HomeMy WebLinkAbout08-129 Resolution No. 08-129
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
THE HOUSING AUTHORITY OF ELGIN
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Olufemi Folarin, City Manager,and Diane Robertson,City Clerk,be and are hereby authorized and
directed to execute an agreement on behalf of the City of Elgin with the Housing Authority of Elgin
for assisting in the development or operation of housing for lower income families,a copy of which
is attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: May 28, 2008
Adopted: May 28, 2008
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
-1 ,.
AGREEMENT
BETWEEN THE CITY OF ELGIN AND
HOUSING AUTHORITY OF ELGIN
IaYThis AGREEMENT is hereby made and entered into this
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2008, by and between the CITY OF ELGIN, an Illinois municipal corporation (herein ir called
"GRANTEE" or "CITY") and the HOUSING AUTHORITY OF ELGIN, a public body established
pursuant to the U.S. Housing Act of 1937 and authorized to engage in or assist in the development or
operation of housing for lower income families, (hereinafter called "SUB-RECIPIENT") having a
principal place of business at 120 S. State Street, Elgin, Illinois 60120.
I. RECITALS
A. CITY has applied for Community Development Block Grant funds (hereinafter referred
to as "CDBG Funds") from the United States Department of Housing and Urban
Development (hereinafter called "HUD") as provided by the Housing and Community
Development Act of 1974, as amended(P.L. 93-383)hereinafter called "ACT").
B. CITY has considered and approved the application of SUB-RECIPIENT for CDBG
funds allotted to CITY for distribution to SUB-RECIPIENT.
C. The CITY and SUB-RECIPIENT enter into this Agreement pursuant to their respective
powers to enter into such Agreements, as those powers are defined in the Illinois
Constitution and applicable statutes.
II. SCOPE OF THE PROJECT
A. SUB-RECIPIENT hereby agrees to perform, in a timely fashion, the following activities,
and those previously defined in the applications and project descriptions dated December
12, 2005 and December 12, 2006, submitted by the SUB-RECIPIENT entitled "Housing
Authority of Elgin", a copy of which is attached hereto and made a part hereof as Exhibit
"A"(hereinafter called "PROJECT").
B. All funding provided to SUB-RECIPIENT shall be used solely to install 1)Total
replacement of the front entry door, and 2)Total replacement of the rear entry door for
the property located at 120 S. State St., Elgin, Illinois. The aforementioned project
provides housing to senior citizens. The subject building will serve 100%low and
if
moderate income persons as defined by 24 CFR 570.208 (a) (2) (b). Such funding shall
be used only for the labor and materials required for the installation of the front and rear
door assemblies and other costs associated with the above activities that are consistent
with the scope and intent of the PROJECT and are pre-approved by the City staff.
C. The SUB-RECIPIENT shall comply with administrative and procurement requirements
as applied to the Community Development Block Grant program in accordance with 24
CFR 85:
1. The Bid Specifications, shall include all specifications and pertinent attachments and
shall define the items or services in order for the bidder to properly respond.
2. The SUB-RECIPIENT shall submit the Bid Specifications and plans to the City's
Community Development Department for staff so that the City can properly bid the
project.
3 All bids will be publicly opened at the time and place prescribed in the invitation for
bids.
4. The contract award will be made, in writing,to the lowest responsive and responsible
bidder. Any or all bids may be rejected, if there are reasons acceptable to City.
D. The SUB-RECIPIENT shall comply with the Federal Labor Standards and Prevailing
Wage Rates as applied to the Community Development Block Grant Program in
accordance with Title 29 of the Code of Federal Regulations, Part 5:
1. After the start of construction, the SUB-RECIPIENT shall provide to the City's
Community Development Department staff, weekly reports of the contractor and/or
subcontractors at the job site. The SUB-RECIPIENT shall conduct employee
interviews of the contractor and/or subcontractors at the job site.
2. Originals of all documents required for compliance with the Federal Labor Standards
shall be supplied to the City's Community Development Department.
3. SUB-RECIPIENT shall erect a sign in a prominent place at the job site crediting the
City of Elgin and HUD for funding of the PROJECT by including the following
statement: "Funding for the Project has been provided, in part, by the City of Elgin
from the U.S. Department of Housing and Urban Development's Community
Development Block Grant Program."
E. The SUB-RECIPIENT shall provide a Progress Report to the CITY each month,
reporting on the status of the PROJECT in relation to the project target dates. The
progress reports shall begin upon the signing of the Agreement and shall continue until
the expiration of this Agreement or until directed to discontinue such reports in writing
by CITY.
F. Request for Payment
1. The SUB-RECIPIENT shall provide the City's Community Development Department,
prior to the start of construction, with an itemized list of all estimated expenditures. This
list (on a State of Illinois Engineer's Pay Estimate form BLR-283 or equivalent) shall
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show expected quantities and unit prices for each item.
2. Request for payments shall be submitted on a timely basis. Each request for payment
sent to the CITY shall be accompanied by said payment estimate form signed by the
SUB-RECIPIENT'S authorized representative and showing the work completed.
Changes to items on the pay estimate form must be authorized, in writing, by the SUB-
REC1PEINT (on a State of Illinois Request for Approval of Change in Plans Form BLR-
228 or equivalent), and a copy of such authorization shall be submitted to the
Community Development Department before payment pursuant to such changes is made.
G. The SUB-RECIPIENT shall provide a Progress Report to the City's Community
Development Department each month, reporting on the status of the PROJECT in
relation to the Implementation Schedule. The progress reports shall begin upon the
signing of the Agreement and shall continue until the PROJECT is closed out. The SUB-
RECIPIENT shall use a form provided by the City's Community Development
Department and shall include all required information about the number of clients served
each quarter (by race and the number of female headed households) and the number of
calls received.
H. Prior to the expenditure of CDBG funds, the SUB-RECIPIENT shall meet with the
City's Community Development Department staff to establish acceptable documentation
and guidelines regarding requests for payment for the activities described in the Scope of
Work. No CDBG payment will be made without the required documentation.
I. SUB-RECIPIENT shall return to the CITY any program income, as defined in 24 CFR
Part 570.500(a), which is generated as a result of this PROJECT. Written request for an
Exception to this Agreement must be made, in writing, to the Planning and
Neighborhood Services office explaining why the SUB-RECIPIENT needs the income,
the specific activities the SUB-RECIPIENT will undertake with the funds and how the
SUB-RECIPIENT will report the income and expenditures to the CITY. A written
response to the request will be provided to SUB-RECIPIENT from the CITY.
III. AMOUNT AND TERMS OF GRANT
A. The CITY shall distribute to SUB-RECIPIENT, as SUB-RECIPIENT'S portion of the
total grant received by the CITY and in consideration of SUB-RECIPIENT'S undertaking
to perform the PROJECT, a maximum of $108,500 (hereinafter "Grant Funds") to
be paid in the manner set forth herein Section II(D) and in Section VII.
