,judgments, costs, attorney's fees, damages or other relief arising out of or resulting from or through or alleged to arise out of any reckless negligent acts or omissions of NHS or its officers, employees or agents in the performance of this agreement. In the event of any actions against the City, 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. The provisions of this paragraph shall survive any termination and/or expiration of this agreement. 18. Unless otherwise terminated as provided herein, this agreement shall terminate on December 31, 2004. 19. Either party hereto may terminate this agreement upon thirty (30) days written notice for any or no reason. 20. In the event this agreement is terminated or in the event the program for which the City funds provided herein are to be applied is discontinued or NHS ceases its operations prior to December 31, 2004, NHS shall refund to the City on a pro rata per diem basis the funds paid hereunder for the portion of the year remaining after any such termination or for the portion of the year such programs or NHS operations were not conducted. 21. The terms of this agreement shall be severable. In the event that any of the terms or provisions of this agreement are found to be void or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect. 22. This agreement shall be subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this agreement shall be in the Circuit Court of Kane County, Illinois. CITY OF ELGIN N GHB• ' OOD OUS 1 G SERVICES OrtiLGF, INC. By 1�cy�a : ' *II ` . I �. avid Dorgan Jo W. Roberson City Manager :oard President Attest: Ae-W4"--- Dolonna Mecum, City Clerk • <ci OF Et C Ity of Elgin Agenda Item No. E May 7, 2004 L G '* TO: Mayor and Members of the City Council N FROM: David M. Dorgan, City Manager`�e�11'/``.(X- „ NEIGHBORHOOD VITALITY Janice Ward, Senior Planner 7/�' SUBJECT: Purchase of Service Agreement with Neighborhood Housing Services PURPOSE The purpose of this memorandum is to provide the Mayor and members of City Council with information to consider a Purchase of Service Agreement with Neighborhood Housing Services. RECOMMENDATION It is recommended that the City Council approve the Purchase of Service Agreement with Neighborhood Housing Services, providing financial support in the amount of$54,000. BACKGROUND Neighborhood Housing Services (NHS) was founded in 1981 with a mission to renew pride, restore confidence, promote reinvestment and revitalize neighborhoods through coordinated efforts with local residents, financial institutions, the business community, foundations and local government. NHS is a charter member of Neighborhood Reinvestment Corporation (NRC), a congressionally chartered not-for-profit organization that provides support to local neighborhood housing services. NHS has worked cooperatively with the City to help revitalize and strengthen Elgin neighborhoods. For the past several years, the City of Elgin has had a Purchase of Service Agreement (PSA) with NHS. The original budgeted amount of the Purchase of Service Agreement with NHS for 2004 was $89,300, reflecting a 24% decrease from last year's amount of$117,500. However, NHS requested that a portion of their 2004 funds be granted to the Elgin Community Network (ECN). As a result, a separate Purchase of Service Agreement was established between the City and ECN in the amount of$35,300. The remaining $54,000 of the original funding would go to NHS. This funding provides NHS with operational support needed to conduct citywide neighborhood revitalization efforts. NHS will continue to assist Elgin residents and neighborhoods by encouraging homeownership, property maintenance and housing rehabilitation. NHS will provide programs and activities as follows: • Revolving Loan Fund/Rehabilitation Loan Program with diversified lending products. Paint/Tool Lending Library F Neighborhood Housing Services PSA May 7, 2004 Page 2 • Homeowner education classes with pre-purchase/post-purchase housing counseling • Community outreach efforts related to affordable housing issues • Assistance and coordination with special events • 2004 Elgin Homebuyers Expo Committee member • Neighborhood Improvement Planning Committee member for Northeast Neighbors Association Under the separate Purchase of Service Agreement, the ECN will provide the community organizing and leadership development training services to the Elgin community that NHS staff provided in past years. This partnership helps both organizations, providing NHS with community organizing services required by their NRC charter without hiring additional staff, and providing ECN with office space and access to the broad range of resources and training through NRC. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Neighborhood Housing Services Elgin Community Network OVINANCIAL IMPACT The cost of the Purchase of Service Agreement with Neighborhood Housing Services is $54,000. Sufficient funds are budgeted and available ($54,000) in the Riverboat Fund, account number 275-0000-791.80-25 to enter into this agreement. LEGAL IMPACT \141)V None. ALTERNATIVES 1. Approve the Purchase of Service Agreement with Neighborhood Housing Services. 2. Modify the provisions of the Purchase of Service Agreement. 3. Elect not to enter into the Purchase of Service Agreement, thereby declining to support Neighborhood Housing Services. Respectfully submitted for Council consideration. JAW Attachment row PURCHASE OF SERVICE AGREEMENT NEIGHBORHOOD HOUSING SERVICES OF ELGIN, INC. AND THE CITY OF ELGIN THIS AGREEMENT is made and entered into this day of 2004, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City"), and Neighborhood Housing Services of Elgin, Inc., an Illinois not- for-profit corporation (hereinafter referred to as "NHS"). WHEREAS, City is committed to the revitalization and strengthening of all neighborhoods in Elgin; and WHEREAS, NHS is incorporated to provide revitalization assistance within the city limits; and WHEREAS, City and NHS wish to work cooperatively to assist neighborhoods rik throughout Elgin,particularly older established neighborhoods which are under stress. 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: 1. NHS shall designate the Elgin Community Network, a citizen-based non- profit group of neighborhood organizations (hereinafter referred to as "ECN"), to conduct neighborhood organizing and outreach activities for NHS. Activities shall be as defined by the Collaboration and Service Agreement. NHS shall assist ECN by sharing expertise, knowledge and resources in community organizing available through Neighborhood Reinvestment Corporation (hereinafter referred to as "NRC"). NHS is a chartered member of NRC, a congressionally chartered not-for-profit organization that provides training, technical support and grants to local neighborhood housing services. 