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17-145 Resolution No. 17-145 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO CDBG PROGRAM MANAGEMENT INTERGOVERNMENTAL AGREEMENT WITH KANE COUNTY FOR PROGRAM MANAGEMENT SERVICES REGARDING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND THE NEIGHBORHOOD STABILIZATION PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, be and is hereby authorized and directed to execute an amendment to CDBG Program Management Intergovernmental Agreement on behalf of the City of Elgin with Kane County for program management services regarding the Community Development Block Grant Program and the Neighborhood Stabilization Program, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J: Kaptain, Mayor Presented: November 15, 2017 Adopted: November 15, 2017 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk Amendment to CDBG Program Management Intergovernmental Agreement THIS AMENDMENT, made and entered into this 15 day of November , 2017, by and between the CITY OF ELGIN, an Illinois municipal corporation (the "CITY"), and KANE COUNTY, a body corporate and politic(the "COUNTY"), which are collectively known as "the Parties", modifies an Intergovernmental Agreement(the "Agreement")entered into by the Parties for CDBG Program Management services on July 13, 2016. WITNESSETH: WHEREAS, in 2016, the CITY determined it to be in its best interest to obtain program management services from the COUNTY for implementation of its Community Development Block Grant (CDBG) Program and Neighborhood Stabilization Program (NSP); and WHEREAS,the Parties entered into an Intergovernmental Agreement under which the CITY purchased said services from the COUNTY during Program Year 2016 (June 1, 2016 to May 31, 2017); and WHEREAS, Paragraph 6 of said Agreement stipulates it will automatically renew for subsequent one-year periods on June 1, provided that the CITY is awarded an annual formula allocation of CDBG funds by the U.S. Department of Housing and Urban Development for the new Program Year beginning on June 1, and a budget for program management services to be provided during the new Program Year is approved by the CITY as part of its Annual Action Plan; and WHEREAS,the CITY has been awarded an annual formula allocation of CDBG funds for Program Year 2017 (June 1, 2017 to May 31, 2018),and a budget for program management services to be provided during Program Year 2017 was approved by the CITY as part of its Annual Action Plan for Program Year 2017; and WHEREAS,the Agreement,therefore,was automatically renewed for Program Year 2017, but it is necessary to amend the Agreement to make certain changes regarding the budget and scope of services to be provided during Program Year 2017; and WHEREAS, Paragraph 18 of the Agreement stipulates that it may be amended provided that such amendments are in writing and duly executed by the Parties. NOW,THEREFORE, upon the consideration of the mutual promises contained herein and upon the further consideration of the recitals hereinabove set forth, it is hereby agreed between the CITY and COUNTY to amend certain portions of the Agreement as follows: I. Paragraph 4, "Payments to the County," shall be replaced with the following: 4. PAYMENTS TO THE COUNTY A. The CITY shall make periodic payments to the COUNTY for program management services provided under this Agreement a,ccording to the budget established in Attachment B, "Budget for Program Year 2017 Services—Elgin 1 CDBG Program Management Services." B. The total of all payments made by the CITY to the COUNTY for program management services provided under this Agreement shall not exceed $120,404.00 unless modifications to the SERVICES are authorized in writing by the CITY and COUNTY by way of written amendment to this Agreement. C. The CITY shall also make periodic payments to the COUNTY for the reimbursement of housing rehabilitation costs and services provided under this Agreement according to the budget established in Attachment C, "Budget for Program Year 2017 Services—Elgin CDBG Program Housing Rehabilitation Services." D. The total of all payments made by the CITY to the COUNTY for housing rehabilitation costs and services provided under this Agreement shall not exceed $60,201.00 unless modifications to the SERVICES are authorized in writing by the CITY and COUNTY by way of written amendment to this Agreement. The payments to the COUNTY for housing rehabilitation costs and services shall include both the amounts of residential rehabilitation assistance provided to Elgin residents for rehabilitation costs and the program delivery costs to Community Contacts, Inc., for the administration and management of the CITY's housing rehabilitation program, in accordance with the terms and provisions of this Agreement. The project delivery costs paid to Community Contacts, Inc., shall not exceed twenty percent (20%)of the underlying rehabilitation and/or lead hazard control costs. The COUNTY shall pay Community Contacts, Inc., directly for its administration and management of the CITY's housing rehabilitation program, and