04-141 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.
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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.
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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
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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
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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.
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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
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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)
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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
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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.
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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
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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
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ATTACHMENT B
PROJECT BUDGET
Phase Fee
One $14,400.00
Two $14,400.00
Three $7,200.00
GRAND TOTAL $36,000.00
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POW
Agenda Item No.
City of Elgin g
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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
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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