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04-329 Resolution No. 04-329 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE HOPE FAIR HOUSING CENTER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interests of the city; and BE IT FURTHER RESOLVED that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with the HOPE Fair Housing Center for fair housing services, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: December 15, 2004 Adopted: December 15, 2004 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT THIS AGREEMENT, made and entered into this 15th day of December, 2004 , by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY" ) and the HOPE Fair Housing Center, an Illinois corporation (hereinafter referred to as "CONSULTANT" ) . WHEREAS, the CITY and CONSULTANT have agreed to enter into an agreement whereby the CONSULTANT shall render certain services more fully described herein; and WHEREAS, the CONSULTANT has demonstrated expertise in providing such services, and has represented that it has the requisite knowledge, skill, experience and other resources necessary to perform such services and is desirous of providing such services for the CITY. NOW, THEREFORE, for and in consideration of the mutual undertakings contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows : 1 . SCOPE OF SERVICES CONSULTANT agrees to provide for the CITY the services set forth in Exhibit A attached hereto and made a part hereof by this reference including the deliverables set forth therein, (hereinafter referred to as the "Subject Services" ) in accordance with the terms and conditions of this Agreement . The Subject Services shall be performed under the direction of the CITY' s Community Development Manager or his designee. Notwithstanding anything to the contrary in this Agreement, it is agreed and understood that the CONSULTANT shall not engage or participate in code enforcement activities . 2 . SCHEDULE AND TERM The term of the Agreement is commencing as of June 1, 2004 and continuing through May 31, 2005, unless terminated sooner as provided herein. 3 . COMPENSATION AND PAYMENT The CITY shall pay compensation to the CONSULTANT pursuant to this Agreement in the total amount of Fifty Thousand Dollars ($50, 000) regardless of actual costs incurred by the CONSULTANT. All expenses of the CONSULTANT are included in the total compensation of Fifty Thousand Dollars ($50 , 000) . The CITY shall pay to the CONSULTANT such Fifty Thousand Dollars ($50, 000) in quarterly installments over the term of this Agreement . CONSULTANT shall submit invoices in a format approved by the CITY. Progress reports will be included with all payment requests . The CONSULTANT shall permit the CITY to inspect and audit all data and records of the CONSULTANT for work done and expenses incurred pursuant to this Agreement . The CONSULTANT shall make such data and records available at reasonable times during the Agreement period and for a year after termination of this Agreement . 4 . RIGHTS AND RESULTS OF SUBJECT SERVICES The results of CONSULTANT Subject Services under this Agreement shall be the exclusive property of the CITY. All documents (including, without limitation, all notes, writings, reports, pictures, recordings, computer or machine readable data, and all copies of reproductions thereof) which describe or relate to the Subject Services performed pursuant to this Agreement or the results thereof or other information received or generated in the performance of this Agreement shall be the exclusive property of the CITY and shall be delivered to the CITY upon request (except for one copy, which may be retained by CONSULTANT for its confidential files) . To the extent reasonably practicable and permitted by law, the identities of any employees or subcontractors utilized by the CONSULTANT shall be kept strictly confidential by the CITY. No articles, papers, treatises, or other presentations related to or in any way based upon or associated with the Subject Services performed pursuant to this Agreement shall be presented or submitted for publication without the prior written consent of the CITY. Notwithstanding the foregoing, it is agreed that the CONSULTANT may utilize the writings, reports, pictures, recordings, or other information obtained pursuant to this Agreement for reports to its membership or in any reports to any state or federal agency. 2 5 . OTHER AGREEMENTS CONSULTANT warrants that it is not a party to any other existing or previous agreement which would prevent CONSULTANT from entering into this Agreement or which would adversely affect CONSULTANT' s ability to perform the Subject Services under this Agreement . During the term of this Agreement, CONSULTANT shall not, without the prior written consent of the CITY, perform services for any persons, firm or corporation other than the CITY if such services could foreseeably lead to a conflict with CONSULTANT' s obligations under this Agreement . 6 . NONAPPROPRIATION Expenditures not appropriate in the current fiscal year budget are deemed to be contingent liabilities only and are subject to appropriation in subsequent fiscal year budgets . In no event shall the CITY be liability to CONSULTANT for any amount in excess of the current appropriated amount . 