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HomeMy WebLinkAbout09-261 Resolution No. 09-261 RESOLUTION AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT SUB-RECIPIENT AGREEMENT WITH P.A.D.S. OF ELGIN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,that Sean R. Stegall, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute a community development block grant agreement on behalf of the City of Elgin with P.A.D.S.of Elgin for emergency shelter monthly rental costs,a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: December 16, 2009 Adopted: December 16, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk f • AGREEMENT BETWEEN THE CITY OF ELGIN, AND P.A.D.S. OF ELGIN, INC. This AGREEMENT is entered into as of the /6,t4 day of 08e.ca-p,-6-4._) , 2009, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter called "GRANTEE" or "CITY") and P.A.D.S. OF ELGIN, Inc., a not-for-profit corporation incorporated pursuant to the laws of the State of Illinois, (hereinafter called "SUB-RECIPIENT") having a principal place of business at 1730 Berkley Street, Elgin, Illinois, 60123. 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 activities provided for herein, and those previously defined and identified in the Project Application and project description submitted by the SUB-RECIPIENT, dated December 17, 2008, and entitled "Emergency Shelter Program," a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference(hereinafter referred to as the "PROJECT"). B. All funding provided to SUB-RECIPIENT shall be used solely to reimburse SUB- RECIPIENT for monthly rental costs associated with the lease of the facility at 1730 Berkley Street, Elgin, Illnois. This facility is to be used exclusively for the provision of support services and counseling activities that aid homeless families and individuals to become self-sufficient members of society. Services provided at the facility are to be consistent with the scope arid intent of the PROJECT. All individuals served by SUB- RECIPIENT pursuant to this agreement will be low and moderate income persons as defined by 24 CFR 570.208 (a)(2)(i)(A). C. The SUB-RECIPIENT shall develop and submit to the CITY an Outcome Performance Measurement Statement that establishes project goals and objectives, identifies performance indicators, and estimates the number of clientele to be served. The SUB- RECIPIENT shall provide quarterly Progress Reports to the CITY, reporting on the status of the PROJECT in relation to the percent of project completion, accomplishments, effectiveness of the project as related to the goals and objectives, and the clientele served, including number served, client access to the service (either new or improved access), and 1 demographics. The progress reports shall begin upon the signing of the Agreement and shall continue until the completion of this project or until directed to discontinue such reports in writing by the CITY. D. Prior to the expenditure of CDBG funds, SUB-RECIPIENT shall meet with the City's Community Development Group staff to establish acceptable documentation and guidelines regarding requests for payment for the activities described in the Scope of Work. No payment of CDBG funds will be made by City without the required documentation. E. 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. All written requests for an exception to this agreement shall be made, in writing, to the City's Community Development Department 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 the SUB-RECIPIENT'S undertaking to perform the PROJECT, a maximum of $50,000 (hereinafter "Grant Funds"), to be paid in the manner provided for herein at Sections H (D) and VII. Prior to the initial payment of Grant Funds, SUB-RECIPIENT shall submit, to the CITY, their Outcome Performance Measurement Statement and progress report indicating client demographics and program status. SUB-RECIPIENT shall submit quarterly progress reports, by the 10`h day following the end of the preceding quarter, to the CITY. The amount to be paid to SUB-RECIPIENT will be based upon the work completed and the submittal of employee work reports in support of the invoiced amount. B. This PROJECT shall be identified as Project No. 154549 and Account No. 230-0000- 791.30-99, which identifying numbers shall be used by SUB-RECIPIENT on all payment requests. IV. SUB-RECIPIENT'S COMPLIANCE WITH THE ACT A. CITY shall assist SUB-RECIPIENT in 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 the CITY, (1) assist in the completion of an environmental review and (2) complete certifications showing equal employment opportunity compliance including equal employment opportunity certifications 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 the 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 shall post in conspicuous places available to employees and applicants for employment notices setting forth the provisions of Section IV(D)above. 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, commonly known 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 quarterly 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. 3 . . • 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 15 years after the expiration of this agreement M. If during the 15 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 planner, 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. VB. BILLING PROCEDURE A. Upon Release of Grant 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 requirenients 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. 4 . 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-RECIPIENTS 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 the 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 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 Grant Funds, the 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 Sections IX and X hereof, the 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, and A-122, 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 the CITY a quarterly progress report, by the 10th day following the end of the preceding quarter. Other reporting requirements are specified in Exhibit "B" attached hereto and made a part of this Agreement. 5 IX. TERMINATION OF AGREEMENT OR SUSPENSION OF PAYMENT A. During the implementation of the PROJECT, the 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 the 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 the CITY'S 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 reasonable 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. Unless terminated pursuant to the provisions of paragraph IX herein, this agreement shall terminate on May 31, 2010. 