14-172 Resolution No. 14-172
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
B & F CONSTRUCTION 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 pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that
an exception to the requirements of the procurement ordinance is necessary and in the best
interest of the city; and
BE IT FURTHER 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 Construction 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: December 3, 2014
Adopted: December 3, 2014
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
AGREEMENT
THIS AGREEMENT is made and entered into this 3rd day of December, 2014, by and
between the CITY OF ELGIN,an Illinois municipal corporation(hereinafter referred to as"CITY")
and B & F Construction 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:
I. 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.).
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
16.42.060A 1.
(ii) $23 5.00 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, 2016. 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 1,2017,through December 31,2017,by providing the CONSULTANT written
notice thereof on or before November 1, 2016.
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 50111, 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 Construction Code Services, Inc.
2420 Vantage Drive
Elgin, Illinois 60124
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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 ELG
By: r�
Sean Stegall, City Man r
Attest &"&'
City Clerk
CONTRACTOR:
B A S7 R vC1l oi-J C0,011 SWIU E S
By: J JaAly
Name/Print: G✓ tx Z 1"r
Title: V i U - P cIS tog' 3 I-
fAcode admin\pm division\vacant building ordinance\consultant agreement 2015-b f technical code services.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.1.3.4. 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.M. 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.I O.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.LCONTRACTOR 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.
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EXHIBIT B
PROJECT SCHEDULE
B.I. 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.I. 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