7 . BREACH OF CONTRACT If either party violates or breaches any material term of this Agreement such violation or breach shall be deemed to constitute a default and the other party shall have the right to seek such administrative, contractual, equitable or legal remedies as may be suitable to such violation or breach. In addition, if either party, by reason of any default, fails within ten (10) days after written notice thereof by the other party to comply with the conditions of this Agreement, the other party may terminate this Agreement . 8 . STANDARDS OF PERFORMANCE CONSULTANT agrees to devote such time, attention, skill and knowledge as is necessary to perform the Subject Services effectively and efficiently. CONSULTANT acknowledges and accepts a relationship of trust and confidence with the CITY and agrees to cooperate with the CITY in performing the Subject Services to further the interests of the CITY. 9 . REPRESENTATIONS AND WARRANTIES OF CONSULTANT CONSULTANT represents and warrants that the following shall be true and correct as of the effective date of this 3 Agreement and shall continue to be true and correct during the term of this Agreement : A. Any service required to be performed by professionals shall be performed by professionals licensed to practice by the State of Illinois in the applicable professional discipline . B. CONSULTANT is and shall remain in compliance with all local , state and federal laws, City of Elgin ordinances, and regulations relating to this Agreement and the performance of the Subject Services. CONSULTANT is and shall remain in compliance with all CITY policies and rules, including, but not limited to, criminal background checks . C. CONSULTANT is not in default and has not been deemed by the CITY to be in default under any other agreement with the CITY during the five (5) year period immediately preceding the effective date of this Agreement . D. In the event the CONSULTANT is anything other than a sole proprietorship, CONSULTANT represents that it has taken all action necessary for the approval and execution of this Agreement, and execution by the persons signing on behalf of CONSULTANT is duly authorized by CONSULTANT and has been made with complete and full authority to commit CONSULTANT to all terms and conditions of this Agreement which shall constitute valid and binding obligations of CONSULTANT. E. No payment, gratuity or offer of employment, except as permitted by the Illinois State Gift Ban Act, was made by or to CONSULTANT in relation to this Agreement or as an inducement for award of this Agreement . 10 . INDEPENDENT CONTRACTOR It is understood and agreed that the relationship of CONSULTANT to the CITY is and shall continue to be that of an independent contractor and neither the CONSULTANT nor any of CONSULTANT' s employees shall be entitled to receive CITY employee benefits . As an independent contractor, CONSULTANT agrees to be responsible for the payment of all taxes and withholdings specified by law, which may be due 4 in regard to compensation paid by the CITY. CONSULTANT agrees that neither CONSULTANT nor its employees, staff or subcontractors shall represent themselves as employees or agents of the CITY. CONSULTANT hereby represents that CONSULTANT' s valid taxpayer identification number as defined by the United States Internal Revenue Code (Social Security Number or Federal Employer Identification Number) is 23-7036081 . 11 . POLITICAL ACTIVITY No portion of any funds paid by the CITY to the CONSULTANT pursuant to this Agreement shall be used for any partisan political activity to further the election or defeat of any candidate for public offices . All employees of CONSULTANT shall observe the limitations on political activities to which they may be subject under the Hatch Act (5 USC 1501, et seq. ) (18 USC 595) . 12 . WAIVER No delay or omission by the CITY to exercise any right hereunder shall be construed as a waiver of any such right and the CITY reserves the right to exercise any such right from time to time as often as may be deemed expedient . 13 . INDEMNIFICATION To the fullest extent permitted by law, CONSULTANT agrees to and shall indemnify, defend and hold harmless the CITY, its officials, officers, employees, agents, attorneys, boards and commissions from and against any and all claims, suits, judgments, costs, attorneys fees, damages or other relief, including but not limited to workers compensation claims, in any way resulting from or arising out of negligent actions or omissions of the CONSULTANT in connection herewith, including negligence or omissions of employees or agents of the CONSULTANT arising out of the performance of this Agreement . In the event of any action against the CITY, its officers, officials, employees, agents, attorneys, boards or commissions, covered by the foregoing duty to indemnify, defend and hold harmless such action shall be defended by legal counsel of the CITY' s choosing. The provisions of this paragraph shall survive any expiration and/or termination of this Agreement . 5 14 . NO PERSONAL LIABILITY No official, director, officer, agent or employee of the CITY shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement . 15 . INSURANCE A. Comprehensive Liability. The CONSULTANT shall provide, pay for and maintain in effect, during the term of this Agreement, a policy of comprehensive general liability insurance with limits of at least $1, 000, 000 aggregate for bodily injury and $1, 000, 000 aggregate for property damage . The CONSULTANT shall deliver to the CITY a Certification of Insurance naming the CITY as additional insured. The policy shall not be modified or terminated without thirty (30) days prior written notice to the CITY. The Certificate of Insurance which shall include Contractual obligation assumed by the CONSULTANT under Section 13 entitled "Indemnification" shall be provided. