11-166 Resolution No. 11-166
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
B & F TECHNICAL CODE SERVICES, INC. FOR INSPECTION SERVICES
REGARDING THE ADMINISTRATION AND ENFORCEMENT OF THE CITY OF ELGIN'S
VACANT RESIDENTIAL BUILDINGS ORDINANCE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,that
Sean R. Stegall,City Manager,and Kimberly A.Dewis,City Clerk,be and are hereby authorized and
directed to execute an Agreement on behalf of the City of Elgin with B & F Technical Code
Services, Inc. for inspection services and other services regarding the administration and
enforcement of the City of Elgin's vacant residential buildings ordinance,a copy of which is attached
hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: September 28, 2011
Adopted: September 28, 2011
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
AGREEMENT
THIS AGREEMENT is made and entered into this 28thday ofSeptember, 2011, by and
between the CITY OF ELGIN,an Illinois municipal corporation(hereinafter referred to as"CITY")
and B & F Technical Code Services, Inc., an Illinois corporation (hereinafter referred to as
"CONTRACTOR").
WHEREAS,the CITY desires to engage the CONTRACTOR to furnish certain inspection
services and other services in connection with the CITY's administration and enforcement of its
vacant residential buildings ordinance, as set forth in Chapter 16.42 of the Elgin Municipal Code,
1976, as amended (hereinafter referred to as the "PROJECT"); and
WHEREAS, the CONTRACTOR represents that it is in compliance with Illinois Statutes
relating to registration and training of individuals and has the necessary expertise and experience to
furnish such services upon the terms and conditions set forth herein below.
NOW,THEREFORE,it is hereby agreed by and between the CITY and the CONTRACTOR
that the CITY does hereby retain the CONTRACTOR for and in consideration of the mutual
promises and covenants contained herein, the sufficiency of which is hereby acknowledged to
perform the services relating to the PROJECT as described herein,subject to the following terms and
conditions and stipulations, to-wit:
1. SCOPE OF SERVICES
A. All work hereunder shall be performed under the direction of the Community
Development Director of the CITY or his designee, herein after referred to as the
"DIRECTOR".
B. The CONTRACTOR shall provide the services to the CITY relating to the PROJECT
and the administration and enforcement of the CITY's vacant residential buildings
ordinances provided in Chapter 16.42 of the Elgin Municipal Code, 1976, as
amended, as set forth in the Scope of Services attached hereto and made a part
hereof as Exhibit A.
2. PROGRESS REPORTS
A project schedule for the PROJECT is attached hereto and made a part hereof as Exhibit B.
On or before the seventh (7`11) day of each month, the CONTRACTOR shall submit to the
DIRECTOR a Progress Report. Said Report shall consist of a brief narrative that describes
the progress of the PROJECT against the project schedule (Exhibit B) and identifies any
pending, unresolved,and/or outstanding issues, especially as they may related to continued
implementation of the PROJECT or advancing the purposes of Chapter 16.42. Said
evaluation shall also include a report regarding Workload Indicators as required within the
Scope of Services (Exhibit A, Section A.17.).
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3. WORK PRODUCT
All work product prepared by the CONTRACTOR pursuant hereto including,but not limited
to,reports,citations,notes,plans,designs,calculations,work drawings,studies,photographs,
models and recommendations shall be the property of the CITY and shall be delivered to the
CITY upon request of the DIRECTOR; provided, however, that the CONTRACTOR may
retain copies of such work product for its records. CONTRACTOR's execution of this
Agreement shall constitute CONTRACTOR's conveyance and assignment of all right,title
and interest, including but not limited to any copyright interest, by the CONTRACTOR to
the CITY of all such work product prepared by the CONTRACTOR pursuant to this
Agreement. The CITY shall have the right either on its own or through such other
consultants as determined by the CITY to utilize and/or amend such work product. Any such
amendment to such work product shall be at the sole risk of the CITY.
4. PAYMENTS TO THE CONTRACTOR
A. For services provided by the CONTRACTOR to the CITY pursuant to this
Agreement, the CITY shall pay the CONTRACTOR as follows:
(i) $94.00 for each vacant building registration fee received by the CITY from a
registered vacant building pursuant to Elgin Municipal Code Section
16.42.060A1.
(ii) $235.00 for each inspection conducted on a vacant building pursuant to Elgin
Municipal Code Section 16.42.060A2. Such inspection fee to be paid to the
CONSULTANT shall provide the compensation for work related to both the
initial inspection and the periodic re-inspections, as necessary, until code
compliance is achieved.
(iii) $70.00 per hour for court time in excess of eight(8) hours per month.
B. The CITY shall make periodic payments to the CONTRACTOR based upon actual
progress within thirty(30) days after receiving proof of an invoice.
5. INVOICES
A. No more than once per month,the CONTRACTOR shall submit invoices in a format
approved by the CITY. Progress Reports (2 above) shall be included with all
payment requests.
B. The CONTRACTOR shall maintain records showing actual time devoted and cost
incurred. The CONTRACTOR shall permit the DIRECTOR or any other authorized
representative of the CITY to inspect and audit all data and records of the
CONTRACTOR for work done under this Agreement. The CONTRACTOR shall
make these records available at reasonable times during the Agreement period and for
one (1) year after termination of this Agreement.
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6. TERMINATION OF AGREEMENT
Notwithstanding any other provision hereof,the CITY may terminate this Agreement at any
time upon fifteen(15)days prior written notice to the CONTRACTOR. In the event that this
Agreement is so terminated, the CONTRACTOR shall be paid for services actually
performed prior to termination in accordance with the amounts set forth under Paragraph 4
above.
7. TERM
This Agreement shall become effective as of the entry into and execution of this Agreement
by the CONTRACTOR and the CITY and, unless terminated for cause, or pursuant to
paragraph 6, shall continue through December 31, 2013. The CITY, at its option, may also
extend this Agreement on the same terms and conditions for an additional one(1)year term
from January 1,2014,through December 31,2014,by providing the CONSULTANT written
notice thereof on or before November 1, 2013.
8. NATURE OF SERVICES
It is agreed and understood that the undertakings of the CONTRACTOR on behalf of the
CITY pursuant to this Agreement are general services only and that no special duties or
obligations to third parties are intended or shall be deemed or construed to be created by this
Agreement. It is further agreed and understood that this Agreement is not intended nor shall
be construed to alter, limit or constitute a waiver of any civil immunities afforded the CITY
and/or its employees pursuant to the Local Governmental Tort Immunity Act at 745 ILCS
10/1-101,et seq., as amended,or as otherwise provided by law,it being agreed that all of the
civil immunities as set forth in such Act,as amended,or as otherwise provided by law,shall
fully apply to any claims asserted or which might be asserted against the CITY and/or its
employees as a result of the services to be provided by the CONTRACTOR pursuant to this
Agreement, as a result of this Agreement or otherwise.
9. BREACH OF CONTRACT
If either 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. Notwithstanding the foregoing,or anything else to the
contrary in this Agreement, with the sole exception of an action to recover the monies the
CITY has agreed to pay to the CONTRACTOR pursuant to Paragraph 4 hereof, no action
shall be commenced by the CONTRACTOR against the CITY for monetary damages.
CONTRACTOR hereby further waives any and all claims to interest on money claimed to be
due pursuant to this Agreement,and waives any and all such rights to interest which it claims
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it may otherwise be entitled pursuant to law, including, but not limited to, the Local
Government Prompt Payment Act, as amended, (50 ILCS 501/1, et seq.) or the Illinois
Interest Act,as amended(815 ILCS 205/1,et seq.). The parties hereto further agree that any
action by the CONTRACTOR arising out of this AGREEMENT must be filed within one(1)
year of the date the alleged cause of action arose or the same will be time-barred.
10. INDEMNIFICATION
To the fullest extent permitted by law, CONTRACTOR agrees to and shall indemnify,
defend and hold harmless the CITY, its 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 the CONTRACTOR in connection
herewith,including negligence or omissions of employees or agents of the CONTRACTOR
arising out of the performance of this Agreement. In the event of any action 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 expiration,completion
and/or termination of this Agreement.
11. 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.
12. INSURANCE
A. Comprehensive Liability. The CONTRACTOR 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 CONTRACTOR shall deliver to the DIRECTOR a Certificate 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 DIRECTOR.
The Certificate of Insurance shall include the contractual obligation assumed by the
CONTRACTOR under Paragraph 10 entitled"Indemnification".
This insurance shall be primary and non-contributory 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.
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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 bodily injury and/or property damage.
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
$1,000,000 per occurrence subject to a$1,000,000 aggregate.
D. Professional Liability. The CONTRACTOR shall carry CONTRACTOR's
Professional Liability Insurance covering claims resulting from error, omissions or
negligent acts with a combined single limit of not less than$1,000,000 per claim. A
Certificate of Insurance shall be submitted to the DIRECTOR as evidence of
insurance protection. The policy shall not be modified or terminated without thirty
(30)days prior written notice to the DIRECTOR.
13. MONITORING OF CONTRACTOR VEHICLES
CONTRACTOR agrees to permit the CITY to monitor the CONTRACTOR's vehicles used
in connection with providing the inspection and other services to the CITY pursuant to this
Agreement. In connection therewith, the CONTRACTOR shall permit the CITY,through
the CITY's agents,to install Global Positioning Satellite("GPS")monitoring devices on the
CONTRACTOR's vehicles to be utilized by the CONTRACTOR and its employees in
connection with providing the services to the CITY pursuant to this Agreement. It is further
agreed and understood that the CITY may use any such GPS data for any and all purposes as
determined by the CITY, including, but not limited to, to monitor and evaluate
CONTRACTOR's performance of this Agreement and that CONTRACTOR, on behalf of
itself, its officers, employees and agents, expressly agrees to same.
14. 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.
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15. 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 the CITY may withhold in its sole
discretion.
16. DELEGATIONS AND SUBCONTRACTORS
Any assignment,delegation or subcontracting shall be subject to all the terms,conditions and
other provisions of this Agreement and the CONTRACTOR shall remain liable to the CITY
with respect to each and every item,condition and other provision hereof to the same extent
that the CONTRACTOR 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 the CITY's advanced written approval.
17. 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. It is agreed and
understood that the CONTRACTOR is serving in the status as an independent contractor of
the CITY.
18. 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.
19. 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.
20. 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 amendment hereof, or change order as herein provided.
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21. 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.
22. NEWS RELEASES
The CONTRACTOR may not issue any news releases without prior approval from the
DIRECTOR, nor will the CONTRACTOR make public statements relating to this
Agreement without prior written approval from the DIRECTOR prior to said matters
becoming matters of public record.
23. COOPERATION WITH OTHER CONTRACTORS
The CONTRACTOR shall cooperate with any other contractors in the CITY's employ or
persons or any work associated with the PROJECT.
24. INTERFERENCE WITH PUBLIC CONTRACTING
The CONTRACTOR 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.
25. SEXUAL HARASSMENT
As a condition of this contract, the CONTRACTOR 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.
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A copy of the policies shall be provided by CONTRACTOR to the Department of Human
Rights upon request 775 ILCS 5/2-105.
26. SUBSTANCE ABUSE PROGRAM.
As a condition of this agreement, CONTRACTOR shall have in place a written substance
abuse prevention program which meets or exceeds the program requirements in the
Substance Abuse Prevention Public Works Project Act at 820 ILCS 265/1 et seq. A copy of
such policy shall be provided to the City's Assistant City Manager prior to the entry into and
execution of this agreement.
27. WRITTEN COMMUNICATIONS
All recommendations and other communications by the CONTRACTOR to the DIRECTOR
and to other participants which may affect cost or time of completion, shall be made or
confirmed in writing. The DIRECTOR may also require other recommendations and
communications by the CONTRACTOR be made or confirmed in writing.
28. 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 the CITY:
Marc Mylott, Community Development 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 the CONTRACTOR:
Wanda Piccolo, CEO and Owner
B & F Technical Code Services, Inc.