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 of 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 the 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 6 HUD, directly or indirectly, the CITY and/or any of its agents or representatives, the 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 the 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 paragraphs 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. To the extent that any such matter is not subject to exclusive federal jurisdiction, venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this Agreement between the CITY and SUB-RECIPIENT shall be in the Circuit Court of Kane County, Illinois. D. In addition to any other remedies available to the CITY, if the 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 Finds 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 the CITY'S discretion. Milestones Date 1. Provide Emergency Shelter February 1, 2009-August 31, 2009 2. Provide Case Management,Referral, February 1, 2009-August 31, 2009 and Advocacy 3. Provide Rental Reimbursement to the PADS February 1, 2009-August 31, 2009 Operating Fund B. Total Number of Months Required for Project 7 Months Completion 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. 7 . . 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 reason, 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. 8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates recited below. CITY OF ELGIN, an Illinois Municipal Corporation BY: --**PSIan Stegall City Manager DATE: A9-106C7i-Ajj--e4_, ATTEST: Diane Robertso: City Clerk SUB-RECIPIENT: P.A.D.S. of Elgin, Inc. 17, :erkley .treet,Elgin, I *nois, 60123 BY: Dennis Hewitt,Executive Director P.A.D.S. of Elgin, Inc., DATE: / V02110 I ATTEST: 9 EXHIBIT A SUB-RECIPIENT'S AMENDED CDBG APPLICATION 10 OF ELGIN, INC. Public Action to Deliver Shelter December 17, 2008 Mike Milikan Elgin Planning and Neighborhood Services Dept Invent, CDBG Program 150 Dexter Court Elgin, IL 60120 Dear Mr. Milikan, PADS of Elgin, Inc.is pleased to submit this application to the City of Elgin Community Development Block Grant Program. This year we are requesting a total of$50,000 to support our emergency shelter operations. During this past year our organization has seen a significant increase in the need for our services in the community. During the 2007-2008 year PADS completedourfirst 12 month shelter season in our new resource center. As a result of these expanded efforts, our service levels increased approximately 34%, and the number of unique individuals ( served by PADS has increased 10%. Since the beginning of this shelter season those numbers have continued to rise, and we are currently seeing a 35%increase in the number of nights of shelter provided over this same time last year. These significant increases show a clear need for this program. As economic troubles continue and we see decreases in funding from many sources, we hope you will consider our request and help us to respond to the ever increasing need in our community. I have enclosed in this package our application which includes our most recent audit. If you have any further question or would like to schedule a tour of our facility please contact us at 847-608-9744. Thank you again for your consideration and your continued commitment to breaking the cycle of homelessness in our community. Sincerely ° ; Y (&u-: Brittany Mitchell Special Projects Coordinator, PADS of Elgin, Inc. 1730 Berkley Street•Elgin,Illinois 60123•Phone: 847.608.9744•Fax: 847.608.9746 www.padsofelgin.org•PADS of Elgin Inc. is a 501 (C) 3 IRS recognized organization • I CITY OF ELGIN CDBG PROGRAM PROJECT APPLICATION 2009-2010 PROGRAM YEAR. Date of Submittal: December 17, 2006 Project Name: Emergency shelter Program Project Address: 1730 Berkley St. City: Elgin State: ID Zip Code: 60123 Census Tract, Block Group: PADS clients come from all areas of Elgin. Submitting Agency/Organization: PADS of Elgin, Inc. Contact Person: Executive Director Name: Dennis Hewitt Address: 1730 Berkley St. City: Elgin State: IL Zip Code: 60123 Telephone: 847-608-9744 Fax: 847-608-9746 E-mail: dhhewitt@padsofelgin.org Amount of CDBG Funding Request: $50,000 11 . City of Elgin Bloc Grant 1. Project Scope and Purpose The mission of PADS of Elgin is to break the cycle of homelessness by comprehensively addressing the needs of the local homeless population. In order to accomplish this, PADS provides full case management in addition to our shelter services. Our case managers are available 7 nights a week and 5 days a week. In-house case managers perform intakes of each person admitted to the shelter and assist guests in creating an action plan to help them deal with their individual issues. PADS guests deal with a number of issues including mental illness, developmental disabilities, family violence and addiction. Still others, especially during these difficult economic times, suffer from loss of jobs and homes, or have become displaced due to floods or fires. Case managers use life skills classes, employment training programs,job placement opportunities and money management programs to help guests progress in their action plans, and address their individual needs. Case management is one of the most essential parts of the PADS program, it not only provides hope for guests to overcome their stumbling blocks, it also provide a plan to turn that hope into action. To help our clients progress, PADS also maintains a comprehensive list of partner agencies to whom we can refer clients for specialized care. These agencies include The ,Renz Addiction Center,Ecker Center for Mental Health, The Community Crisis Center, and The Greater Elgin Family Care Center. PADS has also partnered in our new buliding with Wayside Cross Ministries,who provide a day program for homeless and displaced persons. PADS operates the Douglas L Hoeft Resource Center, which functions as both a permanent shelter site and headquarters for the organization. The new shelter has the capacity to house 55-60 individuals and also offers shower and laundry facilities. The shelter provides more meeting space for increased on site programs including AA meetings, educational classes,healthcare clinics, counseling sessions, and asset building programs. There is a significant and demonstrable need for this program in the City of Elgin. During the last fiscal year,PADS' service levels increased significantly, and the number of individuals seeking emergency shelter rose by 10 percent. Since the beginning of this shelter season those number have continued to rise and we are currently serving 16% more people than this same time last year. The anticipated outcome of this program is to not only provide over 450 men, women and family members with safe shelter throughout the year, but also to break the cycle of homelessness by comprehensively addressing its causes through case management, referral and advocacy. . . • CDBG Funds will be used to cover costs associated with rent for the Hoeft Resource Center. The facility has a monthly lease rate of$7,066. Over a 12 month period, this totals nearly $85,000. 