2. NHS shall encourage home ownership, sound property maintenance and housing rehabilitation for the betterment of Elgin's neighborhoods through outreach efforts and programs such as the First-Time Homebuyer's Down-payment Assistance Program and Revolving Loan Fund/Rehabilitation Loan Program. 3. NHS shall maintain the NHS Paint/Tool Lending Library, providing materials and supplies for home maintenance and improvement. 4. NHS shall actively seek to develop minority involvement in NHS activities and in the community through outreach, including targeted communications to organizations representing the minority population. 5. The NHS Board shall meet at least monthly. 6. All property, whether real or otherwise, under NHS ownership or control shall be in compliance with all applicable City codes and ordinances, and all other applicable law. 7. No real property shall be conveyed by NHS to a third party unless it has been inspected by the Department of Code Administration and Development Services of the City within the past thirty (30) days and has been found by the City to be in compliance with all applicable ordinances and grant program regulations. In the event that the real property is found not to be in compliance with the applicable provisions of the Property Maintenance Code (Chapter 16.12 of the Elgin Municipal Code, 1976, as amended) and such property meets the minimum standards of habitability, such property may be conveyed and occupied if a written time schedule setting forth completion dates for all necessary repairs or modifications is filed with and approved by the Department of Code Administration and Development Services after being approved in writing by the authorized representatives of NHS and purchasers of such property. 8. City shall pay NHS a total sum of Fifty Four Thousand Dollars and no/100ths ($54,000.00), in two equal installments of$27,000.00, the first of which shall be provided within thirty days of the execution of this agreement and upon receipt of written assurances acceptable to the City by an independent auditor that financial statements fairly present the financial position of NHS and that NHS is compliant with all its bylaws, all applicable law, and standard accounting and business practices. In addition, an independent auditor shall attest that written policies and practices are in place and have been followed to assure internal controls exist for the proper accounting and disbursement of operating expenditures and grant funds; to include but not limited to, Board review and approval of all invoices prior to payment, two (2) signatures on each disbursement check, and Board approval of monthly financial statements (balance sheet, revenue and expense reports, etc.). The second payment shall be paid on or before July 1, 2004 and upon receipt of all required reports as stipulated in this agreement. 9. NHS shall provide a budget to the City which shall reflect the projected distribution of funds received from the City during the term of this agreement. The budget shall be submitted to the City Manager's Office prior to receipt of City funds. 10. Purchase of Service Agreement funds received from the City shall be used only for general operating purposes, including but not limited to utility payments, staff salaries and for those activities expressly set forth in this agreement. ' 11. Purchase of Service Agreement funds received from the City shall be deposited in a general purpose account but not commingled with funds restricted for special purposes. 12. NHS shall provide two written performance reports detailing the disbursement of the $54,000.00 provided for herein. These reports shall be provided to the City by May 31, 2004, and December 31, 2004 and shall include a description of all activity funded. These reports shall be submitted to the City Manager's Office, City Hall, 150 Dexter Court, Elgin, Illinois 60120, to the attention of the Management Analyst. 13. NHS shall provide City with financial statements relative to the organization's total operations. These statements shall be provided by July 31, 2004 and December 31, 2004. These reports shall be submitted to the City Manager's Office, City Hall, 150 Dexter Court, Elgin, Illinois 60120, to the attention of the Management Analyst. 14. City shall not be required to make any payment to NHS unless City has been provided with reasonable evidence of compliance with the terms of this agreement by NHS. Such evidence shall include, but not be limited to, receipts and other evidence of expenses incurred. 15. NHS shall not provide any funds derived from City pursuant to this agreement to any director, employee, volunteer or agent of NHS for any personal benefit. 16. This agreement shall not be deemed or construed to create an employment, joint venture,partnership or other agency relationship between the parties hereto. 17. To the fullest extent permitted by law, NHS agrees to indemnify, defend and hold harmless the City, its officers, employees, boards and commissions from and against any and all claims, suits,judgments, costs, attorney's fees, damages or other relief arising out of or resulting from or through or alleged to arise out of any reckless negligent acts or omissions of NHS or its officers, employees or agents in the performance of this agreement. In the event of any actions against the City, 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. The provisions of this paragraph shall survive any termination and/or expiration of this agreement. 18. Unless otherwise terminated as provided herein, this agreement shall terminate on December 31, 2004. 19. Either party hereto may terminate this agreement upon thirty (30) days written notice for any or no reason. 20. In the event this agreement is terminated or in the event the program for which the City funds provided herein are to be applied is discontinued or NHS ceases its [ operations prior to December 31, 2004, NHS shall refund to the City on a pro rata per diem basis the funds paid hereunder for the portion of the year remaining after any such termination or for the portion of the year such programs or NHS operations were not conducted. 21. The terms of this agreement shall be severable. In the event that any of the terms or provisions of this agreement are found to be void or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect. 22. This agreement shall be subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this agreement shall be in the Circuit Court of Kane County, Illinois. CITY OF ELGIN NEIGHBORHOOD HOUSING SERVICES OF ELGIN, INC. By By David Dorgan John W. Roberson City Manager Board President r Attest: Dolonna Mecum, City Clerk