2041 W. Hassell Road, Suite 1550
Hoffman Estates, Illinois 60169
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29. SCREENING OF CONTRACTOR'S EMPLOYEES
CONTRACTOR's inspectors assigned to the PROJECT pursuant to this AGREEMENT
shall,prior to performing services hereunder,undergo a criminal history background check
and drug screening examinations in the manner performed on new employees of the CITY.
CONTRACTOR and its employees shall sign the necessary forms to allow the CITY to
perform such criminal history background checks and drug screening examinations. The
CITY reserves the right to reject any proposed inspectors of the CONTRACTOR based on
the results of such criminal history background checks and drug screening examinations.
30. COMPLIANCE WITH LAWS
Notwithstanding any other provision of this AGREEMENT it is expressly agreed and
understood that in connection with the performance of this AGREEMENT that the
CONTRACTOR shall comply with all applicable federal,state,city and other requirements
of law, including,but not limited to, any applicable requirements regarding prevailing wages,
minimum wage, workplace safety and legal status of employees. Without limiting the
foregoing, CONTRACTOR hereby certifies, represents and warrants to the CITY that all
CONTRACTOR's employees and/or agents who will be providing products and/or services
with respect to this AGREEMENT shall be legal residents of the United States.
CONTRACTOR shall also at its expense secure all permits and licenses,pay all charges and
fees and give all notices necessary and incident to the due and lawful prosecution of the
work, and/or the products and/or services to be provided for in this AGREEMENT. The
CITY shall have the right to audit any records in the possession or control of the
CONTRACTOR to determine CONTRACTOR's compliance with the provisions of this
paragraph. In the event the CITY proceeds with such an audit the CONTRACTOR shall
make available to the CITY the CONTRACTOR's relevant records at no cost to the CITY.
CONTRACTOR shall pay any and all costs associated with any such audit.
[SIGNATURE PAGE FOLLOWS]
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29. SCREENING OF CONTRACTOR'S EMPLOYEES
CONTRACTOR's inspectors assigned to the PROJECT pursuant to this AGREEMENT
shall, prior to performing services hereunder,undergo a criminal history background check
and drug screening examinations in the manner performed on new employees of the CITY.
CONTRACTOR and its employees shall sign the necessary forms to allow the CITY to
perform such criminal history background checks and drug screening examinations. The
CITY reserves the right to reject any proposed inspectors of the CONTRACTOR based on
the results of such criminal history background checks and drug screening examinations.
30. COMPLIANCE WITH LAWS
Notwithstanding any other provision of this AGREEMENT it is expressly agreed and
understood that in connection with the performance of this AGREEMENT that the
CONTRACTOR shall comply with all applicable federal,state,city and other requirements
of law,including,but not limited to,any applicable requirements regarding prevailing wages,
minimum wage, workplace safety and legal status of employees. Without limiting the
foregoing, CONTRACTOR hereby certifies, represents and warrants to the CITY that all
CONTRACTOR's employees and/or agents who will be providing products and/or services
with respect to this AGREEMENT shall be legal residents of the United States.
CONTRACTOR shall also at its expense secure all permits and licenses,pay all charges and
fees and give all notices necessary and incident to the due and lawful prosecution of the
work, and/or the products and/or services to be provided for in this AGREEMENT. The
CITY shall have the right to audit any records in the possession or control of the
CONTRACTOR to determine CONTRACTOR's compliance with the provisions of this
paragraph. In the event the CITY proceeds with such an audit the CONTRACTOR shall
make available to the CITY the CONTRACTOR's relevant records at no cost to the CITY.
CONTRACTOR shall pay any and all costs associated with any such audit.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF,the parties hereto have entered into and executed this agreement
effective as of the date and year first written above.
CITY OF
By: f.. 4
can Stegall, City Manag-/
Attest:
City Clerk
CONTRACTOR:
By: 11.x//6,21a
Name/Print: Ki/,1p_3„ ,/;yf
Title: UI Cp - 1453/0f-751-- 7—
f:\legal dept\agreement\consultant agreement-b f technical code services clean-wac.doc
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EXHIBIT A
SCOPE OF SERVICES
A.1. When used within this Exhibit A,and as established by Chapter 16.42 of the Elgin Municipal
Code, 1976, as amended, the words below shall have the meaning immediately following
said word. Where these words appear within this Exhibit A, they appear in all uppercase
letters.
A.1.1. BUILDING: Any residential structure, or portion thereof, containing one or more
dwelling units used or intended to be used for human habitation.
A.1.2. OWNER: Any person, agent, operator, firm, or corporation having a legal or
equitable interest in a property; or recorded in the official records of the State,
county,or municipality as holding title to the property;or otherwise having control of
the property,including the guardian of the estate of any such person,and the executor
or administrator of the estate of such person if ordered to take possession of real
property by a court.
A.1.3. VACANT BUILDING: A building or portion of a building which is:
A.1.3.1. Unoccupied and unsecured; or,
A.1.3.2. Unoccupied and secured by boarding or other similar means for more
than thirty(30) days; or,
A.1.3.3. Unoccupied and a dangerous structure; or,
A.I.3.4. Unoccupied as a result of having been declared unsafe for occupancy
by the Director pursuant to applicable provisions of the Elgin
Municipal Code, 1976, as amended; or,
A.1.3.5. Unoccupied and having multiple violations of the Elgin Municipal
Code, 1976, as amended; or,
A.1.3.6. Unoccupied and the building or its premises have been the site of
unlawful activity at any time while unoccupied,or at any time during
the previous six (6) months whether occupied or not; or,
A.1.3.7. Unoccupied as a result of having been condemned or declared unsafe
for occupancy by the Director and unlawfully occupied; or,
A.1.3.8. Unoccupied for over sixty (60) days and during which time the
Director has issued an order to correct public nuisance conditions and
the same have not been corrected in a code compliant manner; or,
A.1.3.9. Unoccupied and the subject of either pending mortgage foreclosure
proceedings or mortgage foreclosure proceedings that have been
completed within the past two(2)years and the building has not since
been reoccupied.
A.1.3.10. Unoccupied for over one year.
A.1.3.11. But not including unoccupied buildings which are undergoing
construction, renovation, or rehabilitation and which are in
compliance with all applicable ordinances, codes, legislation, and
regulations,and for which construction,renovation or rehabilitation is
proceeding diligently to completion.
A.2. CONTRACTOR shall determine which BUILDINGS are VACANT BUILDINGS and
establish and implement a methodology approved by the DIRECTOR that regularly reviews
BUILDINGS to quickly and effectively identify and process BUILDINGS as they become
VACANT BUILDINGS.
A.2.1. In the form of a report to the DIRECTOR, CONTRACTOR shall provide its initial
determination of VACANT BUILDINGS within 90 days of the date the contract is
awarded(hereinafter referred to as the"resulting contract").
A.2.2. CONTRACTOR shall be responsible, at its cost, for making any necessary
contractual and financial arrangements with third-party data providers if
CONTRACTOR suggests that such data is integral to determining VACANT
BUILDINGS.
A.2.3. When available, the City shall provide data to CONTRACTOR, provided
CONTRACTOR signs a release acknowledging that it will use the data for the sole
purpose of providing these determinations.
A.2.4. When requested, the City shall provide written consent and/or verification of the
request to other public agencies for the purpose of securing data whose sole purpose
is providing these determinations.
A.3. CONTRACTOR shall identify and notify OWNERS of VACANT BUILDINGS to register
with the CITY. CONTRACTOR shall enter OWNER information into City code
enforcement software.
A.4. CONTRACTOR shall advise the City as to which OWNERS the City shall invoice for
registration services.
A.S. CONTRACTOR shall provide documentation rebutting appeals of VACANT BUILDING
determinations, if any, to the City Manager or his or her designee.
A.6. CONTRACTOR shall review,draft proposed modifications,and submit recommendations to
DIRECTOR with respect to the approval and/or disapproval of appropriate plans of action
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for the repair,abatement of public nuisances,and on-going maintenance of each VACANT
BUILDING (hereinafter referred to as "Vacant Building Plans").
A.7. CONTRACTOR shall provide documentation rebutting appeals of modified "Vacant
Building Plans", if any, to the City Manager or his or her designee.
A.8. CONTRACTOR shall verify and maintain records of conformance with insurance
requirements for VACANT BUILDINGS.
A.9. CONTRACTOR shall schedule and conduct exterior and interior inspections of VACANT
BUILDINGS.
A.9.1. CONTRACTOR shall be responsible for contacting OWNERS and scheduling,
conducting, and recording (on paper and electronically) inspections of VACANT
BUILDINGS.
A.9.2. CONTRACTOR shall conduct inspections in accordance with City Code and the
applicable International Property Maintenance Code (including its referenced
standards) as adopted and amended from time to time by the City of Elgin, all of
which is hereinafter termed"applicable codes".
A.9.3. CONTRACTOR shall provide the training necessary to ensure that all inspectors
have sufficient knowledge of the "applicable codes" and current methods of
inspection.
A.9.4. CONTRACTOR must provide transportation for its employees and furnish the
necessary tools and equipment for use in conducting routine inspections of VACANT
BUILDINGS, which includes but may not be limited to the following:
A.9.4.1. A flashlight with a nonconductive case for inspecting building
systems in locations where sufficient natural or artificial light is not
available.
A.9.4.2. A nonconductive safety hat.
A.9.4.3. Safety shoes.
A.9.4.4. A digital camera with the date and time stamp feature engaged.
A.9.4.5. A copy of the applicable ordinances and regulations of the City of
Elgin.
A.9.4.6. Any other equipment necessary to carry out properly and safely the
functions and duties described within this Request for Proposals.
A.9.5. CONTRACTOR shall advise the City as to which OWNERS the City shall invoice
for inspection services.
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A.9.6. CONTRACTOR may observe all City of Elgin holidays, and all work under this
Exhibit A shall be performed during regular working hours of regular working days
of the City of Elgin Government, unless otherwise ordered by DIRECTOR.
A.9.7. CONTRACTOR, at its option, and with the consent of the OWNER, may work on
Federal, State, or City holidays or hours other than regular working hours, if such
work is at no additional cost to the City of Elgin and/or OWNERS.
A.9.8. CONTRACTOR shall provide to each OWNER a written report of the results of the
initial inspection within thirty(30) days of conducting said inspection. This initial
inspection report shall include all items required to be abated or corrected by the
OWNER. Said report shall include a reasonable date by which code compliance
shall be achieved and specify that, on this reasonable date and at a reasonable time,
the firm shall conduct a re-inspection.
A.9.9. CONTRACTOR shall re-inspect VACANT BUILDINGS until code compliance is
achieved. If compliance is not achieved at the first re-inspection, CONTRACTOR
shall provide an updated inspection report to the OWNER on-the-spot,which report
shall note the outstanding issue(s)and a date and time for re-inspection. Subsequent
re-inspections shall be scheduled reasonably in relation to the work necessary to
achieve compliance; however, no re-inspection shall be scheduled for more than
thirty (30) days beyond the date when written documentation is provided to the
OWNER. CONTRACTOR shall continue to schedule and conduct periodic re-
inspections until code compliance is achieved. Once CONTRACTOR has inspected
the VACANT BUILDING and visually verified that compliance has been achieved,
CONTRACTOR shall:
A.9.9.1. Within one(1)business day of the inspection,make necessary marks
upon paper and electronically such that the City may issue a real
estate transfer stamp; and
A.9.9.2. Within three (3) business days of the inspection, mail or otherwise
make available to the OWNER a Certificate of Code Compliance for
Vacant Buildings.
A.9.10.After the second re-inspection,and where CONTRACTOR finds that an OWNER is
either not responding to inspection reports or not working diligently to achieve
compliance,CONTRACTOR shall notify DIRECTOR of same,advising the City of
the necessity to pursue an enforcement action, either through the City of Elgin
Administrative Adjudicator or the Cook or Kane County Circuit Court judge.