shall submit invoices to the CITY for reimbursement in accordance with Section 5 of this Agreement. E. Additional services provided by the COUNTY which are not described herein require prior written approval of the CITY and COUNTY and shall be compensated according to terms agreed upon in such written approval. II. Attachment A, "Scope of Services," shall be replaced with Amended Attachment A, "Scope of Services," which is attached to this Amendment. III. Attachment B, "Budget for Program Year 2016 Services—Elgin CDBG Program Management Services," shall be replaced with Amended Attachment B, "Budget for Program Year 2017 Services—Elgin CDBG Program Management Services," which is attached to this Amendment. IV. Attachment C, "Budget for Program Year 2017 Services—Elgin CDBG Housing Rehabilitation Costs and Services," shall be replaced with Amended Attachment C, "Budget for Program Year 2017 Services—Elgin CDBG Housing Rehabilitation Costs and Services," which is attached to this Amendment. 2 IN WITNESS WHEREOF,the undersigned Parties have caused thi/Amendment to be executed by their duly designated officials. CITY OF ELGIN, a municipal corporation By: Date: November 15, 2017 Richard Kozal, City Manag r -COUNTY OF KANE, a body politic in the State of Illinois By: Date: OCT 10 2017 KAMA A ' Vo ArB erger, Director Office of Community Rein tment 3 AMENDED ATTACHMENT A SCOPE OF SERVICES The Kane County Office of Community Reinvestment will provide the following program and project management services to support the City of Elgin's Community Development Block Grant Program: Determination of Activity Eligibility and Proiect Readiness • Provide written report with supporting documentation for each project to document compliance with HUD's activity eligibility and national objective criteria. • Provide written report documenting project readiness and verifying that funding sources are secured and project is ready to proceed. Annual Action Plan Prep./Amendment Prep. • Prepare plan narratives • Enter plan narratives and projects/activities into HUD's IDIS System • Public comment period/public hearing • Draft public notice for publication. • Conduct public hearing(at Elgin City Hall). • Prepare summary of comments received during comment period and hearing for review by Elgin. • Plan submittal • Incorporate public comments/responses and submit with Kane-Elgin Consortium plans in IDIS. • Provide hard and electronic copies of final plan for Elgin's records/use. • Prepare amendment(s)to any current or prior-year Action Plan(s) as requested by Elgin. Environmental Review • Prepare individual Environmental Review Records for all CDBG-funded activities for review and signature by Elgin's Certifying Official. • Prepare/publish required notices(if necessary). • Prepare RROF/FONSI forms for review/signature by Elgin's Certifying Official and submittal to HUD (if necessary). • Obtain release of funds from HUD (if necessary). • Enter/upload all required information/documents into HEROS systems as required by HUD. Project Management/Oversight Includes oversight of both new and prior-year CDBG activities through project close-out and final file review to ensure project records are complete and ready for future audit/monitoring. • Prepare funding agreements. • Set up all activities in IDIS. • Conduct project kick-off/orientation meeting to ensure smooth project launch/completion. • Assist with procurement/bidding processes to confirm compliance with HUD standards. • Confirm/document that the selected contractor(and subs) are not debarred. • Ensure compliance with Federal Labor Standards/Davis-Bacon, including collection of certified payroll records from contractor(and subs), and conducting/documenting job site interviews. 4 • Collect and maintain documentation of activity accomplishments and beneficiary info, including quarterly performance reports. Update accomplishments in IDIS on a quarterly basis per HUD standards. • Monitor projects (both while underway and at completion). • Collect and review annual agency audits to confirm compliance with OMB standards. Follow up on any findings/deficiencies that are of concern. • Enter completion data/info and closeout projects in IDIS. • Preparation of project files/records: o Provide Elgin with complete and organized file for each project (in both hard and electronic formats)to document compliance with all Federal requirements. • Meet with representatives from Elgin's external auditing firm (Sikich)to provide information/documentation and assist with the city's annual single audit. • Meet with HUD staff to provide information/documentation and assist with monitoring visits. Field follow-up questions and prepare draft written responses for Elgin's review/submittal to HUD. Housing Rehabilitation Services • Subcontract with Community Contacts to provide housing rehabilitation assistance to Elgin homeowners consistent with the County's program under the following parameters: • Homeowner Eligibility:Applicants must be at least eighteen (18)years of age, and their total household income must be at/below 80%of Area Median Income (as updated and published annually by HUD). Applicants must own and occupy the property as their principal residence and be current with the payment of their mortgage, property taxes, and homeowner's insurance premium. • Property Type(s): Properties must be lawful, single-family dwellings free of all liens and located in the City of Elgin. • Amount of Assistance/Household: Up to $15,000 for housing rehabilitation work and up to $10,000 for lead hazard control work,for a combined maximum of$25,000/ household.All assistance shall be provided in the form of a grant. Community Contacts shall be eligible to receive a project delivery fee. • Oversee and monitor the following tasks to be performed by Community Contacts: • Receipt and processing of applications to identify eligible households. (All applications currently under review/processing by Elgin's Community Development Department will be given priority status ahead of any new applications.) • Assessment of the physical condition of homes determined eligible for the program. • Preparation of a scope of work and specifications for each housing unit to be rehabilitated along with a cost estimate for the work. • Procurement of contractor services through competitive bidding to a pre-qualified list of contractors. • Execution of agreements and other documents necessary for homeowners to participate in the program. • Inspection of work performed by contractors to ensure satisfactory completion, including compliance with lead-based paint requirements. • Pay Community Contacts directly and submit reimbursement requests to Elgin. • Maintain project files and beneficiary data for reporting/tracking purposes. 5 Neighborhood Stabilization Program • Oversee the completion of five housing units covered by an existing agreement between the city and Habitat for Humanity of Northern Fox Valley. • Assist/Advise Elgin regarding the redevelopment of 209 Franklin Boulevard acquired by the city under its Neighborhood Stabilization Program. Oversee the disposition and redevelopment process upon project approval by the city. • Prepare/submit outstanding and future quarterly reports in HUD's DRGR System. • Other work associated with closing out Elgin's Neighborhood Stabilization Program. Financial Record keeping/Payment Processing/Reporting • Review/approve project invoices/requests for payment. • Submit invoices/requests for payment to the city's Finance Department for processing. o If requested by city, assist with IDIS drawdown process to ensure prompt reimbursement from HUD. • If requested by Elgin, review financial records and quarterly financial reports(SF-425). • Maintain records/backup documentation to support the city's financial records. Make same available for preparation of the city's annual single audit and HUD monitoring. o Prepare corrective action plans and narrative responses necessary to address deficiencies identified in program audits/monitoring visits. • Prepare and submit other compliance reports. • Contract and Subcontract Activity Reports (HUD-2516) • Semi-annual Labor Standards Enforcement Reports (HUD-4710) • Section 3 Summary Report • FFATA Subaward Reporting Consolidated Annual Performance Evaluation Report(CAPER) • Prepare written accomplishment narratives • Enter all required info/data in HUD's IDIS System • Public comment period o Draft public notice for publication. o Prepare summary of comments received during comment period for city. • Report submittal • Incorporate public comments/responses and submit with Kane-Elgin Consortium CAPER in IDIS. • Provide hard and electronic copies of final report for city records/use. Application Process • Conduct application process for projects sponsored by external entities. • Provide bound (and electronic) packet for review by city administration and City Council, including: o Staff reports/evaluations/recommendations; and o Budget worksheet to aid in the allocation process. 6 AMENDED ATTACHMENT B BUDGET FOR PROGRAM YEAR 2017 SERVICES'— ELGIN CDBG PROGRAM MANAGEMENT SERVICES Elgin CDBG Program Management Services Expense Amount 1. Program Staff Support $119,779.002 2. Office Supplies $500.00 3. Fuel $125.00 Not-to-Exceed otal for PY2017 1 1 1 1 ' NOTE: Program Year 2017 Program Management Services also includes the administration and management of outstanding funds that were allocated to Elgin but were unexpended in prior Program Years. z Program Staff Support shall be paid to the COUNTY based upon the number of hours of work provided under this Agreement. The total amount paid to the COUNTY shall not exceed the amount set forth above. 7 AMENDED ATTACHMENT C BUDGET FOR PROGRAM YEAR 2017 SERVICES3— ELGIN CDBG HOUSING REHABILITATION COSTS AND SERVICES Elgin CDBG Program Housing Rehabilitation Costs and Services Expense Amount 1. Housing Rehabilitation Services(includes rehabilitation costs) $60,201.00 Not-to-Exceed • •r PY2017 $60,201.00 3 NOTE: Program Year 2017 Housing Rehabilitation Costs and Services also includes the administration and management of outstanding funds that were allocated to Elgin but were unexpended in prior Program Years. 8