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. There shall be no endorsement or modification of this insurance to make it excess over other available insurance, alternatively, if the insurance states that it is excess or prorate, it shall be endorsed to be primary with respect to the CITY. B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance covering all owned, non-owned and hired motor vehicles with limits of not less than $500, 000 per occurrence for damage to property. C. Combined Single Limit Policy. The requirements for insurance coverage for the general liability and auto exposures may be met with a combined single limit of 6 $1, 000, 000 per occurrence subject to a $1, 000, 000 aggregate. 16 . NONDISCRIMINATION In all hiring or employment made possible or resulting from this Agreement, there shall be no discrimination against any employee or applicant for employment because of sex, age, race, color, creed, national origin, marital status, of the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification, and this requirement shall apply to, but not be limited to, the following: employment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, national origin, age except minimum age and retirement provisions, marital status or the presence of any sensory, mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination or suspension, in whole or in part, of the Agreement by the CITY. 17 . ASSIGNMENT AND SUCCESSORS This Agreement and each and every portion thereof shall be binding upon the successors and the assigns of the parties hereto; provided, however, that no assignment shall be made without the prior written consent of the CITY, which consent may be withheld in the sole discretion of the CITY. 18 . DELEGATIONS AND SUBCONTRACTORS Any assignment, delegation or subcontracting shall be subject to all the terms, conditions and other provisions of this Agreement and the CONSULTANT shall remain liable to the CITY with respect to each and every item, condition and other provision hereof to the same extent that the CONSULTANT would have been obligated if it had done the work itself and no assignment, delegation or subcontract had been made. Any proposed subcontractor shall require 7 the CITY' s advanced written approval, which approval may be withheld in the sole discretion of the CITY. 19 . NO CO-PARTNERSHIP OR AGENCY This Agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties hereto. 20 . SEVERABILITY The parties intend and agreed that, if any paragraph, sub- paragraph, phrase, clause or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect . 21 . HEADINGS The ings of the several paragraphs of this Agreement are inserted only as a matter of convenience and for reference and in no way are they intended to define, limit or describe the scope of intent of any provision of this Agreement, nor shall they be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof . 22 . ENTIRE AGREEMENT; MODIFICATION OR AMENDMENT This Agreement and its attachments constitutes the entire Agreement of the parties on the subject matter hereof and may not be changed, modified, discharged or extended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed written amendment hereto, as herein provided. 23 . APPLICABLE LAW This Agreement shall be deemed to have been made in, and shall be construed in accordance with the laws of the State of Illinois . Venue for the resolution of any disputes or the enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane County, Illinois. 8 24 . NEWS RELEASES AND PUBLIC STATEMENTS The CONSULTANT shall not issue any press releases or public statements about this Agreement or any actions or results of services undertaken pursuant to this Agreement without the prior written approval of the CITY. 25 . COOPERATION WITH THE CITY The CONSULTANT, its employees and/or agents shall not file, encourage or participate in the filing of any legal and/or administrative claims or complaints against the CITY (except to enforce the terms of this Agreement or the settlement agreement between the CONSULTANT and the CITY dated August 19, 2002) . The CONSULTANT, its employees and/or agents shall also not conduct any investigations and/or testing with respect to the CITY without the prior written consent of the CITY. The CONSULTANT, its employees and/or agents shall also not take any action or make any statement that is intended to disparage the CITY in any manner. Nothing in this paragraph will prohibit the CONSULTANT from providing information to persons on their rights under the Fair Housing Act . 26 . CONFIDENTIALITY AND OWNERSHIP OF DOCUMENTS In the performance of the Subject Services CONSULTANT may have access to certain information that is not generally known to others ("Confidential Information") . CONSULTANT agrees not to use or disclose to any third party, except in the performance of the Subject Services, any Confidential Information or any records, reports or documents prepared or generated as a result of this Agreement without the prior written consent of the CITY. CONSULTANT shall not issue publicity news releases or grant press interviews, except as may be required by law, during or after the performance of the Subject Services, nor shall CONSULTANT disseminate any information regarding the Subject Services without the prior written consent of the CITY. CONSULTANT agrees to cause its personnel, staff and/or subcontractors, if any, to undertaken the same obligations of confidentiality agreed to by CONSULTANT under this Agreement . The terms of this paragraph shall survive the expiration or termination of this Agreement . 