A.9.11.All inspections,workmanship,and/or equipment shall be subject to examination by
DIRECTOR at any and all times during the course of the work related to this Exhibit
A and at any and all places where CONTRACTOR is conducting said work.
DIRECTOR shall have the right to reject insufficient, incomplete, erroneous, or
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otherwise defective inspections or reports and require resubmission within five (5)
working days at no cost to the OWNER or City.
A.9.12.When requested by an OWNER,CONTRACTOR shall conduct an initial inspection
within five(5)business days of the request. When a re-inspection is requested by an
OWNER, CONTRACTOR shall conduct said inspection within three (3) business
days.
A.9.13.CONTRACTOR will not be asked to conduct inspections upon work which requires
the prior issuance of a building or trades permit from the City of Elgin. Such
inspections shall remain the responsibility of a City building inspector.
A.10. CONTRACTOR shall conduct periodic re-inspections as necessary to ensure on-going
compliance with "Vacant Building Plans". If CONTRACTOR has issued a Certificate of
Compliance for Vacant Buildings, such inspections may be scheduled no more than forty-
five (45) days apart.
A.11. CONTRACTOR shall use all lawful means necessary to fully enforce the ordinance.
A.11.1.CONTRACTOR shall assist the City in the preparation and filing of necessary
documents with the City of Elgin Administrative Adjudicator or the Cook or Kane
County Circuit Court judge,as needed. Compensation shall be as established within
Paragraph 4 of the Agreement to which this Exhibit A is attached.
A.11.2.CONTRACTOR shall be well prepared when assisting the City with the prosecution
of a matter before the City of Elgin Administrative Adjudicator or the Cook or Kane
County Circuit Court judge. If required by the City, the firm shall attend hearings,
prepare necessary exhibits,provide testimony,and conduct any necessary additional
inspections related to a matter before the adjudicator or judge. Compensation shall
be as established within Paragraph 4 of the Agreement to which this Exhibit A is
attached.
A.1 1.3.Upon the review and approval of the appropriate credentials,the City shall authorize
employees of CONTRACTOR to have full force and effect as City of Elgin code
enforcement officers. The City will reserve the right at any time to revoke such
individual authorization or to otherwise order an employee of CONTRACTOR to
cease work in relation to the ordinance.
A.12. CONTRACTOR shall investigate all complaints and/or incidents relating to VACANT
BUILDINGS.
A.13. CONTRACTOR shall provide immediate contact to DIRECTOR.
A.13.1.In an instance where DIRECTOR determines that the immediate services of
CONTRACTOR are necessary because of an immediate threat to health, safety, or
welfare, DIRECTOR shall be able to contact a CONTRACTOR supervisor by
- 15 -
telephone immediately,and CONTRACTOR shall provide an inspector within four
(4) hours.
A.13.2.DIRECTOR shall be able to contact CONTRACTOR inspectors by mobile phone
from 7 a.m. to 6 p.m., Monday through Saturday.
A.13.3.CONTRACTOR shall agree to meet with DIRECTOR at reasonable times and with
reasonable notice.
A.14. CONTRACTOR shall ensure real-time access to any and all information required by City
departments and agencies,especially the Community Development Department and the City
Clerk's Office. All records,data,and files created from the performance of duties outlined in
this document are the property of the City of Elgin and shall be available to DIRECTOR at
all times.
A.15. CONTRACTOR shall provide other services or enact other practices that may be necessary
to ensure the policy objectives of Chapter 16.42 of the Elgin Municipal Code, 1976, as
amended, are met.
A.16. CONTRACTOR shall create and provide all necessary forms and templates for letters,
notices, signs, certificates, and other written communications. City staff shall review and
approve all draft forms and templates prior to their use. City staff shall provide electronic
seals, logos, and/or insignias such that written communications have the effect of a written
communication on behalf of the City of Elgin.
A.17. CONTRACTOR shall track and report figures regarding the workload indicators outlined
within this subsection A.17. CONTRACTOR shall provide said figures within the
monthly Progress Reports required within the Agreement to which this Exhibit A is
attached.
A.17.1.Number of new VACANT BUILDINGS identified, number of VACANT
BUILDINGS occupied, and running total of all VACANT BUILDINGS.
A.17.2.Number of appeals of VACANT BUILDINGS determinations received.
A.17.3.Number of initial inspections conducted, including:
A.17.3.1. Number of such inspections which passed or failed;
A.17.3.2. Number of such inspections requested by an OWNER; and
A.17.3.3. The longest and the average time required to conduct an OWNER-
requested initial inspection.
A.17.4.Number of re-inspections conducted, including:
A.17.4.1. Number of such inspections which passed or failed;
- 16 -
• i I
A.17.4.2. Number of such inspections requested by an OWNER; and
A.17.4.3. The longest and the average time required to conduct an OWNER-
requested re-inspection.
A.17.5.Number of"Vacant Building Plans" received, reviewed, and the results thereof.
A.17.6.Number of appeals of"Vacant Building Plan" determinations received.
A.17.7.Number of Certificates of Compliance for Vacant Buildings issued.
A.17.8.Number of periodic inspections of VACANT BUILDINGS for compliance with
Certificate of Compliance for Vacant Buildings and associated"Vacant Building
Plans" and the results thereof.
Other like indicators as determined necessary to allow the City to monitor the
effectiveness of the firm and Ordinance G54-10.
- 17 -
• ,' •
EXHIBIT B
PROJECT SCHEDULE
B.1. Determine Vacant Bldgs 90 days from Date of Contract(DOC)
Establish Methodology to
Identify Future Vacant Bldgs 45 days from DOC
B.2. Notify Owners of Vacant Bldg
Determination 7 days after B.1. Complete
Notify City to Invoice Owners ($200) Initiate 15 days After Date of Notice of
Determination
Rebut Appeals of Vacant Bldg
Determinations wi/5 days of Receipt of Appeal
B.3. Process Registrations wi/10 days of Receipt of Registration
Enter Registration Info wi/City System
Verify & Maintain Insurance Requirements
Schedule Exterior & Interior Inspection
Notify City to Invoice Owners ($500) After Confirming Date/Time of Inspection
B.4. Conduct Initial Inspection wi/approximately 14 days of Receipt of
Registration
Send Owner Written Report including
Review, Modification (if necessary), and
Approval of Vacant Bldg Plans wi/30 days of Initial Inspection
Rebut Appeals of Vacant Bldg Plans wi/5 days of Receipt of Appeal
B.S. Conduct Re-Inspection(s) As Necessary until Compliance,
See Time Frames wi/Exhibit A
B.6. Conduct Compliance Insepctions < Every 45 days after Compliance
OFFICE&SHIPPING TECHNICAL CODE SERVICES, INC. Phone (847)490-1443
2401 W.Hassell Road,Suite 1550 Building&Fire Protection Plan Review Fax (847)490-1476
CORRESPONDENCETraining •Inspections • Code Consulting Toll Free 1-800-232-5523
P.U.Box 957645 Website N% .bftecbcs.com
Hoffman Estates,IL 60195 E-mail bftech@bftechcs.com
Cover Sheet
To: City of Elgin
Address: 150 Dexter Court,Elgin,IL 60120-5555
Date: . 9/26/11
Re: Signed Forms
From: B&F Technical Code Services: Ken Garrett
Number of Pages: 3 (including this sheet)
Comments:
If you have any questions,please contact Ken Garrett.
I
'? )R To MAYOR Z & MEMBERS OF CITY COUNCIL __._..._ E LG I N
THE CITY IN THE SUBURBS
AGENDA ITEM: E
MEETING DATE: September 14, 2011
ITEM:
Proposed Agreement with B & F Technical Code Services, Inc. to Administer and Enforce
Chapter 16.42, "Vacant Residential Buildings," of the Elgin Municipal Code, 1976.
(No Direct Cost to the City)
OBJECTIVE:
Identify, register, inspect and monitor vacant residential buildings to minimize the likelihood
that such buildings become a burden to neighboring properties and the city.
RECOMMENDATION:
Approval of the agreement with B & F Technical Code Services, Inc.
rBACKGROUND
F In November 2010, the city council approved an ordinance requiring the registration,
inspection, and upkeep of vacant residential buildings (see Attachment A). The city council
found, among other things, that vacant structures, if left unattended, are public nuisances in
that such properties may fall into disrepair, contribute to the decrease in value of surrounding
properties, precipitate disinvestment by neighboring owners, provide locations for criminal
activities and undermine and detract from the appearance and good order of specific
neighborhoods and the city at large. More so, the city council found that such structures
present increased fire, health, sanitation and safety hazards and may pose an extraordinary
danger to police officers, firefighters and code officials when entering the premises in response
to emergencies or in the normal course of their duties.
The ordinance requires the identification and registration of vacant residential buildings, an
initial interior and exterior inspection, proof of insurance and a maintenance plan, plus periodic
inspections to ensure responsible parties maintain compliance. There is a $200 annual
registration fee and a one-time $500 inspection fee.
Staff determined it does not have current capacity to conduct these additional inspections. The
program will minimally require two new code enforcement officers and some degree of
administrative assistance. The annual cost for two new code enforcement officers would
rexceed $160,000 and the city would have significant one-time costs, including a vehicle,
computer, uniforms and other such equipment and supplies. As such, staff issued a request for
X
proposals to determine whether a consultant could provide these services and, if so, at what
441)
cost.
OPERATIONAL ANALYSIS
Staff reviewed proposals from six consultants and interviewed the top three firms. B & F
Technical Code Services, Inc. (B & F) in Hoffman Estates was identified as the best qualified firm
to perform this service. For twenty years, B & F has provided plan reviews and building
inspections for municipalities using the International Code Council (ICC) family of codes.
However, B & F is different from other firms providing these services in that they also have
experience administering the International Property Maintenance Code (IPMC). In 2010, B & F
conducted over 8,000 inspections for compliance with the IPMC and issued over 500 tickets to
ensure compliance. Municipal clients for which the firm provides code enforcement services
include the city of West Chicago and villages of Fox Lake and Fox River Grove. Richard Piccolo,
President of B & F, is a "Master Code Professional"—the highest level of certification offered by
ICC—and the past-president of the Illinois Council of Code Administrators. Kenneth Garrett,
Vice President of B & F, is also a Master Code Professional. Eleven members of the B & F staff
are certified property maintenance inspectors.
Attached is the proposed agreement with B & F (See Attachment B). Pursuant to the
agreement, B & F would administer and enforce the city's vacant building ordinance. The scope
of services to be provided by B & F pursuant to the agreement may be summarized as follows:
1. Identify vacant residential buildings.
2. Notify owners of vacant residential buildings of the need to register said
buildings.
3. Arrange for and inspect the interior and exterior of vacant residential buildings in
accordance with the IPMC.
4. Review and approve plans of action for the repair, abatement of public nuisances,
and on-going maintenance of vacant residential buildings.
5. Re-inspect vacant residential buildings until structure complies with code.
6. Monitor vacant residential buildings following compliance to ensure compliance
is maintained.
7. Track and periodically report figures regarding specified workload indicators. In
addition to these performance reports, the agreement allows for the city to
monitor the location of all B & F vehicle assigned to the city via our Global
Positioning System (GPS) for any reason.
2
The agreement would be for an approximately two-year term commencing upon execution of
the agreement and ending December 31, 2013. The city may extend this agreement for an
additional year by providing written notice of its intent to B & F. The city also retains the right
to terminate the agreement at any time upon written notice to B & F.
INTERESTED PERSONS CONTACTED
None.
FINANCIAL ANALYSIS
In return for the above-described services, B & F would receive $94 for every vacant residential
building registered (the registration fee is $200) and $235 for every vacant residential building
at which it provides inspection services (the inspection fee is $500). The $235 inspection
payment to B & F covers the initial, all follow-up, and long-term compliance inspections. When
a property re-registers the next year, B & F would again receive $94 of the $200 registration
fee. The city is not responsible for the $94 registration payment to B & F unless the city first
receives payment from the party responsible for the vacant residential building registration.