2.Performance Measurement PADS Goals and Objectives: 1. To provide temporary emergency overnight shelter to an estimated 506 unique men, women and family members from the Elgin area 2. Provide case management services, referrals and advocacy to all guests 3. Require guests who are staying over 30 days to participate in Action Plans which may include job training, mental health services,money management, etc. as needed to effectively facilitate integration Perfoimance Measurements: 1. Registering all individuals who stay in our shelter with the HMIS data tracking system to determine number of clients served and record their demographics 2.Performing intake assessments on all registered PADS guests and using the information to create Action Plans which detail reasonable steps that guests will take to make progress towards achieving their goals 3. Requiring follow up assessments for all guests and their action plans every 30 days, when progress will be monitored, and plans will be expanded and adjusted based upon goals that have been accomplished and steps that have been taken 3. National Objective PADS meets national objectives by benefiting low income persons and households, and also by providing community services of particular urgency because current conditions pose serious threats to health and welfare of those unable to find safe shelter, and other resources are not currently available to fill this need in our community. 4. Eligible Activity Public Services 5. Low & Moderate Income Benefit Statement All PADS clients are homeless; therefore 100% of our clients are considered low income. PADS benefits these clients by providing safe shelter and support services including case management, life skills training, advocacy and referrals to our network of partner agencies. The number of households or individuals expected to benefit from this program is 506, an increase of 15%over last season. We are also currently experiencing a 36% increase in the number of nights of stay over last year. Registering clients allows us to calculate the number of individuals served per year and daily guests logs allow us to calculate the number of nights of shelter provided each year as well as the amount of additional non-shelter services provided. Intake interviews allow us to determine that all of our clients are low income. 6. Documentation and Reporting Case managers will be responsible for collecting all demographic information number of persons and households served, income levels,household size, and all race and gender information. Case managers and administrative staff will be responsible for tracking all information with an in house computer program accepted by the Department of Human Services and Department of Commerce and Economic Opportunity. PADS will provide this information in reports to the City of Elgin as required. PROJECT APPLICATION (continued) 7. PROJECT COST ESTIMATE: Provide cost information in the table below and/or attach additional cost estimate summaries. Project Components Estimated Cost A. Emergency Shelter including $460,000.00 case management B. C. D. . . Total Project Cost $460,000.00 Total CDBG Funding Request $50,000.00 Total Contribution From Other Funding Sources $410,000.00 8. OTHER PROJECT FUNDING SOURCES AND AMOUNTS: Funding Source Amount of Funding A. Fundraisers $ 89,000 B. Contributions $ 146,000 C. Government Grants $ 150,000 D. United Way $ 25,000 E. Total Contribution From Other Funding Sources $ 410,000 13 PROJECT APPLICATION (continued) 9. PROJLCT IMPLEMENTATION: List the major tasks that will be accomplished through this project and provide a completion date for each task. Task ComPICIi011 Date A. Provide emerc,en.7y shelter February 1, 2009-August 31, 2009 B. Provide Case Management, Referral and Advocacy February 1, 2009-August 31, 2009 c. Provide Rental Reimbursement to the PADS February 1, 2009-August 31, 2009 Operating Fund D. E. Total number of months required for project completion: 7 Months ]4 • "Providing overnight shelter and service coordination to the Elgin area homeless " • PADS of Elgin, Inc. is breaking the cycle of t homelessness by conmehensively addressing the needs of the load homeless population. PADS has been teh catalyst in fostering community partnershi-Ds that effectively and efficiently provide coordinated services in support of short-term as well as longer-term ° customized care targeting cluent growtia, development, and self sufficiency — • _ "VTrRf{AL REVENUE SERVICE DEPARTMENT OF THE TREASURY • OI31RTCT DIRECTOR • P 0 BOX A-3290 DPH 22-2 CHICAGO, IL 60690 j Ealp_ ove.r..r ,t f ication Number:: tate. `Af / ✓ 195 36- S;.355062 J Case -"uhise'rl F A -D S OF EU3IH INC Contact Person: C/O RONALD W EARXEY MRS. L. MOORE-NIXON 3714240 OLI4IN AV Contact Telephone Humber: E!_ia1:N, IL 60122 (3:12) %306-6532 Accounting Period Ending: June 33 Farm 590 Required: Yes icii;Yndum Applies: Yes • Dear" App I ican-t: E:a- ed on information supplied, and assuming your operations; wrli be as stated in your application for recognition of exemption's we have determined you are exempt from Federal income tax under section 501 (a) of the Internal Revenue Code as an organization descrilietl in section 501 (c) (3) . We have further determined that you are not a private foundation within the meaning of section 509(a) of the Code, because you are an organization - . , , uescribed in sections 509(a) (1) and 1.70(b) (1:t (A) (vi) . • If yoursources of support, or your purposes , character, or method o•f • on:-ration change, please let us know so we can consider the effect of the change on your exempt status and foundation status. In the case of an amjend- me_nt: to your organizational document or bylalis, please send us -a copy of the :r•Ii hued document: or bylaws. Also, you should inform us of all changes in your :iaslc: or address. 