B. This PROJECT shall be identified as Agreements No. 154248 ($52,500), and 154348
($56,000) in Account No. 230-0000-791.93-36, which identifying numbers shall be used
by SUB-RECIPIENT on all payment requests.
C. In the event the services identified in Section II, Scope of the Project, of this agreement
or other eligible services from low and moderate income individuals are no longer
provided at the Housing Authority of Elgin, located at 120 South State Street, Elgin,
Illinois, due to actions by the SUB-RECIPIENT, the SUB-RECIPIENT shall reimburse
the U.S.Department of Housing and Urban Development or the CITY for renovation
activities undertaken in whole or in part with CDBG funds at a rate of 6.7% for each year
and portion of each year remaining on the ten year useful life of the Facility
improvements. The ten year compliance period shall begin on the commencement date
of this Agreement. This provision shall not be construed as limiting the Grantee or the
CITY from asserting any claims against the Elgin Housing Authority for breach of any
other terms of this agreement.
D. A minimum of 51% of the persons served on an annual basis shall be at or below 80%of
the Median Family Income in order for the SUB-RECIPIENT to maintain eligibility for
the CDBG funds provided for herein. Said income levels shall be updated and revised
annually to conform to levels set by the U>S> Department of Housing and Urban
Development. Failure to meet the aforementioned 51% threshold shall require SUB-
RECIPIENT to reimburse Grantee or CITY for funds expended, in whole or in part, for
renovation activities.
E. Changes in the scope of services, budget, or method of compensation in this Agreement,
unless otherwise noted, may only be made through a written amendment to this
Agreement, executed by the SUB-RECIPIENT and the Grantee or CITY.
IV. SUB-RECIPIENTS'S COMPLIANCE WITH THE ACT
A. CITY shall assist SUB-RECIPIENT'S making application for CDBG funds.
B. SUB-RECIPIENT shall abide by the Act, and all HUD rules and regulations promulgated
to implement the Act.
C. SUB-RECIPIENT shall, upon request of CITY, (1) assist in the completion of an
environmental review and (2) complete certifications showing equal employment
opportunity compliance including equal employment opportunity certification with
reference to the PROJECT, as set forth in Exhibit "C" attached hereto and made a part
hereof.
D. SUB-RECIPIENT, in performing under this Agreement, shall:
1. Not discriminate against any worker, employee, or applicant, or any member of
the public, because of race, creed, color, sex, age or national origin, nor
otherwise commit an unfair employment practice; and
2. Take affirmative action to insure that applicants are employed without regard to
race, creed, color, sex, age or national origin, with such affirmative action
including,but not limited to the following: Employment, upgrading, demotion or
transfer, termination, recruitment or recruitment advertising, layoff or
termination, rates of pay or other forms of compensation, selection for training,
including apprenticeship.
E. SUB-RECIPIENT shall permit CITY and the Department of Housing and Urban
Development to conduct on-site reviews, examine personnel and employment records
and to conduct any other procedures or practices to assure compliance with the
provisions of this agreement. SUB-RECIPIENT agrees to post, in conspicuous places
available to employees and applicants for employment notices setting forth, the
provisions of this non-discriminatory clause.
F. SUB-RECIPIENT shall not violate any laws, state or federal rules or regulations,
including but not limited to those regarding a direct or indirect illegal interest on the part
of any employee or elected official of the SUB-RECIPIENT in the PROJECT or
payments made pursuant to this Agreement.
G. SUB-RECIPIENT hereby warrants and represents that neither the project, including but
not limited to any funds provided pursuant thereto, nor any personnel employed in the
administration of the program shall be in any way or to any extent engaged in the
conduct of political activities in contravention of Chapter 15 of Title 5, United States
Code,referred to as the Hatch Act.
H. SUB-RECIPIENT shall maintain records to show actual time devoted and costs incurred,
in relation to the PROJECT, and shall prepare and submit monthly progress reports
which describe the work already performed and anticipated during the remaining time of
the PROJECT. Upon fifteen (15) days notice from the CITY, originals or certified
copies of all time sheets, billings, and other documentation used in the preparation of
said progress reports shall be made available for inspection, copying, or auditing by the
CITY at any time during normal business hours, at 150 Dexter Court, Elgin, Illinois.
I. SUB-RECIPIENT shall adopt the audit requirements of the Office of Management and
Budget (hereinafter "OMB") Circular A-133, "Audits of Institutions of Higher Learning
and Other Non-Profit Institutions." SUB-RECIPIENT shall submit to the CITY one copy
of said audit report. SUB-RECIPIENT shall permit the authorized representatives of the
CITY, HUD and the Comptroller General of the United States to inspect and audit all
data and reports of the SUB-RECIPIENT relating to its performance under the
Agreement.
J. SUB-RECIPIENT and CITY shall at all times observe and comply with Title 24 CFR
Part 570 and all applicable laws, ordinances or regulations of the Federal, State, County,
and local government, which may in any manner affect the performance of this
Agreement.
K. SUB-RECIPIENT shall transfer to the CITY any unused CDBG funds and submit all
billings attributable to this Project at the time this Agreement expires.
L. SUB-RECIPIENT will ensure that any real property under the SUB-RECIPIENT'S
control that was acquired and/or improved in whole or in part with CDBG funds in
excess of $25,000 is used exclusively for the benefit of low and moderate income
persons as defined by HUD, for a period of 10 years after the expiration of this
Agreement
M. If during the 10 year period after the expiration of this Agreement, the SUB-RECIPIENT
disposes of any property under the SUB-RECIPIENT'S control that was acquired and/or
improved in whole or in part with CDBG funds in excess of $25,000, then the SUB-
RECIPIENT will reimburse the CITY in the amount of the current fair market value of
the property less any portion of the value attributable to expenditures of non-CDBG
funds for acquisition of, or improvement to, the property in accordance with 24 CFR
570.503(b)(8) and 24 CFR 570.505.
V. RIGHTS TO SUBCONTRACT
A. SUB-RECIPIENT is herewith granted authority to subcontract all or any portion of the
PROJECT to such engineers, architects, independent land use consultants, professional
land planners, construction contractors or other entities as SUB-RECIPIENT shall deem
appropriate or necessary and upon such terms as may be acceptable to SUB-RECIPIENT.
B. Administration of any subcontracts by the SUB-RECIPIENT shall be in conformance
with 24 CFR Part 570.200(d)(2)and Part 85.36.
VI. SUB-RECIPIENT'S AUTHORIZATION TO ACCEPT PROPOSALS
A. After the CITY has received notification that funds for the PROJECT have been released
by HUD, the SUB-RECIPIENT shall be authorized to accept the proposal of any
subcontractor for the PROJECT.