Procedures will be established to ensure that the city receives payment of the inspection fee
prior to B & F conducting an inspection.
BUDGET IMPACT
FUND(S) ACCOUNT(S) PROJECT#(S) AMOUNT AMOUNT
BUDGETED AVAILABLE
N/A N/A N/A N/A N/A
LEGAL IMPACT
None.
ALTERNATIVES
The city council may reject the staff recommendation, direct staff to re-evaluate the submitted
proposals, and return with a different recommendation. Or, city council could direct staff to
allocate funding to hire additional fulltime personnel. Finally, city council could direct staff to
reduce or eliminate the obligations established by Chapter 16.42.
("6'
3
•
NEXT STEPS
1. Enter into the agreement with B & F.
2. Provide B & F with city data to assist with the identification of vacant residential
buildings.
Originators: Marc S. Mylott, AICP, Director of Community Development
Final Review: Colleen Lavery, Chief Financial Officer
William A. Cogley, Corporation Counsel/Chief Development Officer
Richard G. Kozal, Assistant City Manager/Chief Operating Officer
Sean R. Stegall, City Manager
ATTACH M E NTS
A. Ordinance G54-10, establishing Chapter 16.42 "Vacant Residential Buildings," of the
Elgin Municipal Code, 1976
B. Proposed Agreement with B & F Technical Code Services, Inc.
4
•
Ordinance No. G54-10
AN ORDINANCE
AMENDING TITLE 16 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED,
ENTITLED "BUILDINGS AND CONSTRUCTION," BY ADDING
A NEW CHAPTER 16.42, ENTITLED "VACANT RESIDENTIAL BUILDINGS"
WHEREAS, recent economic conditions have caused many homes in the City of Elgin to
be foreclosed, abandoned or otherwise vacant; and,
WHEREAS, vacant structures and properties, if left unattended, are public nuisances in
that such properties may fall into disrepair, contribute to the decrease in value of surrounding
properties, precipitate disinvestment by neighboring owners, provide locations for criminal
activities, undermine the aesthetic character of specific neighborhoods and the City of Elgin at
large, and have other undesirable effects; and,
WHEREAS, properties that remain vacant over an extended period of time are a
detriment to the public health, safety and welfare, in that such properties unreasonably interfere
with the reasonable and lawful use and enjoyment of other premises within the neighborhood,
present increased fire, health, sanitation and safety hazards, may pose an extraordinary danger to
police officers, firefighters and code officials when entering the premises in response to
emergencies or in the normal course of their duties, and detract from the appearance and good
order of specific neighborhoods and the City of Elgin at large; and,
WHEREAS, such properties are owned or controlled by individuals or other entities that
should be responsible for the maintenance and preservation of such properties; and,
WHEREAS, the registration of these vacant properties and the implementation of
maintenance and monitoring plans will discourage property owners and those responsible for
such properties from allowing their properties to remain vacant indefinitely, will help to prevent
these properties from becoming a burden to the residents and taxpayers of the City of Elgin, and
will facilitate the return of these properties to their intended use; and,
WHEREAS, the City of Elgin is a home rule unit pursuant to Article VII Section 6 of the
Illinois Constitution; and,
WHEREAS, as a home rule unit the City of Elgin may exercise any power and perform
any function pertaining to its government and affairs including, but not limited to, the power to
regulate for the protection of the public health, safety, morals and welfare, and the power to
abate public nuisances; and,
WHEREAS, an ordinance providing for the abatement of nuisances caused by vacant
properties, requiring the registration, inspection, maintenance, repair and rehabilitation of vacant
properties, and facilitating such properties subsequent occupancy, pertains to the government and
affairs of the City of Elgin and is in the best interest of the citizens of the City of Elgin.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That Title 16 of the Elgin Municipal Code, 1976, as amended, entitled
"Building and Construction" be and is hereby amended by adding a new Chapter 16.42 thereto,
entitled"Vacant Residential Buildings,"to read as follows:
Chapter 16.42
VACANT RESIDENTIAL BUILDINGS
Sections:
16.42.010 Declaration of Policy
16.42.020 Other Ordinances
16.42.030 Definitions
16.42.040 Vacant Building Determination
16.42.050 Appeal of Vacant Building Determination
16.42.060 Obligation to Register Vacant Buildings and Foreclosed Unoccupied
Buildings
16.42.070 Approval of Plan
16.42.080 Authority to Modify Plan; Right to Appeal
16.42.090 Failure to Comply with Plan
16.42.100 Other Enforcement
16.42.110 Real Estate Transfer Stamps
16.42.120 Certification
16.42.130 Time Restrictions; Vacant Buildings
16.42.140 Enforcement and Penalties
16.42.150 Severability
16.42.010 DECLARATION OF POLICY:
The purpose of this chapter is to protect the public health, safety, and welfare by enactment of
this chapter which:
A. Establishes a program for identification, registration, and regulation of residential buildings
which are or become"vacant"as defined herein; and,
B. Determines the responsibilities of owners of vacant residential buildings; and,
C. Provides for administration, enforcement, abatement of public nuisances, and the imposition of
penalties.
This chapter shall be liberally construed to affect its purposes.
•
16.42.020 OTHER ORDINANCES:
This chapter shall not be construed to prevent the enforcement of other applicable ordinances,
codes, legislation, and regulations which prescribe standards other than are provided herein.
When a provision of this chapter conflicts with any other provision of the Elgin Municipal Code,
1976, as amended, regulating the same subject matter, the more stringent or restrictive provision
shall apply.
16.42.030 DEFINITIONS:
Unless otherwise expressly stated or clearly indicated by the context, the following terms shall,
for the purpose of this chapter, have the meanings indicated in this section:
BOARDED BUILDING: A building that has had, in a manner intended to be temporary or
permanent, any or all of its openings covered by some material for the purpose of securing or
preventing access or damage to the building or its components, whether such material is opaque,
solid or transparent, and whether such material is affixed to the interior or exterior of the
building. For the purpose of this section, such openings shall include any doors, windows or
other openings that exist for the purpose of providing light, ventilation, ingress and egress to the
building or other access to a part or portion of the building.
BUILDING: Any residential structure, or portion thereof, containing one or more dwelling units
rib" used or intended to be used for human habitation.
DANGEROUS BUILDING:
A. Any building that is dangerous to the public health because of its construction or condition, or
which may cause or aid in the spread of disease or cause injury to the health of its occupants or to
neighboring structures;or,
B. Any building which, because of faulty construction, age, lack of proper repair or any other cause,
is especially liable to fire and constitutes or creates a fire hazard; or,
C. Any building, which, by reason of faulty construction,age or lack of repair is likely to collapse or
fall.
DIRECTOR: The Community Development Director, or his or her designee. All references to
the Director in this chapter shall be deemed to include the Community Development Director or
his or her designee.
DWELLING: A structure, or portion thereof, used for human habitation.
DWELLING UNIT: One or more rooms containing individualized cooking, sleeping and
sanitary facilities which is designated, occupied or intended for use by one household.
OWNER: Any person, agent, operator, firm, or corporation having a legal or equitable interest in
(Pk a property; or recorded in the official records of the State, county, or municipality as holding title
to the property; or otherwise having control of the property, including the guardian of the estate
of any such person, and the executor or administrator of the estate of such person if ordered to
take possession of real property by a court.
PERSON: Includes a corporation, a partnership, or other entity as well as an individual.
PREMISES: A lot, plot or parcel of land including any structures thereon.
PUBLIC NUISANCE: A "public nuisance"shall include the following:
A. Any physical condition or uses of any premises that is regarded as a public nuisance at common
law, under the Illinois Compiled Statutes, or under the Elgin Municipal Code, 1976, as amended;
or,
B. Any physical condition, use or occupancy of any premises or its appurtenances considered an
attractive nuisance to children, including, but not limited to, abandoned wells, shafts, basements,
excavations,swimming pools and unsafe fences or structures; or,
C. Any building that has unsanitary sewerage or plumbing facilities; or,
D. Any building designated by the Director as unsafe for human habitation or use; or,
E. Any building that constitutes a fire hazard, or is unsafe or insecure to a degree that endangers life,
limb or property; or,
F. Any premises that is unsanitary, or which is littered with rubbish or garbage, or which has an
uncontrolled growth of weeds; or,
G. Any building that is: in a state of dilapidation, deterioration or decay; improperly constructed;
unsecured; vacant and boarded; damaged by fire to the extent that it no longer provides shelter; in
danger of collapse or structural failure; or dangerous to anyone on or near the premises; or,
H. Any premises that contains evidence of unlawful activity to a degree that such activity may
endanger,threaten or otherwise negatively impact the users and value of adjacent premises; or,
I. Any building deemed to be a"dangerous building" under this section or a "dangerous structure"
under section 9.04.070 of the Elgin Municipal Code, 1976, as amended.
UNOCCUPIED BUILDING: A building or portion thereof which lacks the habitual presence of
human beings who have a legal right to be on the premises, including buildings ordered vacated
by the Director pursuant to authority granted to him by this code.
In determining whether a building is "unoccupied," the Director may consider these factors,
among others:
A. A building at which substantially all lawful residential or business activity has ceased.
B. The percentage of the overall square footage of occupied to unoccupied space or the
overall number of occupied and unoccupied units.
•
C. The building is substantially devoid of contents. The condition and value of fixtures or
personal property in the building are relevant to this determination.
D. The building lacks utility services, i.e., water, sewer, electric or natural gas.
E. The building is the subject of a foreclosure action.
F. The building is not actively for sale as part of a contractual agreement to sell the building.
G. The presence or recurrence of uncorrected code violations.
VACANT BUILDING: A building or portion of a building which is:
A. Unoccupied and unsecured; or,
B. Unoccupied and secured by boarding or other similar means for more than thirty (30)
days; or,
C. Unoccupied and a dangerous structure; or,
D. Unoccupied as a result of having been declared unsafe for occupancy by the Director
pursuant to applicable provisions of the Elgin Municipal Code, 1976, as amended; or,
E. Unoccupied and having multiple violations of the Elgin Municipal Code, 1976, as
amended; or,
F. Unoccupied and the building or its premises have been the site of unlawful activity at any
time while unoccupied, or at any time during the previous six (6) months whether
occupied or not; or,
G. Unoccupied as a result of having been condemned or declared unsafe for occupancy by
the Director and unlawfully occupied; or,
H. Unoccupied for over sixty (60) days and during which time the Director has issued an
order to correct public nuisance conditions and the same have not been corrected in a
code compliant manner; or,
I. Unoccupied and the subject of either pending mortgage foreclosure proceedings or
mortgage foreclosure proceedings that have been completed within the past two (2) years
and the building has not since been reoccupied.
J. Unoccupied for over one year.
r
But not including: 4111)
Unoccupied buildings which are undergoing construction, renovation, or rehabilitation and
which are in compliance with all applicable ordinances, codes, legislation, and regulations,
and for which construction, renovation or rehabilitation is proceeding diligently to
completion.
16.42.040 VACANT BUILDING DETERMINATION:
A. Within ninety (90) days after the effective date of this chapter, the Director shall evaluate
all buildings in the City that he or she believes to be unoccupied on or after the effective
date of this chapter and make a determination for each as to whether the building is a
"vacant building" within the meaning of section 16.42.030 of this chapter. For the
purposes of conducting this evaluation, the Director is authorized to enter upon any and
all premises and within any and all unsecured structures. The Director may determine
that a building which meets any of the criteria set forth in the definition of "vacant
building" in section 16.42.030 of this chapter is not to be regulated under this chapter for
a stated period, if upon consideration of reliable, substantiated and sufficient evidence, he
or she determines that the circumstances which give rise to the building being eligible for
regulation hereunder are clearly temporary in nature and are either in the process of being
addressed or will soon be addressed by the owner and that therefore regulation of the
building under this chapter would not serve the public health, welfare, and safety and
makes written findings in support of his or her decision. The determination shall be in
writing and shall state the factual basis for the determination. For buildings the Director 414)
determines to be "vacant buildings," he or she shall, within seven (7) days of making that
determination, send notice of his/her written determination with the factual findings to
the name and address of the last taxpayer of record for such parcel listed on the most
recent Kane County or Cook County tax roll. Said notice of determination shall be sent
first class United States mail, with proper postage prepaid. Failure of delivery shall not
excuse a person from complying with this chapter. The Director may personally serve or
cause personal service of the notice of determination. Any person making such service
shall execute an affidavit attesting to the facts of service. The Director shall maintain an
affidavit of such mailing for each notice of determination sent.