1 S As of January 14 1954, you are i i ab le for taxes under the Federal ini.urance Contributions Act (social security taxes) on remuneration of $100 • more you pay to each of your eap loyoe:: during a calendar year. You are rtlL l i ah Ie for the tax imposed under the Federal Unemployment Tax Act (FUTA) . Since you'are not a private foundi:t:ion, you .are not subject to the excise !,.1:-es under Chapter 42 of the Code. Hes-sever- you are not autom:tica l ly exempt ..•at other Federal eicise taxes. I•f you have any questions about exc:ise, ttiployment, or Other Federal taxes, p lr.•.a5.e let us know, • • Grantors and contributors way rely on this determination unless the In;.ernal Revenue Service publishes notice to the contrary. However, if you :•:•,,e your section 509(a) (1) status, a grantor or contributor may not rely fs this determination if he or she was in part responsible for, or was aware: the act or failure to act, or the �uh:;tantial or material change on the :•ori, of the organization that resulted I !: your loss of such status, or if he or ' ht acquired knowledge that the Intern.t I Revenue Service had given notice that you would no longer be classified as as section 509(a) (1) organization . Lon+yrs may dcduct contributions to you as provided in section 17Q of the r Letter • 947 (00/CG) - 1.. • A Cl S OF ELGIN INC Code. Bequests, legacies, dev ises, transfers;, car gifts {:o you or for your use are deductible for Federal estate and gift tax purposes if th,_y meet the applicable provisions of Code sections 205, 2106, and 2522. Contribution deductions are al la'-cable to donors only to the extent that; their contributions are gifts, with no consideration received. Ticket pur- chases And similar payments in conjunction with fundraising events may not necessarily qualify as deductible contributions, depending on the circum- stances. See Revenue Ruling 67-246, published in Cumulative I ul letin 1967-2, on page 104 , which sots forth guidelines regarding the deductibility,, as chari - table contributions, of payments made by taxpayers for admission to Cr other participation in fundraising activities for' charity. In the heading of this letter we have indicated whether you must. file Farm • 990, Return of Organization Exempt From Income Tax. If Yes is indicated, you are required to -file Form 790 only if your gross receipts each year- are normally more th.wn $25,000. However, if you receive; a Form 9?0 package in the ma i I , please file the return even if you do not exceed' the gross receipts test. I f you are not required to file, simply attach the label provided, check the box in the heading to indicate that your annual gross receipts are normally $25,000 car fess, and sign the return. - - • If a return is required, it oust be f i led by the 15th day of the fifth ionth after the r:nd of your annual accounting period. A penalty of 310 a day is c:harried when a return is f i led late, un less there is reasonable cause ior• the delay. However, the maximum penalty charged cannot exceed 115,000 or "a per- cent of your gro•;s receipts for the year, whichever is Tess. This penalty may .; ices be charged if a return is not complete, so please be sure your return is complete before you file it. You are not required to file Federal income tax returns unless you are :subject to the tax on unrelated business income under section 511 of the Code. - f.-f you are subject to this taxa you must f i Ie an income tax return on Form Exempt Or•yanization Elusiness Inccorrre Tax Return. :In this letter we are uot determining whether any of your present or proposed activities are unre-• ; ace:d trade or business as defined in section 513 of the Code. • You need an emp foyer identification number even if you have no employees. if an employer identification number Has not entered on your application, a ,iun*er will be assigned to' you_and you will be advised of it. Please use.that numt,er on ail rest;urns you file and in all correspondence with the Internal Revenue Service. If He have indicated in the heading of this letter that an addendum applies, the enclosed addendum is an integral part of this letter. because this letter could help resolve any questions about your exempt tatus and foundation status, you should keep it in your permanent records. • Letter 947 COD/C6) 'y:-z: • • ' A D S OF ELGIN INC If you have any questions, please contact the person whose name and telephone number are shown in they heading of this letter. Sincerely yours, .117 • )W1,454, 11 Nari4'yn 14. Day • District Director Addendum • • • • • L._tt:er 947 (EICMCG) ^ ' � • ' ' ���'`` - � , � � �� • � � � ' • ~ . ~ � . ` . 4 - - i A D S OF ELGIN INC Neese be advised that participating in or intervening in ( including the pub ( ishing or distributing statements botk xritte'n, printed or oral on behalf or in opposition to a candidate is conoiVered political activity and is prohibited under IRC 5O1 (c) (3) . Treas. Reg. 1.501 (c) (3)-L (3) <i i H ' • • • ^ < Letter 947 (1D0/C6) . - Illinois De���rfmm��tRevenue ^ of Office of Local Government nant Sorvice x n ?::4,6, ;:i'-zdg,.';)"'i Sales Tax Exemption Section, 3-520 1O1 NJefferson Street • / ( Springfield, Illinois 62702 • -- 217 782-8881 May 7, 2004 ELGIN PUBLIC ACTION TO DELIVER SHELTER INC EXECUTIVE DIRECTOR 164 DIVISION. ST SUITE 503 ELGIN. IL 60120 • -,----VVe have received_your- recent-lottmri-and-boaed'an-ths-infocmatiwn ^you-furniohed_wn-'bo/ieva ELGIN PUBLIC ACTION TO DELIVER SHELTER INC of ' ELGIN, IL is organized and operated exclusively for charitable purposes. Consequently, sales of any kind to this organization are exempt from the Retailers' Occupa- tion Tax, the Service Occupation Tax (both state and local), the Use Tax, and the Service Service Use Tax in Illinois. . � We have issued your organization the following tax exemption identification number: E8957-3598-03. To claim the exemption, you must provide this number to your suppliers when purchasing tangible personal property for organizational use. This exemption may not be used by individuel members of the organization to make purchases for their individual use. . This exemption will expire on June 1, 2009, unless you apply to the Illinois Depart- ment of Revenue for renewal at least three months prior to the expiration date. Office of Local Government Services . Illinois Department of Revenuo . - _. ' — _- ' '_' _- '_ -- _-_ - _ ' . ' 5TS-49 0-2/5eV L-482-345O 11-0000027 , . • File Number 5612-306-7 ATTACHMENT B • _._-_-__ ----- ''''/(01-7:',1 Inv- __ • . „, ,.,,,4*. • -''' W.jeig' A.,'' '' , '. ':;'--, ------ :,_ ' i. "-7-.. :::,t1S-14;:-___.: ,.;Ais,t:4:0;' ' ________.::, _ ."'"'"