VII. BILLING PROCEDURE
A. Upon release of CDBG funds by HUD for the PROJECT, the CITY shall make
disbursements to the SUB-RECIPIENT as either reimbursement for advances made by
SUB-RECIPIENT or as advances for specific cash requirements of SUB-RECIPIENT for
the PROJECT. All claims of SUB-RECIPIENT, whether for reimbursement or
advancement, shall comply with the following requirements:
1. SUB-RECIPIENT shall submit a listing of all disbursements of CDBG funds, on
a form provided by the CITY;
2. Any claim for advancement of CDBG funds shall be limited to an amount
necessary for SUB-RECIPIENT to meet specific cash requirements for the
PROJECT and shall be disbursed by SUB-RECIPIENT within three (3) working
days of receipt by SUB-RECIPIENT;
3. Any request for reimbursement or advancement pertaining to work under
contracts from the SUB-RECIPIENT shall include the following:
a. For interim payments to contractors and subcontractors, certification that the
work for which payment is requested has been performed and is in place and to
the best of SUB-RECIPIENT'S knowledge, information and belief that, the
quality of such work is in accordance with the contract and subcontracts, subject
to: (i) any evaluation of such work as a functioning PROJECT upon substantial
completion; (ii) the results of any subsequent tests permitted by the subcontract;
and (iii) any defects or deficiencies not readily apparent upon inspection of the
work; and
b. For final payment, that the work has been performed in a satisfactory manner
and in conformance with the contract.
4. Processing of all requests for payment shall be contingent upon the submission
of the required documentation by the contractor and subcontractor to the CITY
that fully complies with federal labor standards, uniform relocation act or any
other applicable federal, state, or local statutes, rules or regulations.
5. SUB-RECIPIENT shall forward to CITY all billings, vouchers, and other
documents representing any accounts payable, in such timely and reasonable
manner as both parties shall determine; provided, however, that in no event shall
such documents shall be forwarded to the CITY later than twenty-one (21) days
after SUB-RECIPIENT'S receipt of such documents.
6. SUB-RECIPIENT shall cooperate with the CITY to facilitate the maintenance of
financial records by the CITY as required by Title 24 CFR 85.
B. Upon submission of an acceptable claim for CDBG funds, CITY shall process such
claim and shall approve such claim for payment following approval by the City's
Community Development Department, for compliance with this Agreement and
applicable HUD requirements.
C. Except as provided for in Section IX and X herein, CITY shall pay all required payments
against eligible project costs, as described in Section II.B, incurred by SUB-RECIPIENT
under this Agreement.
VIII. ADMINISTRATION AND REPORTING REQUIREMENTS
A. SUB-RECIPIENT shall administer the Grant Funds in conformance with the regulations,
policies, guidelines and requirements of OMB Circular numbers A-110, A-122, and A-
133, as they relate to the acceptance and use of federal funds for the PROJECT.
B. SUB-RECIPIENT shall submit all required information to show compliance with
applicable laws, rules and regulations, as specified in this Agreement and shall submit to
CITY a quarterly progress report no later than the fifth day of the month following the
activity being reported. Other reporting requirements are specified in Exhibit "B"
attached hereto and made a part of this Agreement.
F. Relocation of Tenants
SUB-RECIPIENT shall comply with the requirement under the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970. SUB-RECIPIENT shall
maintain a separate relocation file for each displaced person/business for at least three
years after the project has been completed or the person/business has received final
relocation payments, whichever is later. Relocation costs must be paid to any tenant
(residential or nonresidential) who occupies any building being acquired and is forced to
move without cause. Waiver of rights to relocation costs can only be done by a single
family homeowner.
G. Management Plan and Operating Budget of the Facility
SUB-RECIPIENT shall maintain, and keep current, a management plan and operating
budget stating policies governing the operation of the facility and shall keep this plan and
budget on file with the CITY.
IX. TERMINATION OF AGREEMENT OR SUSPENSION OF PAYMENT
A. During the implementation of the PROJECT, CITY may terminate this Agreement or
may suspend payment of Grant Funds to SUB-RECIPIENT for SUB-RECIPIENT'S
substantial breach of the Agreement, abandonment of the PROJECT or occurrence
rendering impossible the performance by SUB-RECIPIENT of this Agreement.
B. During the implementation of the PROJECT, the CITY may suspend payments of Grant
Funds, due to use of funds in a manner unrelated to SUB-RECIPIENT'S performing the
PROJECT, failure by SUB-RECIPIENT in submitting supporting information or
documentation for a claim, submission by SUB-RECIPIENT of incorrect or incomplete
reports, or SUB-RECIPIENT'S suspension of its pursuit of the PROJECT.
C. In the event CITY elects to terminate this Agreement or to suspend payments, for any
reason stated hereinabove in paragraph A and B of this Section IX, it shall notify the
SUB-RECIPIENT, in writing, of such action, specifying the particular deficiency, at least
five (5) working days in advance of any such action and establishing a time and a place
for the SUB-RECIPIENT to refute the alleged deficiency at a time prior to CITY taking
such action. After allowing the SUB-RECIPIENT the opportunity to refute or correct the
alleged deficiency, if the alleged deficiency continues to exist, in the opinion of the
CITY, the CITY may withhold payment of the Grant Funds until such time as the
violation or breach is remedied. No action taken or withheld by the CITY under this
paragraph shall relieve the SUB-RECIPIENT of its liability to the CITY for any funds
expended in violation of any of the terms of this Agreement.
D. SUB-RECIPIENT shall transfer to the CITY any unused CDBG funds and submit all
billings attributable to this Project at the time this Agreement terminates or is suspended.
X. REMEDIES
A. To the fullest extent permitted by law, SUB-RECIPIENT agrees to and shall indemnify,
defend and hold harmless the CITY, its officers, employees, boards and commissions
from and against any and all claims, suits,judgments, costs, attorneys fees, damages or
any and all other relief or liability arising out of or resulting from or through, or alleged
to arise out of, any breach of this agreement; misuse or misapplication of funds derived
pursuant to this agreement by SUB-RECIPIENT; violation of any statutes, rules and
regulations, directly or indirectly, by SUB-RECIPIENT and/or any of its agents or
representatives; or any negligent acts or omissions of SUB-RECIPIENT or of SUB-
RECIPIENT'S officers, employees, agents or subcontractors. 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 CITY'S choosing. The provisions of this paragraph shall survive any
termination and/or expiration of this agreement.
B. In the event of loss of approved Grant Funds for the PROJECT as a result of any
violation or breach of this Agreement by the CITY, misuse or misapplication of funds
received from HUD unrelated to the PROJECT, or any violation of the statutes,rules and
regulations of HUD, directly or indirectly, by CITY and/or any of its agents or
representatives, CITY'S liability to SUB-RECIPIENT shall be limited to any funds
which have previously been provided to sub-recipient pursuant to this agreement. SUB-
RECIPIENT hereby waives and releases CITY from any and all other liability pursuant
to any such breach,misuse, misapplication or violation of statutes,rules or regulations.