B. The Director shall cause an inspection of the interior of all "vacant buildings" to
determine compliance with City property maintenance, building, zoning, health, fire, life
safety, water and sewer codes. Said inspection shall also determine the existence of any
unlawful improvements to the property and any portions of the building, including attic
and basement areas,that appear to have been unlawfully occupied.
C. The notice of determination shall set a tentative date and time for the code compliance
inspection of the interior of the vacant building to determine the extent of compliance
with City property maintenance, building, zoning, health, fire, life safety, water and
sewer codes, and the existence of any unlawful improvements or occupancies. After
receipt of the notice of determination, if the owner does not appeal the determination, the
owner shall either confirm the tentative date for the inspection or shall schedule a new
•
date and time for same. If the owner fails to confirm the tentative date and time for the
inspection or refuses to schedule or permit the inspection within a reasonable time, the
City shall obtain an administrative search warrant to accomplish the inspection.
D. The City shall charge the owner a fee of five hundred dollars ($500.00) to offset the cost
to the City of said inspection. The owner shall pay the inspection fee to the City within
thirty(30) days of receipt of the bill for same.
E. City real estate transfer stamps will not be issued by the City for the sale of such property
until such inspection has taken place and the fee therefore has been paid and, if
necessary, an administrative search warrant for the same has been timely obtained.
F. The notice of determination shall contain a statement of the obligations of the owner of a
building determined to be a vacant building, a copy of the registration form the owner is
required to file pursuant to section 16.42.060 of this chapter, and a notice of the owner's
right to appeal the Director's determination.
16.42.050 APPEAL OF VACANT BUILDING DETERMINATION:
A. An owner of a building determined by the Director to be a vacant building as provided
for in this chapter may appeal that determination to the City Manager. Such appeal shall
be in writing and shall be filed with the City Manager within fifteen (15) days of the date
of mailing of the notice of determination. The filing of an appeal stays the owner's
obligation to register his or her building as required by section 16.42.060 of this chapter.
The appeal shall contain a complete statement of the reasons the owner disputes the
Director's determination, shall set forth specific facts in support thereof, and shall include
all evidence the owner relies upon to support the appeal. The City Manager or his or
designee shall decide the appeal on the basis of facts presented by the owner in his or her
written appeal and the Director's written determination.
B. The burden is upon the owner to present sufficient evidence to persuade the City
Manager that it is more likely than not that the subject building is not a "vacant building"
within the meaning of this chapter.
C. The City Manager his or her designee shall send written notice of his or her decision to
the owner within ten (10) days of his or her receipt of the appeal. The City Manager
may, but is not required to, seek additional information from the owner. The City
Manager may, upon written notice thereof to the owner, take ten (10) additional days, to
decide the appeal if he or she determines that such additional time is required for
consideration of the appeal.
D. An owner who wishes to challenge applicability of this chapter to his/her building prior
to the Director's determination having been made shall set forth specific facts to support
inapplicability in a writing to the Director. In the event the Director determines that the
subject building is a "vacant building," the owner shall have the right to appeal the
Director's determination to the City Manager as provided for herein.
•
E. If the City Manager, or his or her designee, fails to grant or deny an appeal within the
time periods set forth in this section 16.42.050,the appeal shall be deemed denied.
F. All references to the City Manager in this chapter shall be deemed to include the City
Manager or his or her designee.
16.42.060 OBLIGATION TO REGISTER VACANT BUILDINGS AND FORECLOSED
UNOCCUPIED BUILDINGS
Owners of "vacant buildings" and mortgage lenders who acquire title to unoccupied buildings
shall be required to register the same with the Director as prescribed below:
A. Owner's Obligation To Register Vacant Buildings: The owner of a building that the
Director has determined to be a "vacant building," or the owner of a building whose
appeal from the Director's determination has been denied by the City Manager, or the
owner of a building who knows, or from all the facts and circumstances should know,
that his or her building is or has become a "vacant building" within the meaning of this
chapter, shall take the actions provided for in this section within fifteen (15) days after
either the date of Director's notice of determination, the denial of the owner's appeal, or
the occurrence of facts that would cause a reasonable person to believe that the building
was a"vacant building."
1. Registration of Building: The owner of a "vacant building" shall be required to
register the building with the Director on a form provided by the Director and pay a
two hundred dollar($200.00) annual non-prorated vacant building registration fee.
a. The form shall include, as a minimum, the name, street address, and telephone
number of the owner; the case name and number of any litigation pending
concerning or affecting the building, including bankruptcy cases; and the name,
street address, and telephone number of all persons with any legal, equitable or
beneficial interest in the building or the premises. The form shall require the
owner to identify and authorize a natural person twenty-one (21) years of age or
older who maintains a permanent address in the county in which the property is
located to accept service on behalf of the owner with respect to any notices the
Director sends pursuant to this chapter or service of process in any proceeding
commenced to enforce any provision of this chapter, and file with the Director on
the registration form, the name, address, telephone number, of said person. A
street address is required; a post office box is not an acceptable address.
b. The form shall state that the owner, by affixing his or her signature, is advised
that the City will not issue real estate transfer stamps without City inspectors
having first conducted an interior inspection for code compliance.
c. The form shall require the owner to:
•
(1) Indicate his or her"Acceptance of Notice by Posting" consenting to service of
notices sent or required to be sent, pursuant to this chapter, by posting on the
building if the owner fails to renew the registration if required, or maintain as
current with the Director the information required regarding the person
designated and authorized to accept notice and service of process;
(2) Renew the vacant building registration each year on the anniversary date of
the first filing for the time the building remains vacant and pay the required
two hundred dollar($200.00) annual fee; and,
(3) File an amended registration within fifteen (15) days of any change in the
information contained in the annual registration. A new registration is
required for any change in ownership whatsoever.
d. Registration does not exonerate the owner from compliance with all applicable
codes and ordinances, including this chapter, nor does it preclude any of the
actions that the City is authorized to take pursuant to this chapter or elsewhere in
the Elgin Municipal Code, 1976, as amended.
2. Inspection Conducted: The City shall conduct a comprehensive code compliance
inspection of the interior of the vacant building and the owner shall pay a five
hundred dollar ($500.00) fee to the City to defray the City's cost of same within thirty
(30) days of the inspection. Such inspection will determine the extent of compliance
with City property maintenance, building, zoning, health, fire, life safety, water and
sewer codes. Said inspection shall also determine the existence of any unlawful
improvements to the property and any portions of the building, including attic and
basement areas, that appear to have been unlawfully occupied. The City shall send
the inspection report to the owner within thirty (30) days. The inspection report shall
include a reasonable date by which code compliance shall be required, and periodic
reinspections shall take place, as necessary, until code compliance is achieved.
3. Insurance Required: The owner shall obtain liability insurance and maintain such
insurance for as long as the building is vacant, and file evidence of such insurance
with the Director, as follows: five hundred thousand dollars ($500,000.00) for a
vacant residential building of one (I) to three (3) units; seven hundred fifty thousand
dollars ($750,000.00) for a vacant residential building of four (4) to eleven (11) units;
one million dollars ($1,000,000.00) for a vacant residential building of twelve (12) to
forty eight (48) units; two million dollars ($2,000,000.00) for a vacant residential
building of more than forty eight (48) units; and two million dollars ($2,000,000.00)
for a vacant manufacturing, industrial, storage, or nonresidential commercial
building.
4. Vacant Building Plan: At the time a building is registered as required herein, the
owner shall submit a vacant building plan. The Director may prescribe a form for the
plan. If the owner fails to submit the plan as provided for by this chapter, the
rhk Director may determine the plan. The plan shall contain the following as a minimum:
a. A plan of action to repair any doors, windows, or other openings which are
boarded up or otherwise secured or covered by any means other than conventional
methods used in the design of the building or permitted for new construction or
similar type. The proposed repair shall result in openings being secured by
conventional methods used in the design of the building or by methods permitted
for new construction of similar type with board removed. Boarding shall be
accomplished with materials and methods described by the Director and available
from the Director. The owner shall maintain the building in an enclosed and
secure state until the building is reoccupied or made available for immediate
occupancy. If the owner demonstrates that securing of the building will provide
adequate protection to the public, the Director may waive the requirement of an
enclosure.
b. For buildings and/or premises which are determined by the Director as being or
containing public nuisances, as defined in section 16.42.030 of this chapter, then
the vacant building/ premises plan shall contain a plan of action to remedy such
public nuisance(s).
c. A time schedule identifying a date of commencement of repair and date of
completion of repair for each improperly secured opening and nuisance identified
by the Director.
d. When the owner proposes to demolish the vacant building, then the owner shall
submit a plan and time schedule for such demolition. The owner shall insure all
•necessary permits and approvals are obtained prior to commencing demolition.
e. A plan of action to maintain the building and/or premises thereof in conformance
with this chapter.
f. A plan of action, with a time schedule, identifying the date the building will be
habitable and occupied or offered for occupancy or sale. The time schedule shall
include date(s) of commencement and completion of all actions required to
achieve habitability. No plan which fails to provide for compliance with this
chapter or, which will not, as determined by the Director, achieve such
compliance, within thirty (30) days, in the case of a vacant boarded building, and
within one year, in the case of a vacant, unboarded, and code compliant building
will be approved, except that the Director may approve an extension of the time
during which the building will be unoccupied beyond one year to a date certain
but then only based upon clear and documented evidence of good cause shown by
the owner as determined by the Director.
g. All premises upon which unoccupied or vacant buildings are located and the
exteriors shall at all times be maintained in compliance with the Elgin Municipal
Code, 1976, as amended, including, but not limited to,the following:
4)
rik.
(1) Interior: All interior structures shall be maintained in a clean, safe, secure and
sanitary condition. Special attention shall be made to utilities and, if
applicable, sump pumps and other related devices shall be kept operational.
Winterization of structures shall be completed as necessary.
(2) Exterior: All exterior structures and property shall be maintained and kept free
of items that give the appearance that the property is abandoned, including,
but not limited to, overgrown and/or dead vegetation, accumulation of
newspapers, circulars, flyers and/or mail, past due utility notices and/or
disconnected utilities, or the accumulation of junk or debris.
h. Exterior lighting shall be maintained according to standards established by the
Director and available from the Director.
i. All ground floor windows facing street frontage, including, but not limited to, all
display windows in unoccupied or vacant commercial buildings shall be kept in a
well maintained and clean condition and shall be covered on the interior side in a
professionally finished manner with an opaque window covering material
manufactured for that purpose and approved by the Director, or in the case of
display windows, such windows shall be kept in a well maintained and clean
condition and the display area shall be enclosed with a professionally finished
backdrop, floor, side walls and ceiling all of which shall be kept in a well
r maintained and clean condition and shall be well lighted from ten o'clock (10:00)
A.M. to ten o'clock (10:00) P.M. each day. Photographs, paintings and other
works of art or other tasteful forms of decoration may be professionally displayed
in these properly enclosed clear glass display windows. If opaque window
covering material is used, a one foot by one foot (1' x 1') clear glass opening
through which the interior space is clearly visible shall be maintained at standing
eye level along one edge of one such window.