9 27 . COOPERATION WITH OTHER CONSULTANTS The CONSULTANT shall cooperate with any other consultants in the CITY' s employ or any work associated with the Subject Services . 28 . INTERFERENCE WITH PUBLIC CONTRACTING The CONSULTANT certifies hereby that it is not barred from bidding on this contract as a result of a violation of 720 ILCS 5/33E et seq. or any similar state or federal statute regarding bid rigging. 29 . SEXUAL HARASSMENT As a condition of this contract, the CONSULTANT shall have written sexual harassment policies that include, at a minimum, the following information: A. the illegality of sexual harassment; B. the definition of sexual harassment under state law; C. a description of sexual harassment, utilizing examples; D. the vendor' s internal complaint process including penalties; E. the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights, and the Illinois Human Rights Commission; F. directions on how to contact the department and commission; G. protection against retaliation as provided by Section 6-101 of the Human Rights Act . A copy of the policies must be provided to the Department of Human Rights upon request (775 ILLS 5/2-105) . 30 . WRITTEN COMMUNICATIONS All recommendations and other communications by the CONSULTANT to the CITY and to other participants which may 10 affect cost or time of completion, shall be made or confirmed in writing. The CITY may also require other recommendations and communications by the CONSULTANT be made or confirmed in writing. 31 . NOTICES All notices, reports and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail, postage prepaid, addressed as follows : A. As to CITY: Jerry Deering Community Development Group Director City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 With a Copy to: William A. Cogley Corporation Counsel City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to CONSULTANT: HOPE Fair Housing Center 2100 Manchester Road, Suite 1070 Building B Wheaton, Illinois 60187 Attention: Bernard J. Kleina, Executive Director 32 . QUARTERLY REPORTS CONSULTANT agrees to provide the CITY Quarterly Reports regarding the services provided pursuant to this Agreement . Such Quarterly Reports shall include the demographic characteristics of the households served pursuant to this Agreement including, but not limited to, data on such items as family size, annual household income, race, national origin, ethnicity and whether the head of a household is female. A sample Quarterly Progress Report Form and Clientele Data Form utilized by the CITY in conjunction 11 with the City' s Community Development Block Grant Program is attached hereto as Exhibit B. 33 . USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND COMPLIANCE WITH REGULATIONS It is agreed and understood between the parties that to the extent permitted by applicable regulations the CITY intends to use Community Development Block Grant funds to pay the CONSULTANT for the services to be provided pursuant to this Agreement . CONSULTANT agrees to and shall follow such procedures and complete such documentation and perform such other fair housing services as are reasonably required so as to allow the CITY to use Community Development Block Grant funds to pay CONSULTANT under this Agreement . To the extent required by applicable Community Development Block Grant regulations, CONSULTANT agrees, as pre-approved by the CITY, that any and all activities shall be undertaken in accordance with 24 CFR 570 .206 (c) which requires the "provision of fair housing services designed to further the fair housing objectives of the Fair Housing Act (42 USC 3601-20) by making all persons, without regard to race, color, religion, sex, national origin, familial status or handicap, aware of the range of housing opportunities available to them; other fair housing enforcement, education, and outreach activities; and other activities designed to further the housing objective of avoiding undue concentrations of assisted persons in areas containing a high proportion of low and moderate income persons . " IN WITNESS WHEREOF, the parties hereto have entered into and executed this Agreement on the date and year first written above. CITY OF ELGIN HOPE Fair Housing Center By By 0,"— d Schock ernard J. Kleina Mayor Executive Director Attest : "&t"� City Clerk F:\Legal Dept\Agreement\HOPE Fair Housing Center 2004-S.doc 12 EXHIBIT A SCOPE OF SERVICES : HOPE Fair Housing Center will provide up to 400 hours of consultation services during the term of the Agreement for any and all of the below-listed services, as directed by the City or as mutually agreed upon by the City and HOPE. Any excess time shall require a prior written amendment to the Agreement and separate invoice. PROJECT OBJECTIVES : There are several overall objectives of the services performed by Consultant pursuant to this Agreement . These objectives are : 1 . To provide fair housing education and training to targeted constituent groups within the City. 2 . To provide fair housing counseling to targeted constituency groups within the City. 3 . To review and assist the City in overcoming barriers to fair housing identified in the City' s Analysis of Impediments. 