-'40 ,.:;j:'. :rfi I: s 2 ---.:_ 4r-i;j-- 4):,-4-2- -44; `1 :. ' -c.-------" ;- \.‘,1;-'-.7, ,,t ,..., ?,i-4, • '- - -di ; C .... „..,. 0,._ .:;1.0....,4,.:Itz, . ;..„..„,,,,,_. ". ,,,...„ .st . \,._______-- / ,,,,,, .-,;;v:!• -.-- \, -7-,_ _____/, • tiffs ARTICLES OF AMENDMENT TO THE ARTICLES OF INCORPORATION OF P.A.D. S . OF ELGIN, INC. INCORPORATED UNDER THE LAWS OF THE STATE OF ILLINOIS HAVE BEEN ' FILED IN THE OFFICE OF THE SECRETARY OF STATE AS PROVIDED BY THE GENERAL NOT FOR PROFIT CORPORATION ACT OF ILLINOIS , IN FORCE JANUARY 1 , A. D. 1987 . �VL2u�,J�2Esc7 `'�/ � � , , z, Va.& • Ade/L i C/ .Q-C21!) CR !O2a- �C rX/VgaeliaLiaeA/i/Lae-li /U7/Me/I //C. . , CIO-, (2.4a& Lf2l�/ ((U// - •4 '• - a, Aar, 4 f2 P,/ G7./ f r-,1Chi r) tf?P! 2./c.carian, c/4‘ . • • • coirlio_xatioiv. ' . Jn tiuurN 1wrrro1', f/ i.e. y,izatul atz,d . az tk?, c4,6Y/zir . ' . gua, 22ND , DECEMBER „d1/. '9 94aTld ()PAC, ' /7 ?-eZCe/ C ?dUJ vC ' ,d c//J ' • ?.e., .c,:zo,/<,../ and 19TH • .1 Lasiiiiii_ ' SECRETARY O STATc 212 1 • NP.1 10.30 File # acv Jafll. 1997) GEORGE H. RYAN Secretary of State This Space For Use By Submit in Duplicate SE.,crela7y ol State State of Illinois Remit payment in Check or Money Date ! Order, payable to "Secretary of ARTICLES OF AMENDMENT Slate. under the Filing Fee GENERAL NOT FOR PROFIT CORPORATION ACT DO NOT SEND CASH! Approved ..6/ Pursuant to the provisions of "The General Not For Profit Corporation Act of 1986," the undersigned corporation hereby adopts these Articles of Amendment to its Articles of Incorporation. P.A.D.S. OF ELGIN, INC. ARTICLE ONE The name of the corporation is • (Note 1) December 8, ARTICLE TWO The following amendment to the Articles of Incorporation was adopted on 19 94 in the manner indicated below ("X"one box only.) L By the affirmative vote of a majority of the directors in office, at a meeting of the board of directors, in accordance with Section 110.15. (Note 2) By written consent,signed by all the directors in office, in compliance with Sections 110.15 and 108.45 of this Act. (Note 3) By the members at a meeting of members entitled to vote by the affirmative vote of the members having not less than the minimum number of votes necessary to adopt such amendment,as provided by this Act,the articles of incorporation or the bylaws, in accordance with Section 110.20. (Note 4) By written consent signed by members entitled to vote having not less than the minimum number of votes necessary to adopt such amendment,as provided by this Act,the articles of incorporation,or the bylaws, in compliance with Sections 107.10 and 110.20 of this Act. (Note 4) • • • (INSERT RESOLUTION) SEE ATTACHED • • ARTICLES OF AMENDMENT P.A. D. S . OF ELGIN, INC . DECEMBER 8, 1994 5 . PURPOSE : The corporation is organized exclusively for charitable, educational, religious or scientific purposes within the meaning of section 501 (c) (3) of the Internal Revenue Code . A. INUREMENT OF INCOME: No part of the net earnings of the corporation shall inure to the benefit of, or be distributable to, its members , trustees, officers or other private persons except that the corporation shall be authorized and empowered to pay reasonable compensation for services rendered. B. LEGISLATIVE OR POLITICAL ACTIVITIES: No substantial part of the activities of the corporation shall be the carrying on of propaganda or otherwise attempting to influence legislation and the corporation shall not participate in or intervene (including the publishing or • distribution of statements) any political campaign on behalf of any candidate for public office. 6 . OPERATIONAL. LIMITATIONS: Notwithstanding any other provisions of these articles, the corporation shall not carry on any other activities not permitted to be carried on (a) by a corporation exempt from Federal Income Tax under section 501 (c) (3) of the internal Revenue Code of 1986 (or the corresponding provision of any future United States Internal Revenue Law) or (b) by a corporation, contributions, to which are deductible under section 170 (c) (2) of the Internal Revenue Code of 1986 (or the corresponding provision of any future United States Internal Revenue Law) . 7 . DISSOLUTION CLAUSE: Upon the dissolution of the corporation, the Board of Trustees shall, after paying or making provisions for the payment of all the liabilities of - the corporation, dispose of all the assets of the corporation • exclusively for the purposes of the corporation in such manner, or to such organization or organizations organized and operated exclusively for charitable, educational , religious, or scientific purposes as shall at the time . qualify as an exempt organization or organizations under section 501 (c) (3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future United States Internal Revenue Law) , as the Board of Trustees shall determine. Any such assets not so disposed of shall be disposed of by the Court of Common Pleas of the county in which the principal office of the corporation is then located, exclusively for such purposes or to such organization or organizations, as said court shall deteLmine • which are organized and operated exclusively for such purl-Doses . • • • . ... 5612- 306-7 File Number . . . ..-- --. ..----- _,---::__--:------ __,1-.-..:7 ...11 • •- 7 _.: '!--6. "_:ikilr------e:v.-.:,_1--------------,n 1 ''.1-..- , ....- •• 1:%,,._ '.4.1,-r'l -. -•i it,„ .16 f'!?r- _---------...--- -a - . ------•, , ." -- ii\ \ , kill. .i ii!'•,. , .,, , • / .. 6.., .4fee - * .44,1,• ‘Ctii‘ \ (''oltt 4'.: L ‘.., ..,. /6, . 2„,... ), N9 . '*1: • CL.Z \2'.1!' '''''' - V -iip•-1,, _ EP.1'...)7- le 0- . ,. '''"4' ..., 41,1 41 • 0-4 -,----"^\ wr:444- V. .-:::•:: • " - ".h01;. ..,:. \ , "'"!•14M.A. GM i P ) ,;,...., ,:.:, .,••.T;;;;_ \\\\\ • ,•,.. : t N:4,,,`. .4, ) ,•„',: . \,% e.„) • ."41. .-, ' , — ..e /l'"-", . 1' • . • • • 3111411$3-5, ARTICLES OF INCORPORATION OF . ' P .A .D .S . OF ELGIN, INC. • • INCORPORATED UNDER THE LAWS OF THE STATE OF ILLINOIS HAVE BEEN FILED IN THE OFFICE OF THE SECRETARY OF STATE AS PROVIDED BY THE GENERAL NOT FOR PROFIT CORPORATION ACT OF ILLINOIS , IN FORCE JANUARY 1, A. D. 1987 . • ( • . . • • • (1/ y7'7 v .-7 6 y/ ile Kid; ffif ('' ' rr--a, aiae ..6-. ce. V. az , 4772.a.e../10.efe2,d 44.;,./ye 4,0 . . .3111 -CIfitti 0 r t '111 hrreof, ,.y.,,f,A,,,/.0.