5. Security Guard Service: On written notice of the Director, or as required within an
approved vacant building plan, the owner shall provide bonded, licensed, and insured
security guard service at the building between the hours of three o'clock (3:00) P.M.
and eight o'clock (8:00) A.M. Such service to remain in place until the Director gives
written notice that the service is no longer required. Such service shall be required
when the Director makes a written determination that the vacant building constitutes a
fire hazard, is otherwise dangerous to human life or the public welfare, involves
illegal or improper use, occupancy, or maintenance, under such conditions that
securing the building is insufficient to prevent the actual or threatened harm.
6. Additional Information Posted: Affix to any building which is boarded, a
weatherproof eight and one-half(8.5) inch by eleven (11) inch sign which provides
the following information: the name, address, and telephone number of the owner, the
name, address and telephone number of the person authorized to accept notice and
service of process and in addition, for buildings which are the subject of a foreclosure
raction, the name, address, and telephone number of the plaintiff and the plaintiff s
.
attorney, if any, in the foreclosure action. The sign must be placed so that its message
is legible from the public way.
B. Mortgage Lender's Obligation to Register Unoccupied Buildings Acquired through
Mortgage Foreclosure: The obligation to register buildings shall extend to mortgage
lenders that have obtained title to unoccupied buildings through a mortgage foreclosure
action.
1. Mortgage lenders shall register unoccupied buildings with the Director within fifteen
(15) days of the date it knew or should have known that the building was unoccupied
after the initiation of mortgage foreclosure proceedings, or within fifteen days of
obtaining title to same.
2. Mortgage lenders obtaining title to properties containing an unoccupied building shall
comply with all of the requirements of this chapter with respect to ownership of
vacant buildings.
3. An amended registration form shall be filed in accordance with subsection
16.42.060.A.1.c(3) of this section within fifteen (15) days of any change in the
information provided in any registration form provided hereunder.
16.42.070 APPROVAL OF PLAN:
A. Review of Vacant Building Plan: The Director shall review the proposed vacant building
plan in accordance with the standards below. The Director shall send notice to the owner
of the vacant building of his or her determination.
B. Standards For Vacant Building Plan Approval: In considering the appropriateness of a
vacant building plan, the Director shall include the following in his or her consideration
and shall make written findings as to each:
1. The purposes of this chapter and intent of the City Council to minimize the time a
building is boarded or otherwise vacant.
2. The effect of the building and the proposed plan on adjoining property.
3. The length of time the building has been vacant.
4. The presence of any public nuisances on the property.
5. The likelihood that the plan or portion(s) thereof will prevent or ameliorate the
condition it is designed to address.
16.42.080 AUTHORITY TO MODIFY PLAN; RIGHT TO APPEAL:
The Director shall, upon notice to the vacant building owner, have the right to modify the vacant
building plan by modifying the dates of performance, the proposed methods of action, or by
imposing additional requirements consistent with this chapter he or she deems necessary to
protect the public health, safety, or welfare. The owner may appeal the Director's determination
under this section by filing an appeal in writing with the City Manager within fifteen (15) days
from the date of mailing such a determination. Appeals under this section shall be reviewed in
accordance with the procedures set forth in section 16.42.050.
16.42.090 FAILURE TO COMPLY WITH PLAN:
Failure to have an approved vacant building plan within thirty (30) days of filing the registration
form or failure to comply with the approved plan shall constitute a violation of this chapter
subjecting the owner of the building to penalties as provided in this chapter and to any remedies
the City may avail itself of as provided for herein and elsewhere in the Elgin Municipal Code,
1976, as amended, including, but not limited to, an action to compel correction of property
maintenance violations.
16.42.100 OTHER ENFORCEMENT:
The registration of a vacant building shall not preclude action by the City to demolish or to take
other action against the building pursuant to other provisions of this chapter, the Elgin Municipal
Code, 1976, as amended, or other applicable legislation.
16.42.110 REAL ESTATE TRANSFER STAMPS:
A premises upon which is situated a vacant building for which a code compliance inspection has
not been conducted, or for which inspection fees or registration fees imposed pursuant to this
chapter have not been paid in full, or which is not otherwise eligible under this chapter for the
City real estate transfer stamps shall not be permitted to acquire same until such inspection has
been conducted, all fees are paid and/or the eligibility issues are addressed. Unpaid fees shall be
a lien upon the property.
16.42.120 CERTIFICATION:
A Certificate of Code Compliance for Vacant Buildings issued by the Department of Code
Administration and payment in full of all fees imposed pursuant to this chapter are required prior
to any occupancy of a vacant building.
16.42.130 TIME RESTRICTIONS FOR BOARDED BUILDINGS:
Boarded buildings are declared to be a public nuisance. Boarding is only a temporary solution to
prevent unauthorized entry into a vacant building. A vacant building may not remain boarded
longer than thirty (30) days unless an extension of that time is part of a plan approved by the
Director.
16.42.140 ENFORCEMENT AND PENALTIES: 41/11)
A. Any person found to have violated any provision of this chapter shall be subject to a
minimum fine of one hundred dollars ($100.00) per day per violation to a maximum of
seven hundred fifty dollars ($750.00) per day per violation, in addition to any other legal
or equitable remedies available to the City. Such other remedies include, but are not
limited to, injunctive relief, application to a court of competent jurisdiction for a receiver,
demolition, or condemnation, contracting for the repair or purchase of the premises, or
foreclosure of any lien the City may have thereon.
B. A separate and distinct offense shall be committed each day on which such person or
persons shall violate the provisions of this chapter.
C. The City may enforce this chapter in its Administrative Adjudication System or through
filing an appropriate action in the Circuit Court for the Sixteenth Judicial Circuit, Kane
County, Illinois, or the Circuit Court of Cook County, Illinois.
D. Nothing herein contained shall prohibit the City from immediately condemning as
provided for in the Elgin Municipal Code, 1976, as amended, a building or taking other
immediate action upon a determination that the building is a public nuisance or poses an
imminent danger to the occupants of the building, or the public, health, safety and
welfare.
16.42.150 SEVERABILITY:
If any provision, clause, sentence, paragraph, section or part of this chapter or application thereof
to any person or circumstance, shall for any reason be adjudged by a court of competent
jurisdiction to be unconstitutional or invalid, said judgment shall not affect, impair or invalidate
the remainder of this chapter and the application of such provision to other persons or
circumstances shall be confined in its operation to the provision, clause, sentence, paragraph,
section or part thereof directly involved in the controversy in which such judgment shall have
been rendered and to the person or circumstances involved. It is hereby declared to be the
legislative intent of the city council that this chapter would have been adopted had such
constitutional or invalid provisions, clause, sentence, paragraph, section or part thereof not been
included.
Section 2. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed.
Section 3. That this ordinance shall be in full force and effect on and after April 1, 2011,
upon its passage and publication in the manner provided by law.
s/Ed Schock
Ed Schock, Mayor
Presented: November 17, 2010
Passed: November 17, 2010
Vote: Yeas: 7 Nays: 0
Recorded:November 17, 2010
Published:November 19, 2010
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
r
AGREEMENT
THIS AGREEMENT is made and entered into this day of , 2011, by and
between the CITY OF ELGIN,an Illinois municipal corporation(hereinafter referred to as"CITY")
and B & F Technical Code Services, Inc., an Illinois corporation (hereinafter referred to as
"CONTRACTOR").
WHEREAS,the CITY desires to engage the CONTRACTOR to furnish certain inspection
services and other services in connection with the CITY's administration and enforcement of its
vacant residential buildings ordinance, as set forth in Chapter 16.42 of the Elgin Municipal Code,
1976, as amended(hereinafter referred to as the "PROJECT"); and
WHEREAS, the CONTRACTOR represents that it is in compliance with Illinois Statutes
relating to registration and training of individuals and has the necessary expertise and experience to
furnish such services upon the terms and conditions set forth herein below.
NOW,THEREFORE,it is hereby agreed by and between the CITY and the CONTRACTOR
that the CITY does hereby retain the CONTRACTOR for and in consideration of the mutual
promises and covenants contained herein, the sufficiency of which is hereby acknowledged to
perform the services relating to the PROJECT as described herein,subject to the following terms and
conditions and stipulations,to-wit:
1. SCOPE OF SERVICES
A. All work hereunder shall be performed under the direction of the Community
Development Director of the CITY or his designee, herein after referred to as the
"DIRECTOR".
B. The CONTRACTOR shall provide the services to the CITY relating to the PROJECT
and the administration and enforcement of the CITY's vacant residential buildings
ordinances provided in Chapter 16.42 of the Elgin Municipal Code, 1976, as
amended, as set forth in the Scope of Services attached hereto and made a part
hereof as Exhibit A.
2. PROGRESS REPORTS
A project schedule for the PROJECT is attached hereto and made a part hereof as Exhibit B.
On or before the seventh (7th) day of each month, the CONTRACTOR shall submit to the
DIRECTOR a Progress Report. Said Report shall consist of a brief narrative that describes
the progress of the PROJECT against the project schedule (Exhibit B) and identifies any
pending, unresolved, and/or outstanding issues,especially as they may related to continued
implementation of the PROJECT or advancing the purposes of Chapter 16.42. Said
evaluation shall also include a report regarding Workload Indicators as required within the
Scope of Services (Exhibit A, Section A.17.).
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3. WORK PRODUCT
All work product prepared by the CONTRACTOR pursuant hereto including,but not limited
to,reports,citations,notes,plans,designs,calculations,work drawings,studies,photographs,
models and recommendations shall be the property of the CITY and shall be delivered to the
CITY upon request of the DIRECTOR; provided, however, that the CONTRACTOR may
retain copies of such work product for its records. CONTRACTOR's execution of this
Agreement shall constitute CONTRACTOR's conveyance and assignment of all right,title
and interest, including but not limited to any copyright interest, by the CONTRACTOR to
the CITY of all such work product prepared by the CONTRACTOR pursuant to this
Agreement. The CITY shall have the right either on its own or through such other
consultants as determined by the CITY to utilize and/or amend such work product. Any such
amendment to such work product shall be at the sole risk of the CITY.
4. PAYMENTS TO THE CONTRACTOR
A. For services provided by the CONTRACTOR to the CITY pursuant to this
Agreement,the CITY shall pay the CONTRACTOR as follows:
(i) $94.00 for each vacant building registration fee received by the CITY from a
registered vacant building pursuant to Elgin Municipal Code Section
elk 16.42.060A1.
(ii) $235.00 for each inspection conducted on a vacant building pursuant to Elgin
Municipal Code Section 16.42.060A2. Such inspection fee to be paid to the
CONSULTANT shall provide the compensation for work related to both the
initial inspection and the periodic re-inspections, as necessary, until code
compliance is achieved.
(iii) $70.00 per hour for court time in excess of eight(8) hours per month.
B. The CITY shall make periodic payments to the CONTRACTOR based upon actual
progress within thirty (30) days after receiving proof of an invoice.
5. INVOICES
A. No more than once per month,the CONTRACTOR shall submit invoices in a format
approved by the CITY. Progress Reports (2 above) shall be included with all
payment requests.
B. The CONTRACTOR shall maintain records showing actual time devoted and cost
incurred. The CONTRACTOR shall permit the DIRECTOR or any other authorized
representative of the CITY to inspect and audit all data and records of the
CONTRACTOR for work done under this Agreement. The CONTRACTOR shall
make these records available at reasonable times during the Agreement period and for
one (1) year after termination of this Agreement.
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1 l
6. TERMINATION OF AGREEMENT
Notwithstanding any other provision hereof,the CITY may terminate this Agreement at any
time upon fifteen(15)days prior written notice to the CON TRACTOR.In the event that this
Agreement is so terminated, the CONTRACTOR shall be paid for services actually
performed prior to termination in accordance with the amounts set forth under Paragraph 4
above.