C. In the event HUD, or any other federal agency, makes any claim which would give rise
to invoking the remedy provisions, as set forth in paragraph A or B of this Section X,
then the CITY or SUB-RECIPIENT shall immediately notify the other party, in writing,
providing the full details of the alleged violation. Venue for the resolution of any
disputes or the enforcement of any rights arising out of or in connection with this
Agreement, shall be in the Circuit Court of Kane County, Illinois to the extent that any
such matter is not subject to exclusive federal jurisdiction. In the event of such exclusive
federal jurisdiction, venue shall be in such forum in the State of Illinois as may be
provided by applicable federal law.
D. In addition to any other remedies available to the CITY, if CITY has lost or been
prevented from receiving any federal funds, other than the Grant Funds, as a result of any
alleged violation of law or other breach of this Agreement by SUB-RECIPIENT, the
SUB-RECIPIENT shall repay, upon demand by the CITY, such amount of Grant Funds
previously disbursed or allegedly due to the SUB-RECIPIENT.
XI. TIMELINESS
A. Time is of the essence of this Agreement. SUB-RECIPIENT shall meet the schedule
deadlines listed below. Any milestone which the SUB-RECIPIENT does not achieve
within two months of the date listed will result in the SUB-RECIPIENT submitting a
revised implementation schedule for approval by the City's Community Development
staff. Failure to achieve these deadlines may result in the loss or reduction of grant funds
at CITY'S discretion.
Target Dates Date
i .
1. Prepare Bid Specification 04/08
2. Approve Bid Specification 04/08
3. Advertise for Bid 04/08
4. Award a Contract 05/08
5. 50%of funds expended 06/08
6. 100%of funds expended 09/08
B. SUB-RECIPIENT shall complete the PROJECT within twelve (12)months from the date
of this Agreement. However, in the event of any alterations or additions or of
circumstances beyond the control of SUB-RECIPIENT, which in the opinion of the
Community Development Director will require additional time for completion of said
expenditures, then in that case, the time of completion shall be extended by the
Community Development Director by a period of time not to exceed six(6)months.
C. If SUB-RECIPIENT is delayed in the completion of the PROJECT by any cause
legitimately beyond its control, as determined by the CITY, such that it cannot complete
the PROJECT within eighteen (18) months of the date of this Agreement, it shall
immediately give written notice to the CITY of the anticipated delay, the reasons
therefore and request an extension of time for completion of the PROJECT. CITY'S
Community Development Director shall consider any such request and shall make a
recommendation to CITY'S City Council as to whether in his sole discretion he
considers such an extension to be reasonable and necessary, under the totality of
circumstances to be required for completion of the PROJECT due to the particular
circumstances. The CITY'S City Council shall act upon the extension request and
recommendation of the Community Development Director and notify the SUB-
RECIPIENT whether the time extension is granted or denied, and the CITY'S intention
to exercise the remedies available herein, including but not limited to suspension of
further payments. A revised implementation schedule shall be submitted by SUB-
RECIPIENT if an extension is granted by the CITY.
XII. MISCELLANEOUS PROVISIONS
A. AMENDMENTS -This Agreement constitutes the entire Agreement between the parties
hereto. Any proposed change in this Agreement shall be submitted to the other party for
prior approval. No modifications, additions, deletions, or the like, to this Agreement
shall be effective unless and until such changes are executed, in writing, by the
authorized officers of each party.
B. SUBJECT TO FINANCIAL ASSISTANCE AGREEMENT - This Agreement is made
. .
subject to financial assistance agreements between the CITY and the United States
Department of Housing and Urban Development, with the rights and remedies of the
parties hereto being in accordance with any such agreements.
C. ASSIGNMENT - except as provided in Section VI hereof, SUB-RECIPIENT shall not
assign this Agreement or any part thereof and SUB-RECIPIENT shall not transfer or
assign any Grant Funds or claims due or to become due hereunder, without the written
approval of the CITY having first been obtained.
D. ATTORNEY'S OPINION - If requested, SUB-RECIPIENT shall provide an opinion of
its attorney, in a form reasonably satisfactory to the CITY, that all steps necessary to
adopt this Agreement, in a manner binding upon SUB-RECIPIENT, have been taken by
SUB-RECIPIENT, and that SUB-RECIPIENT is in compliance with applicable local,
state and federal statues, rules and regulations for the purpose of complying with this
Agreement.
E. HEADINGS -The section headings of this Agreement are for convenience and reference
only and in no way define, limit, or describe the scope or intent of this Agreement, and
should be ignored in construing or interpreting this Agreement.
F. The terms of this agreement shall be severable. In the event any of the terms or
provisions of this agreement are deemed to be void or otherwise unenforceable for any
reasons, the remainder of this agreement shall remain in full force and effect.
G. This agreement shall not be construed to create a joint venture, partnership, employment
or other agency relationship between the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates recited below.
CITY OF ELGIN, an Illinois Municipal Corporation
BY: *
1lufemi Fo :rin
•.• 14 .1. . r
DATE:
. .***4
ATTEST: a,,,�
IIIIIIIIIIIIIIIIM u Q7solo
City Clerk
f • `
SU:-RE t !' ! l :Ali SIN :UT I RITY OF ELGIN
B '
• ice . wshea
Executive Director
DATE: wioz7
ATTEST:
r"
Commissioners:
SG Jessie Jones,Chairman
Robert Gilliam,Vice Chairman
H0R1TYoF Everett Woods
T , G 1 1 Nuhemi Morales
Joel Perez
Sandra A Freeman
Executive Director
December 12, 2005
City of Elgin
150 Dexter Court
Elgin, IL 60120
Letter of Intent
2005 Community Development Block Grant Funds
The Housing Authority of Elgin of was created by an action of the Elgin Common
Council in 1969 on the Authority of the United State Housing Act of 1937 and Chapter
207, Acts of Illinois General Assembly in 1937. The Housing Authority of Elgin is under
the legal framework of Chapter 67 1/2 of Illinois Status. We provide housing assistance to
255 low to moderate families within the Elgin and the surrounding areas making them
affordable and comfortable for family living.
Front Entry Door-The restructuring of the front entrance to the senior door covering to
be installed to protect the seniors from the inclement weather. Our mission is to provide
low to moderate income seniors, average age of 82, with a decent, safe, and sanitary
environment. This includes the changing of the entrance door that is allowing homeless
and unwanted people to enter the building after the senior's enter causing the seniors
much concern for their safety. The safety of the seniors is a major factor in having this
construction completed. A quote was received for the amount of$53,130.00.
Total project costs $53,130.00
We are very appreciative of the financial and moral support given by the City of Elgin to
enable us to continue to upgrade the living conditions of the citizens we serve.