‘,ietiiiy-,./and,ez. /iz'‘tccue4e,,z(2 ilfC'e/r/Zt; /ezetn://re,,6-- 6/,y1c:vfiz e'i 7.53.4-'i l'f/. c'ej• 28TH n --,, - '•.,. .. -`' 0.,„ xla,,oi( SEPTEMBER J990AI0 /a-71d -t•D' " .7 -.--'‘ 11' t# 0.,,,i ,,/-f -' -''1 ,--i:F-:----*.z.------,.„, k,.,4 /0/7a;fila/K,/ eil(le ir ce o7:(//;%44e.,,z/-fflcz.-1. - • -0..-,‘ ),•\,...... ..,,>.--... ,..,,k 4 , 7:7,'''' , , _, ,44,0 YI;Z-71tS .-ed.-L2.-72-Ce 15TH • , cn (7',: -.4',..0 .:_-:., -,•'..), .."-I I t7-,..4.....„._.: :,*i',::‘ r'i.,;,:r 0)p 3-R,„_,/,,,,,,--._:_... .,..,4,,..";,,,_,:.:, , - "":4'2.0,741,:? ,.., -c.,--'51 a9 (,'"';'.---- ......-,--. ":' vry\ E ( sE,F,ET,Ry OF 7ATE . -- -212 . FO RM P-102.10 ARTICLES OF INCORPORATION Wo Not Wnte in This spc,,, (Revised 5-88) Dare Pd ( — SUBMIT IN DUPLICATE Payment must be made by Cart:lied Check.Cashiers'Check,Illinois Fthng Fee 550 Attornriy-s Check, flinos C.P.A.'s Check or Money Order.payable to -Secretary of State.- Cert DO NOT SEND CASHI • TO: JIM EDGAR, Secretary of State Pursuant to the provisions of "The General Not For Profit Corporation Act of 1985", the undersigned incor- porator(s) hereby adopt the following Articles of Incorporation. . Article 1. The name of the corporation is: PA. D. S . of Elgin, Inc. Article 2. The name and address of the initial registered agent and registered of-lice are: Registered Agent FrPdPrirk First Name Middle Name Last Name Registered Office 1 7 Douglas Avenue Number Street (Oo Not U38 Elgin IL Rane City Zip Code County Article 3. The first Board of Directors shall be 3 in number, their names and addresses being as follows: (Not lees than err-eel Address Directors'Names N umb•r Stratt City Stile Rev. David Enbarth 272 Division St. Elgin TT, 601 20 RP•i? 49 CPIL 60120ni-Pr St Rev. Donald Sch-aidt. 256 E. Chicago St. flqin, IL 50120 • Article 4. The purposes for which the corporation is organized are: To provide for shelter for homeless persons in the Elgin, Illinois area. • • Is this corporation a Condominium Association as established under the Condominium Property Act? D Yes .>Cg No (Check one) - _ Is this corporation a Cooperative Housing Corporation as defined in Section 216 of the Internal Revenue Code of 1 954? El Yes E. No (Check one) Is this a Homeowner's Association which administers a common-interest community as defined in sub- section (c) of Section 9-102 cf the Code of Civil Procedure? Ell Yes No Article 5. Other provisions (please use separate page): Resolution No. 08-1208-2 AUTHORIZING APPLICATION FOR CITY OF ELGIN COMMUNITY DEVELOPMENT FUNDS AND EXECUTION OF ALL NECESSARY DOCUMENTS WHEREAS, PADS of Elgin, Inc. has determined that it is in its best interest to submit an application for City of Elgin Community Development Funds for The Emergency Shelter Project; and • WHEREAS, said project will provide shelter and services to approximately 450 people including residents of City of Elgin; and WHEREAS,the City of Elgin Board must approve said application and will require PADS of Elgin, Inc.to execute a Funding Agreement and other necessary documents upon such approval; NOW, THEREFORE, BE IT RESOLVED that Dennis Hewitt, Executive Director(1730 Berkley St in Elgin, 847-608-9744) is hereby authorized to execute an application for City of Elgin Community Development Funds, a Funding Agreement and other necessary documents upon approval of the application by the City of Elgin Board, and any requests for payment and documentation required to be submitted by PADS of Elgin, Inc. to City of Elgin requesting the dispersal of funds. BE IT FURTHER RESOLVED, that any changes to the above-stated project description must be approved by PADS of Elgin,Inc. SIGNED:4-fe4e94:40 DATE: 12/12/08 Ron Barkby, President, Board of Directors ATTEST: 540"k(ifit `C_Aft/1-0------ DATE: 12/12/08 Susan Angell-Case, Secretary, Board of Directors Vote: 10 Ayes 0 Nays 0 Abstain 11 BY-LAWS OF PUBLIC ACTION TO DELIVER SHELTER OF ELGIN,INC. [Adopted October, 2005] ARTICLE I: NAME AND PURPOSE 1. The name of the organization is "Public Action To Deliver Shelter of Elgin, Inc_"and shall be referred to as PADS. 2. The mission of PADS shall include providing overnight shelter and service coordination for women, men, and families in the Elgin area. 3. The purpose of PADS is to engage in such fund-raising,public relations and operational activities as are necessary to support the accomplishment of the mission. 4. The Corporation also has such powers as are now, or may hereafter be granted by the general Not-For-Profit Act of the State of Illinois. ARTICLE 2: OFFICES 1. The Corporation shall maintain a regular office in the State of Illinois and a registered agent of such office may have other offices within the State. ARTICLE 3: BOARD OF DIRECTORS 1. The Board of Directors shall consist of not more than eleven (11)members. 2. The Board of Directors may elect board members to fill vacancies that occur. New board members shall be elected by a simple majority of board members present. 3. Board members shall present the names of potential board members to the full board for approval. 4. Board members are eligible to serve two(2)consecutive three (3) year terms.All Directors' serving at the time of the adoption of these by-laws shall be considered to be serving their first term on the Board. 5. A board member may be terminated from the Board following three unexcused absences in a row or four within any twelve (12)month period. 6. Board members may be removed from the Board, at the discretion of the Board of Directors,by a two-thirds majority of the board members. 7. A quorum shall consist of a majority membership of the Board of Directors. Unless otherwise stated within the by-laws, all motions may be passed with a majority vote of those constituting a quorum. 8. A vote on a motion may be passed by a majority of the entire board when being polled by the telephone,by e-mail or by fax. 9. The Board of Directors shall meet a minimum of six(6)times a year. 10. The Board of Directors shall formulate and approve policy, and direct the activities of the organization between the annual meetings. 11. The President of the Board of Directors may call additional meetings of the Board of Directors at any time with at least three (3)days notice by telephone, email or by fax. 12. An annual meeting shall be held. 13. All Board members shall make a personal and financial contribution to the organization. ARTICLE 4: OFFICER' 1. The officers of the Board of Directors shall be elected by a majority of board members present at the annual meeting. 