00-209 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.
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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.
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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.
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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
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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
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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
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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
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