4
San ra
Executive Director
120 South State Street-.Elgin,11..60123 •(847)742-3853 • (847)742-1496 Fax•Section 8 Cr
4.3 PROJECT APPLICATION
CITY OF ELGIN CDBG PROGRAM
2006-2007 PROGRAM YEAR
Date of Submittal: 12-12-2005
Project Name:
Project Address: 120 South State Street
City: Elgin State: IL Zip Code: 60123
Census Tract,Block Group: 8516, 1
Submitting Agency/Organization: Housing Authority of Elgin
Contact Person:
Name: Sandra A. Freeman / Linda Dorsey
Address: 120 South State Street
City: Elgin State: IL Zip Code: 60123
Telephone: (847) 608-4403
Fax/E-mail: (847) 742-1496 Ldorsey @haelgin.org safreeman2 @aol.com
Total Project Cost: $53,130.00
Amount of CDBG Funding Request: $53,130.00
13
•
•
2. LOW & MODERATE INCOME BENEFIT STATEMENT: Explain how the proposed
project benefits low and moderate income persons, households or neighborhoods. Provide supporting
material, as necessary.
The project will benefit 100% of the low to moderate income seniors, average
age .of 82, in subsidized housing located at 120 South State Street which is
managed by the Housing Authority of Elgin
Area Benefiting from proposed project:
Census Tract,Block Group(s): 8516, 1
Population Benefiting from proposed project:
• Number of persons or households expected to benefit from this project 150
• Number of low/moderate income population benefiting from project 150
• Please describe the method used to calculate the benefit.
3. ELIGIBLE ACTIVITY: Identify the eligible activity that qualifies the project for CDBG
funding. Please refer to the list of activities in Section 2.3:Program Requirements of this document
Rehabiliation assistance to a privately owned residential property for
seniors, average age of 82, which will provide safety for the residents.
The homeless and criminal persons are able to enter the building. They are
not feeling secure in their living environment. Housing Authority has had
to hire part-time security for evening protection.
The inclement weather - there is not protection for the seniors. The construction
will provide more protection and handicapped accessibility.
4. NATIONAL OBJECTIVE: Identify the National Objective that is met to qualify the project
for CDBG funding. Please refer to the list of objectives in Section 2.3: Program Requirements of this
document.
The project benefit low to moderate persons with 51% of them within the
income requirements. The project will provide safety and security to our
seniors, average age of 82, located at Central Park Towers, 120 South State Street
15
6. PROJECT COST ESTIMATE: Provide cost information below and/or attach additional cost
estimate summaries. Ten percent (10%) of the cost subtotal must be added for both federal labor
standards and project contingency costs.
Project Cost Elements Estimated Cost
A. Entrance Door 42,000.00
B. Architectural Fees 6,300.00
C.
D.
Estimated Cost Subtotal 48,300.00
Add 10%of line 5 for 4,830.00
project contingency
Total Estimated Cost 53,130.00
7. OTHER PROJECT FUNDING SOURCES AND AMOUNTS:
Funding Source Amount of Funding
A. $
B. $
C. $
D. $
Total Funding From Other Sources $
17
Entry and Office remodel Page 1 of 1
•
i
Linda Dorsey
From: Ron Billy[ron @tysonandbilly.com]
Sent: Wednesday, December 14,2005 3:24 PM
To: Linda Dorsey
Subject: RE: Entry and Office remodel
Linda:
This will be the following Phase I breakdown:
Construction of new front entry structure.
- Project will consist of new structure, new concrete slabs and
doors with power operators, repairs to present retaining walls. New lighting to be
lamps for winter conditions. The new structure will be designed to allow protection
main entrance to this facility.
Construction Cost : $42, 000
A/E Fees: $6, 300
Ronald G. Billy,Jr.,AIA
Vice President
Tyson and Billy Architects, P.C.
4000 Morsay Drive
Rockford, Illinois 61107
ron @tysonandbil/y.corn
815-229-8222 Fax: 815-229-8218
www.tysonandbilly.com
12/14/2005
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O USING
THORI T YoF
L G 1 T N Commissioners:
Jessie Jones,Chairman
Nehemi Morales,Vice Chairman
Eunice Lawshea Robert Gilliam
Executive Director Everett Woods
Joel Perez
December 12, 2006
City of Elgin
150 Dexter Court
Elgin,IL 60120
Letter of Intent
2006 Community Development Block Grant Funds
The Housing Authority of Elgin of was created by an action of the Elgin Common
Council in 1969 on the Authority of the United State Housing Act of 1937 and Chapter
207,Acts of Illinois General Assembly in 1937. The Housing Authority of Elgin is under
the legal framework of Chapter 671/2 of Illinois Status. We provide housing assistance to
255 low to moderate families within the Elgin and the surrounding areas making them
affordable and comfortable for family living.
Rear Entry Door- The door covering will be installed in the senior high rise building to
keep the heat inside in the winter season for extra warmth and sun out in the summer
season to keep cool the elderly seniors age 50 and above with low to moderate income.
This also includes the changing of the entrance door that is allowing the opening to
remain open too long. The safety of the seniors is a major factor in having this
construction done. The elements that are entering the building after the door is opened
are causing the seniors much concern for their safety. A quoe'was received for the
amount of$56,315.40, including installation and architectural'fees.
Total project costs $56,315.40
��- ery a..reciative of the financial and moral support given by the City of Elgin to
s to . 4
Floe
ivt • �� - to upgrade the living conditions of the citizens we serve.
s e.
Executive Director
120 South State Street • Elgin,IL 60123 • (847)742-3853 • (847)742-1496 Fax • Section 8 Cr
4.3 PROJECT APPLICATION
CITY OF ELGIN CDBG PROGRAM
2007-2008 PROGRAM YEAR
Date of Submittal: 12-12-06
Project Name:
Project Address: 120 South State Street
City: Elgin State: IL Zip Code: 60123
Census Tract,Block Group: 8516, 1
Submitting Agency/Organization: Housing Authority of Elgin
Contact Person: Eunice Lawshea /Linda Dorsey
Name:
Address: 120 South State Street
City: Elgin State: IL Zip Code: 60123.
Telephone: (847) 608-4403
Fax and E-mail: (847) 742-1496 Ldorsey @haelgin.org
Total Project Cost: $56,315.40
Amount of CDBG Funding Request: $56,315.40
11
1. STATEMENT OF PURPOSE: Provide below a detailed written statement that describes the
scope of the proposed project, how CDBG funds will be spent, the need for this project, and the
anticipated benefits resulting from this project.
(See Attached Letter of Intent)
12
2. LOW & MODERATE INCOME BENEFIT STATEMENT: Explain how the proposed
project benefits low and moderate income persons, households or neighborhoods. Provide supporting
material, as necessary.
The project will benefit 1002 of the low to moderate income seniors, average
age of 82, in subsidized housing located at 120 South State Street which is
managed by the Housing Authority of Elgin
Area Benefiting from proposed project:
Census Tract,Block Group(s): 8516,1
Population Benefiting from proposed project:
• Number of persons or households expected to benefit from this project 150 .
• Number of low/moderate income population benefiting from project 150 .
• Please describe the method used to calculate the benefit.
3. ELIGIBLE ACTIVITY: Identify the eligible activity that qualifies the project for CDBG
funding. Please refer to the list of activities in Section 2.3: Program Requirements of this document.
Rehabiliaiton assistance to a privately owned residential property for
seniors, average age of 82, which will provide safety for the residents.