2. Mid-term vacancies among the board officers may be filled by nominees from the Board and approved by a majority of the Board of Directors. 3. The officers shall consist of the President,the Vice-President,the Secretary, and the Treasurer. 4. The president shall: a. Chair all board meetings; b. Plan the agenda for all board meetings; c. Be the primary spokesperson for the Board; d. Assume other duties as prescribed by the Board of Directors. 5. The vice-president shall: a. Assist the president in the performance of his/her duties; b. Perform the duties of the president in the absence or disability of the president. c. Be responsible for annual review of the By-Laws; d. Assume other duties as prescribed by the Board of Directors. 6. The secretary shall: a. Attend and keep the minutes of all meetings of the Board of Directors; b. Keep a record of all notices of meetings of the Board of Directors or the Executive Committee; c. Supervise the keeping of the records of the corporation; d. Maintain an accurate list of board members and their contact information. 7. The treasurer shall: a. Monitor the condition of the treasury on behalf of the Board of Directors; b. Submit the books and records to the board as required; c. Oversee the annual audit process. ARTICLE 5: COMMITTEES 1. The Personnel Committee will meet as needed and shall: a. Consist solely of members of the Board of Directors; b. Develop evaluation documents for the Executive Director and staff; c. Evaluate the Executive Director no less than once per year; d. Oversee the evaluation process by the Executive Director of staff. e. Monitor adherence to Board approved personnel policies. 2. The Board of Directors may commission special purpose task forces and/or ad hoc committees at any time. 3. The actions of all committees are subject to approval of the Board of Directors. ARTICLE 6: FISCAL POLICY 1. The Fiscal year shall run from July 1 until June 30 the next year. 2. The Board of Directors shall annually elect an auditor to conduct the annual audit. 3. The annual audit shall be completed by September 1 in the fiscal year immediately following the year just completed. The completed audit should be reported to the Board of Directors for review at the next scheduled board meeting. 4. The disbursements of funds from any account of PADS shall require the signature of two individuals, where one must be an officer of the Board. Those designated to sign are Board of Director officers and the Executive Director. ARTICLE 7: AMENDMENT OF BY-LAWS 1. By-laws may be amended by two-thirds majority of the Board of Directors. 2. Any proposed changes to the By-laws will be distlibuted to the Board of Directors two (2)weeks prior to voting on the proposed changes. 3. An ad hoc committee of the Board of Directors shall review the By-laws annually. Revised and adopted this date, October 27,2005 by the Board of Directors President Director Vice-President Director Secretary Director Treasurer Director Director P.A.D.S. OF ELGIN, INC. -BOARD OF DIRECTORS • Name ; Address& Home I Work.Telephone/ j Fax/ Terms Expires Telephone Cell Email Address Susan Angell-Case 202 Atwell Street (847) 783-6101 (312) 592-2229December 2009 Realtor® Elgin, Il. 60124 (847)452- Sangellcase c_t.aol.corn Baird &Warner ' (847) 468-1387 88'11* Secretary Ron Barkby 37W240 Olwin Cell RBARKBY.c corncast.ne July 2009 Consultant i Drive (847) 812-0466 t President ' Elgin, Il. 60124 (847)742-3138 Marlene Daubers 330 Griswold St. (847)888-2882 I m.daubert wowway.co j February 2010 Diaconal Minister Elgin, II. 60123 (847)602-6401 m Zion Lutheran (847)697-8291 Church Charles Falls 18 Villa Street (847)931-5800 (847) 931-5801 February 2012 President Elgin, Il. 60120 cfalls(codemicooper.com Demi & Cooper Advertising • Dan Fox 890 Douglas Cell nigel.foxx,,'a aol.com December 2009 Consultant Elgin, Ii. 60120 (847)217-5650 Fox &Waters (847)695-8706 Leader Training Doug_Kramp 31 S. Union krampdc(vahoo.corn January 2011 Scientist/Engr. Elgin,11. 60123 Retired (847)741-4903 Vice President Susan Moylan 1879 Banks Drive ` suebi1l1965@sbczlobal.n February 2010 Retired College Elgin, II. 60123 et Administrator (847)888-0056 Joyce Lueth 1405 Brandywine Office: 847- jlueth ,,firstcombank.com July 2012 Senior Vice President Cr. 622-8800 First Community Bank Algonquin Il Home: 847- 60102 658-4528 Ron O'Neal 622 Robin Ridge (630)844-5619 RDO1241(c&aol.com December 2010 Program Chair Elgin, Il. 60123 for the Masters (847)888-2214 Program Aurora University Mary Catherine 403-407 Bluff City (847)888-2288 Fax(847) 888-9930 July 2012 Walsh Blvd., cuisineamerica(asbcglob Owner Elgin, Il. 60120 al.net Cuisine America Inc. . PADS of Elgin, Inc Organization Chart Board Of Directors Executive Director/Operations N Senior Site Case Special Administrative Coordinator Managers Projects Assistant Coordinator Development Public Relations Site Coordinators . • . Dennis H Hewitt 976 Huron Elgin, IL 60120 (847)741-3576 Email: dhhewitt@padsofelgin.org PROFESSIONAL HISTORY PADS OF ELGIN, INC. Elgin, IL 2003-Present Executive Director • Restored organizations financial viability by increasing fundraising and reducing unnecessary costs • Increased case management by adding both full time and part time case workers • Coordinated cooperation between social service agencies in the area to eliminate duplication of services and reduce costs to all agencies • Remodeled and opened a permanent, 12 month emergency shelter which offers showers, laundry facilities, shelter and services to the area's homeless men, women and families BIGGERS CHEVROLET 1976-2003 Fleet/Commercial Sales Manager • Responsible-for all department operations except billing and License and Title Processing • Retained customers through building solid business relationships,winning over lower-priced competition • Monitor delivery schedules and correct inaccuracies to avoid customer problems EDUCATION AND PROFESSIONAL TRAINING THE UNIVERSITY OF HOUSTON Bachelor's Degree: Psychology Major, German Minor SAM HOUSTON STATE UNIVERISTY Post Graduate Coursework ASSOCIATIONS AND AFFILIATIONS UNITED WAY OF ELGIN September 2007-Present • Member of Family Matters Council KANE COUNTY CONTINUUM OF CARE 2003-Present • Member of steering committee • Member of HMIS committee COOK COUNTY 16TH DISTRICT COURT 2005-Present • Member of Family Violence Advisory Council LITTLE LEAGUE BASEBALL 1982-1998 District Administrator • Administered inter-league operations for 27 Leagues (12,000 children) in the Northwestern Suburbs • Developed the program that came to be the largest in every division of Little Leagues (both boy's and girl's divisions) within the Central States Region (13 states) • Initiated an inter-leagues play model that later became the model for the national program State Coordinator • • Chairman of the state organization • Responsible for organizing and scheduling all tournaments at the state level • Served on both the regional advisory committee and the Presidents' advisory committee FIRST CONGREGATIONAL CHURCH OF ELGIN • Past chair of Worship Ministry and Hospitality Committee • 20 years experience as Sunday school teacher and member of Youth and Young Adults Committee • Volunteer—R.C.C. Soup Kettle and Elgin PADS 4:12 PM PADS of Elgin, Inc. 12/16/08 Profit & Loss Summary Report Accrual Basis November 2008 Nov 08 Ordinary Income/Expense Income Contirbutions 4200•Grants 4119•Grants 64,888.00 4118•Grants-United Way of Elgin 2,083.00 Total 4200•Grants 66,971.00 4750•Organization Contriutions 238.00 4300•Contributions from Churches 3,511.42 4400•Foundations/Trusts 500.00 4600•Fundraising Events 4650•Income from Events 4640•Dinner Auction Contributions 375.00 Total 4650•Income from Events 375.00 Total 4600• Fundraising Events 375.00 4901 •Int Inc-Oper Acct 355.18 4902•Sub-Leasing Income 3,466.00 Total Contirbutions 75,416.60 4100•Individual Contributions 928.37 Total Income 76,344.97 Expense 5000•Shelter Services 5101 •Auto Trans/Maint 31.42 5102•Client Assistance 5102.02•Transportation 410.61 Total 5102•Client Assistance 410.61 5109•Program Supplies 5109.10•Site Supplies 162.79 5112•Site Maintenance 283.24 5109.12•DHS 500.00 5109.13•DCEO 283.33 Total 5109•Program Supplies 1,229.36 Total 5000•Shelter Services 1,671.39 6000•Management&General 6101 •Bank Fees 35.75 6102•Equipment Rental 153.27 6103•Salary&Wages 6107•Employee Insurance Exp 465.54 6103.01 •Payroll Fees&Expenses 71.44 6103.03•Salary Expenses 18,517.42 6103.04•Employee Payroll Taxes 1,434.12 Total 6103•Salary&Wages 20,488.52 6105•Telephone/Utilities 1,458.26 6110•Accounting/Bookkeeping Services 800.00 6111 •Rent 7,277.98 6114•Meetings&Meals 32.95 6115•Printing and Reproduction 530.19 6118•Postage and Delivery 125.93 6119•Insurance Expense 1,083.67 Total 6000•Management&General 31,986.52 Page 1 EXHIBIT B ASSURANCES The SUB-RECIPIENT hereby assures and certifies 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 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 SUB-RECIPIENT 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; (E) Executive Order 11246-Equal Opportunity, as amended by Executive Orders 11375 and 12086, and implementing regulations issued at 41 CFR Chapter 60; 11 (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 24 CFR Part 35; 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 City, 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 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 12 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 Community Development Department 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). 13 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 Fonn 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 subawards at all tiers (including subcontracts, subgrants, 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. 14 • „ 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 City of Elgin 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 govemMent 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 15 • • . been received; and refer the case to the Department of Housing and Urban Development for appropriate legal proceedings. SUB-RECIPIENT: P.A.D.S. of Elgin, Inc. 173 erkle Street, Elgi Illinois, 60123 BY: Dennis Hewitt Executive Director DATE: /1 (03 ? ATTEST: 16 . . , ., OF E(�. City of Elgin Agenda Item No. M November 25, 2009 TO: Mayor and Members of the City Council FROM: Sean R. Stegall, City Manager' '' (P1.c}H°u.""R Denise Momodu, Associate Planner SUBJECT: Community Development Block Grant Sub-Recipient Agreement for P.A.D.S. of Elgin 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 P.A.D.S. of Elgin. RECOMMENDATION rIt is recommended that the City Council approve the Sub-Recipient Agreement between the City of Elgin and P.A.D.S. of Elgin for Emergency Shelter Monthly Rental Costs in the amount of $50,000. BACKGROUND P.A.D.S. of Elgin is a not-for-profit organization providing overnight shelter and case management to homeless individuals and families in the Elgin area. P.A.D.S. of Elgin applied for Community Development Block Grant (CDBG) funds in 2008. The funding was approved by the City Council in March 2009 and incorporated into the 2009 Annual Updated Action Plan. The plan was submitted to the Department of Housing and Urban Development(HUD) and approved in May 2009. P.A.D.S. of Elgin was allocated a total of $50,000 in CDBG funds from the 2009 CDBG program year. The funds will be used by P.A.D.S. to pay monthly rental costs associated with the lease of the building located at 1730 Berkley Street in Elgin. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None v Community Development Block Grant Sub-Recipient Agreement for P.A.D.S. November 25,2009 Page 2 FINANCIAL IMPACT ftThe allocation of CDBG funds to complete the P.A.D.S. project will total $50,000. Sufficient funds are budgeted ($50,000) and available ($50,000) to enter into this agreement in the CDBG Fund, account number 230-0000-791.30-99, "P.A.D.S. of Elgin Emergency Shelter" and project number 154564"Emergency Shelter Operations Project". slAivtiI .GAL IMPACT None ALTERNATIVES 1. The City Council may choose to approve the Sub-Recipient Agreement with the P.A.D.S. of Elgin in the amount of$50,000. 2. The City Council may choose not to proceed with the Sub-Recipient Agreement with P.A.D.S. at this time. Respectfully submitted for Council consideration. DMM Attachment • . 4:4 OF E4,0 udowma.,, 41. Memorandum City of Elgin \fli-- °4'47LD Date: December 18, 2009 To: Denise Momodu, Associate Planner From: Jennifer Quinton, Deputy City Clerk Subject: Resolution No. 09-261, Adopted at the December 16, 2009, Council Meeting Enclosed you will find the agreement listed below. Please retain a copy for your records. If you have any questions please feel free to contact our office 847-931-5660 and we will do our best to assist you. Thank you. • Community Development Block Grant Sub-Recipient Agreement with P.A.D.S. of Elgin