7. TERM
This Agreement shall become effective as of the entry into and execution of this Agreement
by the CONTRACTOR and the CITY and, unless terminated for cause, or pursuant to
paragraph 6, shall continue through December 31, 2013. The CITY, at its option,may also
extend this Agreement on the same terms and conditions for an additional one(1)year term
from January 1,2014,through December 31,2014,by providing the CONSULTANT written
notice thereof on or before November 1,2013.
8. NATURE OF SERVICES
It is agreed and understood that the undertakings of the CONTRACTOR on behalf of the
CITY pursuant to this Agreement are general services only and that no special duties or
obligations to third parties are intended or shall be deemed or construed to be created by this
Agreement. It is further agreed and understood that this Agreement is not intended nor shall
be construed to alter, limit or constitute a waiver of any civil immunities afforded the CITY
and/or its employees pursuant to the Local Governmental Tort Immunity Act at 745 ILCS
10/1-101,et seq., as amended,or as otherwise provided by law,it being agreed that all of the
civil immunities as set forth in such Act,as amended,or as otherwise provided by law,shall
fully apply to any claims asserted or which might be asserted against the CITY and/or its
employees as a result of the services to be provided by the CONTRACTOR pursuant to this
Agreement, as a result of this Agreement or otherwise.
9. BREACH OF CONTRACT
If either 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. Notwithstanding the foregoing,or anything else to the
contrary in this Agreement, with the sole exception of an action to recover the monies the
CITY has agreed to pay to the CONTRACTOR pursuant to Paragraph 4 hereof, no action
shall be commenced by the CONTRACTOR against the CITY for monetary damages.
CONTRACTOR hereby further waives any and all claims to interest on money claimed to be
due pursuant to this Agreement,and waives any and all such rights to interest which it claims
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it may otherwise be entitled pursuant to law, including, but not limited to, the Local
Government Prompt Payment Act, as amended, (50 ILCS 501/1, et seq.) or the Illinois
Interest Act,as amended(815 ILCS 205/1,et seq.). The parties hereto further agree that any
action by the CONTRACTOR arising out of this AGREEMENT must be filed within one(1)
year of the date the alleged cause of action arose or the same will be time-barred.
10. INDEMNIFICATION
To the fullest extent permitted by law, CONTRACTOR agrees to and shall indemnify,
defend and hold harmless the CITY, its 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 the CONTRACTOR in connection
herewith,including negligence or omissions of employees or agents of the CONTRACTOR
arising out of the performance of this Agreement. In the event of any action 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 expiration,completion
and/or termination of this Agreement.
11. 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.
12. INSURANCE
A. Comprehensive Liability. The CON TRACTOR 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 CONTRACTOR shall deliver to the DIRECTOR a Certificate 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 DIRECTOR.
The Certificate of Insurance shall include the contractual obligation assumed by the
CONTRACTOR under Paragraph 10 entitled "Indemnification".
This insurance shall be primary and non-contributory 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.
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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 bodily injury and/or property damage.
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
$1,000,000 per occurrence subject to a $1,000,000 aggregate.
D. Professional Liability. The CONTRACTOR shall carry CONTRACTOR's
Professional Liability Insurance covering claims resulting from error, omissions or
negligent acts with a combined single limit of not less than$1,000,000 per claim.A
Certificate of Insurance shall be submitted to the DIRECTOR as evidence of
insurance protection. The policy shall not be modified or terminated without thirty
(30)days prior written notice to the DIRECTOR.
13. MONITORING OF CONTRACTOR VEHICLES
CONTRACTOR agrees to permit the CITY to monitor the CONTRACTOR's vehicles used
in connection with providing the inspection and other services to the CITY pursuant to this
Agreement. In connection therewith,the CONTRACTOR shall permit the CITY,through
the CITY's agents,to install Global Positioning Satellite("GPS")monitoring devices on the
CONTRACTOR's vehicles to be utilized by the CONTRACTOR and its employees in
connection with providing the services to the CITY pursuant to this Agreement. It is further
agreed and understood that the CITY may use any such GPS data for any and all purposes as
determined by the CITY, including, but not limited to, to monitor and evaluate
CONTRACTOR's performance of this Agreement and that CONTRACTOR, on behalf of
itself, its officers, employees and agents, expressly agrees to same.
14. 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. 48111)
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•
15. 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 the CITY may withhold in its sole
discretion.
16. DELEGATIONS AND SUBCONTRACTORS
Any assignment,delegation or subcontracting shall be subject to all the terms,conditions and
other provisions of this Agreement and the CONTRACTOR shall remain liable to the CITY
with respect to each and every item,condition and other provision hereof to the same extent
that the CONTRACTOR 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 the CITY's advanced written approval.
17. 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. It is agreed and
understood that the CONTRACTOR is serving in the status as an independent contractor of
the CITY.
18. 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.
19. 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.
20. 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 amendment hereof, or change order as herein provided.
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21. 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.
22. NEWS RELEASES
The CONTRACTOR may not issue any news releases without prior approval from the
DIRECTOR, nor will the CONTRACTOR make public statements relating to this
Agreement without prior written approval from the DIRECTOR prior to said matters
becoming matters of public record.
23. COOPERATION WITH OTHER CONTRACTORS
The CONTRACTOR shall cooperate with any other contractors in the CITY's employ or
persons or any work associated with the PROJECT.
24. INTERFERENCE WITH PUBLIC CONTRACTING
The CONTRACTOR 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.
25. SEXUAL HARASSMENT
As a condition of this contract, the CONTRACTOR 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.
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` . •
A copy of the policies shall be provided by CONTRACTOR to the Department of Human
Rights upon request 775 ILCS 5/2-105.
26. SUBSTANCE ABUSE PROGRAM.
As a condition of this agreement, CONTRACTOR shall have in place a written substance
abuse prevention program which meets or exceeds the program requirements in the
Substance Abuse Prevention Public Works Project Act at 820 ILCS 265/1 et seq. A copy of
such policy shall be provided to the City's Assistant City Manager prior to the entry into and
execution of this agreement.
27. WRITTEN COMMUNICATIONS
All recommendations and other communications by the CONTRACTOR to the DIRECTOR
and to other participants which may affect cost or time of completion, shall be made or
confirmed in writing. The DIRECTOR may also require other recommendations and
communications by the CONTRACTOR be made or confirmed in writing.
28. 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 the CITY:
Marc Mylott, Community Development 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 the CONTRACTOR:
Wanda Piccolo, CEO and Owner
B &F Technical Code Services, Inc.
2041 W. Hassell Road, Suite 1550
Hoffman Estates, Illinois 60169
("h.
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a
29. SCREENING OF CONTRACTOR'S EMPLOYEES 414)
CONTRACTOR's inspectors assigned to the PROJECT pursuant to this AGREEMENT
shall,prior to performing services hereunder,undergo a criminal history background check
and drug screening examinations in the manner performed on new employees of the CITY.
CONTRACTOR and its employees shall sign the necessary forms to allow the CITY to
perform such criminal history background checks and drug screening examinations. The
CITY reserves the right to reject any proposed inspectors of the CONTRACTOR based on
the results of such criminal history background checks and drug screening examinations.
30. COMPLIANCE WITH LAWS
Notwithstanding any other provision of this AGREEMENT it is expressly agreed and
understood that in connection with the performance of this AGREEMENT that the
CON TRACTOR shall comply with all applicable federal,state,city and other requirements
of law, including,but not limited to,any applicable requirements regarding prevailing wages,
minimum wage, workplace safety and legal status of employees. Without limiting the
foregoing, CONTRACTOR hereby certifies, represents and warrants to the CITY that all
CONTRACTOR's employees and/or agents who will be providing products and/or services
with respect to this AGREEMENT shall be legal residents of the United States.
CONTRACTOR shall also at its expense secure all permits and licenses,pay all charges and
fees and give all notices necessary and incident to the due and lawful prosecution of the
work, and/or the products and/or services to be provided for in this AGREEMENT. The
CITY shall have the right to audit any records in the possession or control of the
CONTRACTOR to determine CONTRACTOR's compliance with the provisions of this
paragraph. In the event the CITY proceeds with such an audit the CONTRACTOR shall
make available to the CITY the CONTRACTOR's relevant records at no cost to the CITY.
CONTRACTOR shall pay any and all costs associated with any such audit.
[SIGNATURE PAGE FOLLOWS]
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•
riPk
IN WITNESS WHEREOF,the parties hereto have entered into and executed this agreement
effective as of the date and year first written above.
CITY OF ELGIN:
By:
Sean Stegall, City Manager
Attest:
City Clerk
CONTRACTOR:
By:
Name/Print:
Title:
f:\legal dept\agreement\consultant agreement-b f technical code services clean-wac doc
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EXHIBIT A
SCOPE OF SERVICES
A.1. When used within this Exhibit A,and as established by Chapter 16.42 of the Elgin Municipal
Code, 1976, as amended,the words below shall have the meaning immediately following
said word. Where these words appear within this Exhibit A, they appear in all uppercase
letters.
A.1.1. BUILDING: Any residential structure, or portion thereof, containing one or more
dwelling units used or intended to be used for human habitation.
A.1.2. OWNER: Any person, agent, operator, firm, or corporation having a legal or
equitable interest in a property; or recorded in the official records of the State,
county,or municipality as holding title to the property;or otherwise having control of
the property,including the guardian of the estate of any such person,and the executor
or administrator of the estate of such person if ordered to take possession of real
property by a court.
.3. VACANT BUILDING: A building or portion of a building which is:
f•x C) A.1.3.1. Unoccupied and unsecured; or,
A.1.3.2. Unoccupied and secured by boarding or other similar means for more
0‘.t, than thirty(30)days; or,
A.1.3.3. Unoccupied and a dangerous structure; or,
•
• A.1.3.4. Unoccupied as a result of havingbeen declared unsafe for occupancy
p�
by the Director pursuant to applicable provisions of the Elgin
Municipal Code, 1976, as amended; or,
10;
A.1.3.5. Unoccupied and having multiple violations of the Elgin Municipal
Code, 1976, as amended; or,
A.1.3.6. Unoccupied and the building or its premises have been the site of
unlawful activity at any time while unoccupied,or at any time during
the previous six (6) months whether occupied or not; or,
,tp_P .64 A 1.3.7. Unoccupied as a result of having been condemned or declared unsafe
4,r for occupancy by the Director and unlawfully occupied; or,
A.1. .:. Unoccupied for over sixty (60) days and during which time the
Director has issued an order to correct public nuisance conditions and
j`\ J, ) the same have not been corrected in a code compliant manner; or,
f i
A.1.3.9. Unoccupied and the subject of either pending mortgage foreclosure
proceedings or mortgage foreclosure proceedings that have been
completed within the past two(2)years and the building has not since
been reoccupied.
A.1.3.10. Unoccupied for over one year.
A.1.3.11. But not including unoccupied buildings which are undergoing
construction, renovation, or rehabilitation and which are in
compliance with all applicable ordinances, codes, legislation, and
regulations,and for which construction,renovation or rehabilitation is
proceeding diligently to completion.
A.2. CONTRACTOR shall determine which BUILDINGS are VACANT BUILDINGS and
establish and implement a methodology approved by the DIRECTOR that regularly reviews
BUILDINGS to quickly and effectively identify and process BUILDINGS as they become
VACANT BUILDINGS.
A.2.1. In the form of a report to the DIRECTOR, CONTRACTOR shall provide its initial
determination of VACANT BUILDINGS within 90 days of the date the contract is
awarded(hereinafter referred to as the "resulting contract").
A.2.2. CONTRACTOR shall be responsible, at its cost, for making any necessary
contractual and financial arrangements with third-party data providers if
CONTRACTOR suggests that such data is integral to determining VACANT
BUILDINGS.
A.2.3. When available, the City shall provide data to CONTRACTOR, provided
CONTRACTOR signs a release acknowledging that it will use the data for the sole
purpose of providing these determinations.
A.2.4. When requested, the City shall provide written consent and/or verification of the
request to other public agencies for the purpose of securing data whose sole purpose
is providing these determinations.