The homeless and criminal persons are able to enter the building. They
are not feeling secure in theirliving environment. Housing Authority of Elgin
is also looking into hiring part-time security. We_also have worked closed
with the Elgin Police Department.
The inclement weather - there is not much protection for the seniors. The
construction will provide more protection and handicapped accessibility.
4. NATIONAL OBJECTIVE: Identify the National Objective that is met to qualify the project
for CDBG funding. Please refer to the list of objectives in Section 2.3: Program Requirements of this
document.
The project benefit low to moderate persons with 51% of them within-the
income requirements. The project will provide safety and security to our.
seniors, average age of 82, located at Central Park Towers, 120 South
State Street
13
•
5. PROJECT COST ESTIMATE: Provide cost information below and/or attach additional cost
estimate summaries.
Project Cost Elements Estimated Cost
A. Rear Entrance Door $41,329.93
B. Architectural Fees 14,985.14
C.
D.
Total Cost $56,315.40
6. OTHER PROJECT FUNDING SOURCES AND AMOUNTS:
Funding Source Amount of Funding
A. $
B. $
C. $
D. $
•
Total Funding From Other Sources $
14
7, PROJECT IMPLEMENTATION: List the major tasks and a time-frame (length of time
needed)for the completion of each task.
Task Time-frame
A. Rear Entrance Door Structure 3-6 months
B.
C.
D.
E.
F.
G.
H.
I.
Total number of months required for project completion:
8. OUTCOME MEASURES: Explain how your organization will accomplish the goal(s) identified in
your Statement of Purpose and how your achievements will be measured or quantified.
A. Identify project goals and objectives:
Goals:
Provide housing--assistance to 255 low to moderate families within the Elgin
and surrounding areas
Improve the quality of assisted housing for seniors
Objectives:
Reduce public housing vacancies
Increasing customer satisfaction by renovating.or modernize public housing units
B. Identify how you will measure your achievements:
Reduction in vacancies
Customer Satisfaction
15
9. DOCUMENTATION AND REPORTING: During the course of this project, you are required by
federal regulations to provide a monthly or quarterly report on the clientele served by this project. Describe
the method you will use to collect and maintain the following information on the clientele you serve.
• Number of persons/households
• Number of low and moderate income persons/households
• Household size and household income
• Race/ethnicity of clientele
• Number of female-headed households
•
16
PROJECT COST ESTIMATE
Project # City Cost Index Factor(CIF): 1.000
Project Name: Housing Authority of Elgin - Rear Entrance Gross Floor Area: 589
Number of Units: 2
Project Location: Elgin, IL Site Area: 1,656
Buildings: 1 Type of Building (TOB): Wood Framed
ADJUSTED CITY
(UNIT) COST COST
LINE DIVISION 'RADE ITEM E COST (TOB) (CIF) ADJUSTED COST UPDATED COST
1 2 Earth Work SF $2.07 $2.07 $2.07 $3,427.92 $3,427.92
2 2 Site Utilitie SF $0.00 $0.00 $0.00 $0.00 $0.00
3 2 Roads and SF $0.44 $0.44 $0.44 $728.64 $728.64
4 2 Site Impro'SF $0.00 $0.00 $0.00 $0.00 $0.00
5 2 Lawns & PI SF $0.40 $0.40 $0.40 $662.40 $662.40
6 2 Unusual Sit SF $0.00 $0.00 $0.00 $0.00 $0.00
7 3 Concrete SF $7.87 $7.87 $7.87 $4,635.43 $4,635.43
8 4 Masonry SF $0.00 $0.00 $0.00 $0.00 $0.00
9 5 Metals SF $1.08 $1.08 $1.08 $638.73 $638.73
10 6 Rough Carl SF $6.12 $6.12 $6.12 $3,604.68 $3,604.68
11 6 Finish Carp SF $2.79 $2.79 $2.79 $1,643.31 $1,643.31
12 7 Waterproof SF $0.03 $0.03 $0.03 $17.67 $17.67
13 7 Insulation SF $0.91 $0.91 $0.91 $535.99 $535.99
14 7 Roofing SF $0.00 $0.00 $0.00 $0.00 $0.00
15 7 Sheet Mete SF $3.88 $3.88 $3.88 $2,285.32 $2,285.32
16 8 Doors SF $6.65 $6.65 $6.65 $3,916.85 $3,916.85
17 8 Windows SF $6.00 $6.00 $6.00 $3,534.00 $3,534.00
18 8 Glass SF $0.56 $0.56 $0.56 $329.84 $329.84
19 9 Lath &Pla5 SF $0.00 $0.00 $0.00 $0.00 $0.00
20 9 Drywall SF $0.00 $0.00 $0.00 $0.00 $0.00
21 9 Tile Work SF $1.25 $1.25 $1.25 $736.25 $736.25
22 9 Acoustical SF $1.12 $1.12 $1.12 $659.68 $659.68
23 9 Wood Flooi SF $0.00 $0.00 $0.00 $0.00 $0.00
24 9 Resilient F1'SF $0.00 $0.00 $0.00 $0.00 $0.00
25 9 Painting & SF $1.87 $1.87 $1.87 $1,101.43 $1,101.43
26 10 Specialties SF $2.14 $2.14 $2.14 $1,260.46 $1,260.46
27 11 Special Egi.PU $0.00 $0.00 $0.00 $0.00 $0.00 •
28 11 Cabinets PU $0.00 $0.00 $0.00 $0.00 $0.00
29 11 Appliances PU $0.00 $0.00 $0.00 $0.00 $0.00
30 12 Blinds/Shat PU $271.35 $271.35 $271.35 $542.70 $542.70
31 12 Carpets SF $2.91 $2.91 $2.91 $1,713.99 $1,713.99
32 13 Special Cor SF $3.40 $3.40 $3.40 $2,002.60 $2,002.60
33 14 Elevators PU $0.00 $0.00 $0.00 $0.00 $0.00
34 15 Plumbing/F PU $3.00 $3.00 $3.00 $6.00 $6.00
35 15 Heat/Ventil PU $2,582.50 $2,582.50 $2,582.50 $5,165.00 $5,165.00
36 15 Air Conditic PU $0.00 $0.00 $0.00 $0.00 $0.00
37 16 Electrical PU $3,500.00 $3,500.00 $3,500.00 $7,000.00 $7,000.00
38 Total Maih Buildings $41,329.93 $41,329.93
39 Accessory Buildings $0.00 $0.00
40 Garage $0.00 $0.00
41 Other Buildings $0.00 $0.00
42 Total for AU Bruiidin•s $41,329.93 $41,32993
PROJECT COST ESTIMATE (Page 2)
UPDATED
(UNIT) (ADJ) COST
LINE DIVISION RADE ITEM SF COST COST (CIF) ADJUSTED COST UPDATED COST
43 Total Land Improvements $4,818.96 $4,818.96
44 Total All Buildings&Land Improvements $46,148.89 $46,148.89
45 General Requirements 4.00% 4.00% $1,845.96 $1,845.96
46 Subtotal 1 $47,994.85 $47,994.85
47 Builder's Overhead 2.02% 2.02% $969.50 $969.50
48 Builder's Profit 4.00% 4.00% $1,919.79 $1,919.79
49 Subtotal 2 $50,884.14 $50,884.14 rrii
50 Other Fees (Contractor) $0.00 $0.00 I 4i �r)•vi,ci
51 Bond Premium 0.77% 0.77% $391.81 $391.81
52 Subtotal 3 $51,275.95 $51,275:95
53 Other Fees (Mortgager) $0.00 $0.00
54 Architects Design Fee 8.00% 8.00% $3,839.59 $3,839.59
55 Architect's Construction Inspectior 2.50% 2.50% $1,199.87 $1,199.87
56 Total for All Improvements $56,315.40 $56,315.40
57 Cost of All Buildings per sq. ft. $70.17 $70.17
58 Cost of All Buildings per Unit $20,664.97 $20,664.97
59 Cost of All Buildings& Land Improvements per sq. ft. $78.35 $78.35
60 Cost of All Buildings & Land Improvements per Unit $23,074.45 $23,074.45
61 Total Cost for All Improvements per sq. ft. $95.61 $95.61
62 Total Cost for All Improvements per Unit $28,157.70 $28,157.70
,
.