4 . As pre-approved by City, any and all activities undertaken in accordance with 24 CFR 570 . 206 (c) in the "provision of fair housing services designed to further the fair housing objectives of the Fair Housing Act (42 U. S.C. 3601-20) by making all persons, without regard to race, color, religion, sex, national origin, familial status or handicap, aware of the range of housing opportunities available to them; other fair housing enforcement, education, and outreach activities; and other activities designed to further the housing objective of avoiding undue concentrations of assisted persons in areas containing a high proportion of low and moderate income persons . " 5 . To open the doors to new and existing rental opportunities to all protected individuals and families, especially African-American and Latino families and individuals, and persons with disabilities through working with the other established agencies in City and through fair housing advocacy and enforcement . 13 6 . To assist the City with outreach and public education to minority groups with respect to the provisions and enforcement of the City' s Property Maintenance Code and related building codes, including, but not limited to, occupancy regulations . 14 • EXHIBIT B HOPE FAIR HOUSING QUARTERLY PROGRESS REPORT Complete form for past three months and submit to the Planning and Neighborhood Services Department by the 1� day of the third month. CD PROJECT NUMBER MONTH YEAR Project Name Project Contact/Manager Phone AGENCY 1. Narrative: Describe any action taken, relating to this project, during the past month. 2. What events are scheduled for the next few month? 3. Complete the below chart for clients served this month. Do not duplicate clients served in pervious months. You may provide data by either household or persons served. Number of Households/Persons Directl Assisted Total # Of Low Extrmly Am. Low/Mod Income, Low Asian/ Indian/ Income, 50-31% Income, African Pacific Alaskan Female Headed 80-0%, 30-0% White* American* Hispanic* Islander* Native* Household No of Hshlds Assisted No of Persons Assisted *Median Family Income (MFI)for Kane County Coyne_a/H...Forms/Progress Reports/Facility Imp. J City of Elgin Agenda Item No. E November 24, 2004 TO: Mayor and Members of the City Council FROM: David M. Dorgan, City Manager QUALITY HOUSING Amy Coyne, CDBG Program Coordinator SUBJECT: HOPE Fair Housing Center's Community Development Block Grant Sub- Recipient Agreement PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information regarding the Sub-Recipient Agreement between the City of Elgin and HOPE Fair Housing Center. RECOMMENDATION It is recommended that the City Council approve the Sub-Recipient Agreement between the City of Elgin and HOPE Fair Housing Center in the amount of$50,000. BACKGROUND HOPE Fair Housing Center is a not-for-profit organization providing fair housing services throughout the area since 1968. HOPE's expertise ranges from counseling and education to tenants, landlords, counties, municipalities, realtors, and insurance agents. This agency provides a much needed service to all individuals affected by fair housing issues. HOPE Fair Housing Center applied for Community Development Block Grant (CDBG) funds in 2004. The funding was approved by the City Council in March, 2004, and implemented into the 2004 Annual Updated Action Plan. During this time period it was decided by HUD and City staff to allocate the funding through the CDBG administrative fund. By funding it through the CDBG administrative fund, HOPE will be able to satisfy HUD's regulations in a more efficient manner. HOPE Fair Housing Center was allocated a total of$50,000 in CDBG Administrative funds from the 2004 Program Year. The funds will be utilized to provide fair housing counseling to tenants, CDBG—HOPE Fair Housing Center November 24, 2004 Page 2 landlords, banks, and realtors. HOPE will also be able to assist the city in identifying and resolving barriers to fair housing as indicated in the City's Analysis of Impediments to Fair Housing. HOPE has already begun to implement fair housing services as part of the settlement agreement with the City. HOPE Fair Housing received $50,000 in 2003 CDBG Program Year as part of this ongoing agreement. Upon approval by the City Council, staff will meet with HOPE to discuss CDBG project guidelines. The project will be completed within twelve months. COMMUNITY GROUPSIINTERESTED PERSONS CONTACTED None FINANCIAL IMPACT The cost of the agreement with HOPE Fair Housing is $50,000. Sufficient funds are budgeted ($50,000) and available ($50,000) to enter into this agreement in the CDBG Program Year 2004, CDBG Administration, account number 230-0000-791.30-99,project number 154061. W ThEGAL IMPACT e agreement is contemplated and required as part of the city's 2002 settlement agreement with the United States Department of Justice, the United States Department of Housing and Urban Development and the HOPE Fair Housing Center. ALTERNATIVES 1. Approve the attached Sub-Recipient Agreement. 2. Do not proceed with the Sub-Recipient Agreement at this time. Respectfully submitted for Council consideration. AC/sr Attachment