A.3. CON TRACTOR shall identify and notify OWNERS of VACANT BUILDINGS to register
with the CITY. CONTRACTOR shall enter OWNER information into City code
enforcement software.
A.4. CONTRACTOR shall advise the City as to which OWNERS the City shall invoice for
registration services.
A.S. CONTRACTOR shall provide documentation rebutting appeals of VACANT BUILDING
determinations, if any,to the City Manager or his or her designee.
A.6. CONTRACTOR shall review,draft proposed modifications,and submit recommendations to
DIRECTOR with respect to the approval and/or disapproval of appropriate plans of action
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for the repair,abatement of public nuisances,and on-going maintenance of each VACANT
BUILDING (hereinafter referred to as "Vacant Building Plans").
A.7. CONTRACTOR shall provide documentation rebutting appeals of modified "Vacant
Building Plans", if any,to the City Manager or his or her designee.
A.8. CONTRACTOR shall verify and maintain records of conformance with insurance
requirements for VACANT BUILDINGS.
A.9. CONTRACTOR shall schedule and conduct exterior and interior inspections of VACANT
BUILDINGS.
A.9.1. CONTRACTOR shall be responsible for contacting OWNERS and scheduling,
conducting, and recording (on paper and electronically) inspections of VACANT
BUILDINGS.
A.9.2. CONTRACTOR shall conduct inspections in accordance with City Code and the
applicable International Property Maintenance Code (including its referenced
standards) as adopted and amended from time to time by the City of Elgin, all of
which is hereinafter termed"applicable codes".
A.9.3. CONTRACTOR shall provide the training necessary to ensure that all inspectors
have sufficient knowledge of the "applicable codes" and current methods of
inspection.
A.9.4. CONTRACTOR must provide transportation for its employees and furnish the
necessary tools and equipment for use in conducting routine inspections of VACANT
BUILDINGS, which includes but may not be limited to the following:
A.9.4.1. A flashlight with a nonconductive case for inspecting building
systems in locations where sufficient natural or artificial light is not
available.
A.9.4.2. A nonconductive safety hat.
A.9.4.3. Safety shoes.
A.9.4.4. A digital camera with the date and time stamp feature engaged.
A.9.4.5. A copy of the applicable ordinances and regulations of the City of
Elgin.
A.9.4.6. Any other equipment necessary to carry out properly and safely the
functions and duties described within this Request for Proposals.
A.9.5. CONTRACTOR shall advise the City as to which OWNERS the City shall invoice
for inspection services.
I
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A.9.6. CONTRACTOR may observe all City of Elgin holidays, and all work under this
Exhibit A shall be performed during regular working hours of regular working days
of the City of Elgin Government, unless otherwise ordered by DIRECTOR.
A.9.7. CONTRACTOR, at its option, and with the consent of the OWNER, may work on
Federal, State, or City holidays or hours other than regular working hours, if such
work is at no additional cost to the City of Elgin and/or OWNERS.
A.9.8. CONTRACTOR shall provide to each OWNER a written report of the results of the
initial inspection within thirty (30)days of conducting said inspection. This initial
inspection report shall include all items required to be abated or corrected by the
OWNER. Said report shall include a reasonable date by which code compliance
shall be achieved and specify that, on this reasonable date and at a reasonable time,
the firm shall conduct a re-inspection.
A.9.9. CONTRACTOR shall re-inspect VACANT BUILDINGS until code compliance is
achieved. If compliance is not achieved at the first re-inspection, CONTRACTOR
shall provide an updated inspection report to the OWNER on-the-spot,which report
shall note the outstanding issue(s)and a date and time for re-inspection. Subsequent
re-inspections shall be scheduled reasonably in relation to the work necessary to
achieve compliance; however, no re-inspection shall be scheduled for more than
thirty (30) days beyond the date when written documentation is provided to the
OWNER. CONTRACTOR shall continue to schedule and conduct periodic re-
inspections until code compliance is achieved. Once CONTRACTOR has inspected
the VACANT BUILDING and visually verified that compliance has been achieved,
CONTRACTOR shall:
A.9.9.1. Within one(1)business day of the inspection,make necessary marks
upon paper and electronically such that the City may issue a real
estate transfer stamp; and
A.9.9.2. Within three (3) business days of the inspection, mail or otherwise
make available to the OWNER a Certificate of Code Compliance for
Vacant Buildings.
A.9.10.After the second re-inspection,and where CONTRACTOR finds that an OWNER is
either not responding to inspection reports or not working diligently to achieve
compliance,CONTRACTOR shall notify DIRECTOR of same,advising the City of
the necessity to pursue an enforcement action, either through the City of Elgin
Administrative Adjudicator or the Cook or Kane County Circuit Court judge.
A.9.11.All inspections, workmanship, and/or equipment shall be subject to examination by
DIRECTOR at any and all times during the course of the work related to this Exhibit
A and at any and all places where CONTRACTOR is conducting said work.
DIRECTOR shall have the right to reject insufficient, incomplete, erroneous, or
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otherwise defective inspections or reports and require resubmission within five (5)
working days at no cost to the OWNER or City.
A.9.12.When requested by an OWNER,CONTRACTOR shall conduct an initial inspection
within five(5)business days of the request. When a re-inspection is requested by an
OWNER, CONTRACTOR shall conduct said inspection within three (3) business
days.
A.9.13.CONTRACTOR will not be asked to conduct inspections upon work which requires
the prior issuance of a building or trades permit from the City of Elgin. Such
inspections shall remain the responsibility of a City building inspector.
A.10. CONTRACTOR shall conduct periodic re-inspections as necessary to ensure on-going
compliance with "Vacant Building Plans". If CONTRACTOR has issued a Certificate of
Compliance for Vacant Buildings, such inspections may be scheduled no more than forty-
five(45) days apart.
A.11. CONTRACTOR shall use all lawful means necessary to fully enforce the ordinance.
A.11.1.CONTRACTOR shall assist the City in the preparation and filing of necessary
documents with the City of Elgin Administrative Adjudicator or the Cook or Kane
County Circuit Court judge,as needed. Compensation shall be as established within
Paragraph 4 of the Agreement to which this Exhibit A is attached.
A.11.2.CONTRACTOR shall be well prepared when assisting the City with the prosecution
of a matter before the City of Elgin Administrative Adjudicator or the Cook or Kane
County Circuit Court judge. If required by the City,the firm shall attend hearings,
prepare necessary exhibits,provide testimony,and conduct any necessary additional
inspections related to a matter before the adjudicator or judge. Compensation shall
be as established within Paragraph 4 of the Agreement to which this Exhibit A is
attached.
A.11.3.Upon the review and approval of the appropriate credentials,the City shall authorize
employees of CONTRACTOR to have full force and effect as City of Elgin code
enforcement officers. The City will reserve the right at any time to revoke such
individual authorization or to otherwise order an employee of CONTRACTOR to
cease work in relation to the ordinance.
A.12. CONTRACTOR shall investigate all complaints and/or incidents relating to VACANT
BUILDINGS.
A.13. CONTRACTOR shall provide immediate contact to DIRECTOR.
A.13.1.In an instance where DIRECTOR determines that the immediate services of
CONTRACTOR are necessary because of an immediate threat to health, safety, or
welfare, DIRECTOR shall be able to contact a CONTRACTOR supervisor by
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telephone immediately, and CONTRACTOR shall provide an inspector within four
(4)hours.
A.13.2.DIRECTOR shall be able to contact CONTRACTOR inspectors by mobile phone
from 7 a.m. to 6 p.m.,Monday through Saturday.
A.13.3.CONTRACTOR shall agree to meet with DIRECTOR at reasonable times and with
reasonable notice.
A.14. CONTRACTOR shall ensure real-time access to any and all information required by City
departments and agencies,especially the Community Development Department and the City
Clerk's Office. All records,data,and files created from the performance of duties outlined in
this document are the property of the City of Elgin and shall be available to DIRECTOR at
all times.
A.15. CONTRACTOR shall provide other services or enact other practices that may be necessary
to ensure the policy objectives of Chapter 16.42 of the Elgin Municipal Code, 1976, as
amended, are met.
A.16. CONTRACTOR shall create and provide all necessary forms and templates for letters,
notices, signs, certificates, and other written communications. City staff shall review and
approve all draft forms and templates prior to their use. City staff shall provide electronic
seals, logos, and/or insignias such that written communications have the effect of a written
communication on behalf of the City of Elgin.
A.17. CONTRACTOR shall track and report figures regarding the workload indicators outlined
within this subsection A.17. CONTRACTOR shall provide said figures within the
monthly Progress Reports required within the Agreement to which this Exhibit A is
attached.
A.17.1.Number of new VACANT BUILDINGS identified, number of VACANT
BUILDINGS occupied, and running total of all VACANT BUILDINGS.
A.17.2.Number of appeals of VACANT BUILDINGS determinations received.
A.17.3.Number of initial inspections conducted, including:
A.17.3.1. Number of such inspections which passed or failed;
A.17.3.2. Number of such inspections requested by an OWNER; and
A.17.3.3. The longest and the average time required to conduct an OWNER-
requested initial inspection.
A.17.4.Number of re-inspections conducted, including:
A.17.4.1. Number of such inspections which passed or failed;
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A.17.4.2. Number of such inspections requested by an OWNER; and
A.17.4.3. The longest and the average time required to conduct an OWNER-
requested re-inspection.
A.17.5.Number of"Vacant Building Plans"received, reviewed, and the results thereof.
A.17.6.Number of appeals of"Vacant Building Plan"determinations received.
A.17.7.Number of Certificates of Compliance for Vacant Buildings issued.
A.17.8.Number of periodic inspections of VACANT BUILDINGS for compliance with
Certificate of Compliance for Vacant Buildings and associated "Vacant Building
Plans" and the results thereof.
Other like indicators as determined necessary to allow the City to monitor the
effectiveness of the firm and Ordinance G54-10.
I
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•
EXHIBIT B
PROJECT SCHEDULE
B.1. Determine Vacant Bldgs 90 days from Date of Contract(DOC)
Establish Methodology to
Identify Future Vacant Bldgs 45 days from DOC
B.2. Notify Owners of Vacant Bldg
Determination 7 days after B.1. Complete
Notify City to Invoice Owners ($200) Initiate 15 days After Date of Notice of
Determination
Rebut Appeals of Vacant Bldg
Determinations wi/5 days of Receipt of Appeal
B.3. Process Registrations wi/10 days of Receipt of Registration
Enter Registration Info wi/City System
Verify & Maintain Insurance Requirements
Schedule Exterior& Interior Inspection
Notify City to Invoice Owners ($500) After Confirming Date/Time of Inspection
B.4. Conduct Initial Inspection wi/approximately 14 days of Receipt of
Registration
Send Owner Written Report including
Review,Modification (if necessary), and
Approval of Vacant Bldg Plans wi/30 days of Initial Inspection
Rebut Appeals of Vacant Bldg Plans wi/5 days of Receipt of Appeal
B.S. Conduct Re-Inspection(s) As Necessary until Compliance,
See Time Frames wi/Exhibit A
B.6. Conduct Compliance Insepctions <Every 45 days after Compliance
C
4' 4 s
ELGIN
THE CITY IN THE SUBURBS-
DATE: October 5, 2011
TO: Marc Mylott, Community Development Director
FROM: Jennifer Quinton, Deputy City Clerk
SUBJECT: Resolution No. 11-166, Adopted at the September 28, 2011, Council Meeting
Enclosed you will find the agreement listed below. Please distribute this agreement to the other
party and keep a copy for your records if you wish. If you have any questions please feel free to
contact our office 847-931-5660 and we will do our best to assist you. Thank you.
• Agreement with B & F Technical Code Services, Inc. for Inspection Services
Regarding the Administration and Enforcement of the City of Elgin's Vacant
Residential Buildings Ordinance