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EXHIBIT B
ASSURANCES
The SUB-RECIPIENT hereby warrants and represents that it will comply with the regulations, policies,
guidelines and requirements with respect to the acceptance and use of CDBG funds in accordance with
the ACT and the City of Elgin policies. Also, the SUB-RECIPIENT certifies with respect to the grant
that:
1. It possesses legal authority to make a grant submission to the City and to execute a community
development and housing program;
2. Its governing body has duly adopted or passed as an official act, a resolution, motion or similar
action authorizing the person identified as the official representative of the SUB-RECIPIENT to
execute the Agreement, all understandings and assurances contained herein, and directing the
authorization of the person identified as the official representative of the SUB-RECIPIENT to act
in connection with the execution of the Agreement and to provide such additional information as
may be required.
3. Prior to submission of its application to the City, the SUB-RECIPIENT has:
(A) Met the citizen participation requirements of 570.301(b) and has provided citizens with:
(1) The estimate of the amount of CDBG funds proposed to be used for activities
that will benefit persons of low and moderate income; and
(2) Its plan for minimizing displacement of persons as a result of activities assisted
with CDBG funds and to assist persons actually displaced as a result of such
activities;
(B) Prepared its application in accordance with the policies of the City of Elgin and made the
application available to the public;
4. The grant will be conducted and administered in compliance with:
(A) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352 42 U.S.C. Sec 2000d et seq.)
and implementing regulations issued at 24 CFR Part I;
(B) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-208), as amended; and that the
SUBGRANTEE will administer all programs and activities related to housing and
community development in a manner to affirmatively further fair housing;
(C) Section 109 of the Housing and Community Development Act of 1974, as amended; and
the regulations issued pursuant hereto;
(D) Section 3 of the Housing and Urban Development Act of 1968, as amended;
• i
(E) Executive Order 11246-Equal Opportunity, as amended by Executive Orders 11375 and
12086, and implementing regulations issued at 41 CFR Chapter 60;
(F) Executive Order 11063-Equal Opportunity in Housing, as amended by Executive Order
12259, and implementing regulations at 24 CFR Part 107;
(G) Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended, and
implementing regulations when published in effect;
(H) The Age Discrimination Act of 1975 (Pub. L. 94-135), as amended, and implementing
regulations when published for effect;
(I) The relocation requirements of Title II and the acquisition requirements of Title III of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended, and the implementing regulations at 24 CFR Part 42, as required under 24 CFR
570.606;
(J) The labor standards requirements as set forth in 24 CFR Part 570, Subpart K and HUD
regulations issues to implement such requirements;
(K) Executive Order 11988 relating to the evaluation of flood hazards and Executive Order
11738 relating to the prevention, control and abatement of water pollution;
(L) The flood insurance purchase requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973 (Pub. L. 93-234);
(M) The Fair Housing Act(42 U.S.C. 3601-20);
5. Its notification, inspection, testing and abatement procedures concerning lead-based paint will
comply with 570.608; and
6. When a grant is in excess of $100,000 it will comply with all applicable standards, orders, or
requirements issued under Section 308 of the Clean Air Act (42 U.S.C. 1857(h), Section 508 of
the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection
Agency regulation (40 CFR Part 15), which prohibit the use under nonexempt Federal contracts,
grants or loans, of facilities included on the EPA list of Violating Facilities. The provision shall
require reporting of violations to the County, HUD, and to the AESOP Assistant Administrator
for Enforcement(EN-329).
7. It has developed its application so as to give maximum feasible priority to activities which
benefit low and moderate income families or aid in the prevention or elimination of slums or
blight; (the application may also include activities which the SUB-RECIPIENT certifies are
designed to meet other community development needs having a particular urgency because
existing conditions pose a serious and immediate threat to the health or welfare of the
community, and other financial resources are not available);
8. It is following the current City of Elgin Consolidated Plan which has been approved by HUD
pursuant to 570.306; and
a
• -
9. It will not attempt to recover any capital costs of public improvements assisted in whole or in
part with funds provided under Section 106 of the ACT or with amount resulting from a
guarantee under Section 108 of the ACT by assessing any amount against properties owned and
occupied by persons of low and moderate income, including any fee charged or assessment made
as a condition of obtaining access to such public improvements, unless: (1) funds received under
Section 106 of the ACT are used to pay the proportion of such fee or assessment that relates to
the capital costs of such public improvements that are financed from revenue sources other than
under Title I of the ACT; or (2) for purposes of assessing any amount against properties owned
and occupied by low and moderate income persons, the SUB-RECIPIENT certifies that it lacks
sufficient funds received under Section 106 of the ACT to comply with the requirements of
subparagraph(1) above.
10. The SUB-RECIPIENT certifies that it will provide a drug-free workplace by:
(A) Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession or use of a controlled substance is prohibited in the SUB-
RECIPIENT'S workplace and specifying the actions that will be taken against employees
for violation of such prohibition;
(B) Establishing a drug-free awareness program to inform employees about:
(1) The dangers of drug abuse in the workplace;
(2) The SUB-RECIPIENT'S policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance
programs; and
(4) The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace.
(C) Making it a requirement that each employee to be engaged in the performance of the
grant be given a copy of the statement required by paragraph(A);
(D) Notifying the employee in the statement required by paragraph(A)that, as a condition of
employment under the grant,the employee will:
(1) Abide by the terms of the statement; and
(2) Notify the employer of any criminal drug statute conviction for a violation
occurring in the workplace no later than five days after such conviction;
(E) Notifying the City of Elgin's Planning and Neighborhood Services Depai intent within
ten (10) days after receiving notice under subparagraph (D)(2) from an employee or
otherwise receiving actual notice of such conviction;
(F) Taking one of the following actions, within 30 days of receiving notice under
subparagraph(D)(2), with respect to any employee who is so convicted:
(1) Taking appropriate personnel action against such an employee, up to and
including termination; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance
or rehabilitation program approved for such purposes by a Federal, State, or
local health, law enforcement, or other appropriate agency;
(G) Making a good faith effort to continue to maintain a drug-free workplace through
implementation of paragraphs (A), (B), (C), (D), (E) and(F).
11. It has adopted and is enforcing a policy prohibiting the use of excessive force by law
enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil
rights demonstrations.
12. In regards to lobbying,the SUB-RECIPIENT certifies:
(A) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
SUB-RECIPIENT, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal, amendment,
or modification of any Federal contract, grant, loan, or cooperative agreement.
(B) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions.
(C) The SUB-RECIPIENT shall require that the language of this certification be included in
the award documents for all sub-awards at all tiers (including subcontracts, sub-grants,
and contracts under grants, loans, and cooperative agreements) and that all sub-recipients
shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by section 1352, title
31, U.S. Code. Any person who fails to file the required certification shall be subject to
a civil penalty of not less than$10,000 and not more than$100,000 for each such failure.
EXHIBIT C
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
Community Development Block Grant Program
City of Elgin
The undersigned understands and agrees that it is a SUB-RECIPIENT of the Community Development
Block Grant Program of the City of Elgin. The undersigned also agrees there shall be no discrimination
against any employee who is employed in carrying out work from the assistance received from the City
of Elgin and the Department of Housing and Urban Development, or against any applicant for such
employment, because of race, color, religion, sex, age or national origin, including but not limited to
employment, upgrading, demotion or transfer; recruitment or recruitment advertising; lay off or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship.
The SUB-RECIPIENT further agrees to the following:
(1) It will incorporate or cause to be incorporated into any grant contract, loan, grant insurance or
guarantee involving Federally assisted construction work, or modification thereof, which is paid
for in whole or in part with funds obtained from the Community Development Block Grant
program, the language contained in HUD Equal Employment Opportunity Regulations at 42 CFR
130.15(b), in Executive Order 11246, as amended by Executive Orders 11375 and 12006, and
implementing regulations issued in 41 CFR Chapter 60.
(2) It will be bound by said equal opportunity clause with respect to its own employment practices
when it participates in any Community Development Block Grant Program construction.
(3) It will assist and cooperate actively with the City of Elgin, the Department of Housing and Urban
Development and the Secretary of Labor in obtaining the compliance of contractors and
subcontractors with the equal opportunity clause and the rules, regulations and relevant orders of
the Secretary of Labor.
(4) It will furnish the City of Elgin, the Department of Housing and Urban Development and the
Secretary of Labor such information as they may require for the supervision of such compliance,
and will otherwise assist the County of DuPage and the Department of Housing and Urban
Development in the discharge of primary responsibility for securing compliance.
(5) It will refrain from entering into any contract or contract modification subject to Executive Order
11246 of September 24, 1965, with a contractor debarred from or who has not demonstrated
eligibility for government contracts and Federally-assisted construction contracts pursuant to the
Executive Order.
(6) It will carry out such sanctions and penalties for violation of the equal opportunity clause as may
be imposed upon contractors and subcontractors by the Secretary of Labor, the City of Elgin or
the Department of Housing and Urban Development.
(7) In the event that SUB-RECIPIENT fails or refuses to comply with the undertaking, the City of
Elgin, or the Department of Housing and Urban Development may take any or all of the
following actions: cancel, terminate or suspend, in whole or in part, this grant, refrain from
extending any further assistance to the SUB-RECIPIENT until satisfactory assurance of future
compliance has been received; and refer the case to the Department of Housing and Urban
Development for appropriate legal proceedings.
SUB-',- . Housin: •uthority of Elgin
• I ORE .•; Its A20 S. State,Street
IVA. 'no/.1123
I Wirt*
Eun c ea, xecu' I irector
DATE:
I n
ATTEST:
►YY
April 4, 2008
I
TO: Mayor and Members of the City Council
FROM: Olufemi Folarin, City Manager
Michael Millikan, Programs Manager
SUBJECT: Housing Authority of Elgin Community Development Block Grant Sub-Recipient
Agreement
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information regarding the Sub-Recipient Agreement between the City of Elgin and the Housing
Authority of Elgin.
RECOMMENDATION
It is recommended that the City Council approve the Sub-Recipient Agreement between the City
of Elgin and the Housing Authority of Elgin in the amount of$108,500.
BACKGROUND
The Housing Authority of Elgin (HAE) is a public body established pursuant to the U.S. Housing
Act of 1937. HAE is authorized to engage in, or assist in the development or operation of
housing for lower income families.
HAE applied for Community Development Block Grant (CDBG) funds in 2006 and 2007. The
funding was approved by the City Council in March 2006 and 2007 and implemented into the
2006 and 2007 Annual Updated Action Plan. The plan was submitted to the Department of
Housing and Urban Development (HUD) and approved in May of each of these respective years.
HAE was allocated a total of$52,500 in CDBG funds from the 2006 CDBG program year and
$56,000 from the 2007 program year. The funds will be combined into one project. HAE will
have the front and rear entry door assemblies at the property located at 120 S. State Street totally
replaced. At a minimum, 51% of the households served will be low and moderate income
households at or below 80%of the Median Family Income guidelines established by HUD.
Housing Authority of Elgin Community Development Block Grant Sub-Recipient Agreement
April 4, 2008
Page 2
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None
FINANCIAL IMPACT,
Sufficient funds are available ($108,500) to enter into this agreement in the CDBG Program
Years for 2006 and 2007, Professional Services Miscellaneous, account number 230-0000-
791.93-36, and project numbers 154248 ($52,500) and 154348 ($56,000).
LEGAL IMPACT
None
ALTERNATIVES
1. The City Council may choose to approve the Sub-Recipient Agreement with the Housing
Authority of Elgin.
2. The City Council may choose not to approve the Sub-Recipient Agreement with the
Housing Authority of Elgin.
Respectfully submitted for Council consideration.
MM
Attachments
iJS!NG THORI T YOF Commissioners:
L G I N Jessie Jones,Chairman
Nehemi Morales,Vice Chairman
Eunice Lawshea ' Robert Gilliam
Executive Director Everett Woods
Joel Perez
November 15, 2007
Diane Robertson, City Clerk
City of Elgin
150 Dexter Court
Elgin, Illinois 60120
RE: Change in December 2007 Monthly Board Meeting Date
Dear Ms. Robertson:
The usual monthly meeting date for the Housing Authority of Elgin Board in December
would be December 25, 2007. According to the By-Laws,the date would be changed,
because this is a holiday. The date has been changed to December 18, 2007 instead.
r ,.. Best,regatds,
, (..4_
t it
• • ive Director
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120 South State Street• Elgin,IL 60123 •(847)742-3853• (847)742-1496 Fax •Section 8 Q
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