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HomeMy WebLinkAbout10-124 f Resolution No. 10-124 RESOLUTION AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT SUB-RECIPIENT AGREEMENT WITH THE YWCA OF ELGIN, INC. 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 an agreement on behalf of the City of Elgin with the YWCA of Elgin, Inc. for roof repair and architectural services for the facility located at 220 East Chicago Street, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: June 23, 2010 Adopted: June 23, 2010 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk r � AGREEMENT BETWEEN THE CITY OF ELGIN AND THE YWCA OF ELGIN, INC. This AGREEMENT is entered into as of the 23rd day of June , 2010,by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter called "GRANTEE" or "CITY") and the YWCA 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 220 E. Chicago Street, Elgin, Illinois 60120. 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 in the application and project description dated December 16, 2009, submitted by the SUB-RECIPIENT entitled "YWCA Roof Repair and Architectural Services" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference (hereinafter referred to as the "PROJECT"). The SUB-RECIPIENT was awarded a grant for Fiscal Year(FY)2010. B. All funding provided to SUB-RECIPIENT shall be used solely to repair the building's leaking roof, and develop architectural drawings to remodel the entire building for current and future needs at 220 E. Chicago Street, Elgin, Illinois. About 3,400 low and moderate income individuals will benefit from the YWCA of Elgin's program in its 2009-2010 fiscal year The subject building will serve 100% low and moderate income persons as defined by 24 CFR 570.208 (a) (2) (i) (A). Such funding shall be used only for the roof repair and architectural services at 220 E. Chicago Street and other costs associated with the above activities as are consistent with the scope and intent of the PROJECT and are pre-approved by 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 f . 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's approval prior to advertising in a newspaper and the Dodge Construction News. 3. The SUB-RECIPIENT shall include in the invitation for bids, the statement "Minorities and women contractors are encouraged to submit bids." The SUB- RECIPIENT shall purchase a 1" x 3" space in the Dodge Construction News Classified Section specifically inviting Minority Business Entity/Women Business Entity(MBE/WBE) firms to submit bids. 4. All bids will be publicly opened at the time and place prescribed in the invitation for bids. 5. The SUB-RECIPIENT shall provide the City's Community Development Department with a copy of the classified advertisement and the results from the bid opening. 6. The contract award will be awarded, in writing, to the lowest responsive and responsible bidder. Any or all bids may be rejected, if there are sound documented reasons. 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 the described work, 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 monthly progress reports shall begin upon the signing of the Agreement and shall continue until the completion of the project. Monthly progress reports, due on the 10th day of the following month, for the previous month's activities, shall be submitted until 2 f , 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 show expected quantities and unit prices for each item. 2. Request for payment 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-RECIPEINT (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 City's 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 Community Development Department and shall include all required information about the number of clients served each month (by race, income, and the number of female headed households). 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 payment of CDBG funds will be made by CITY without the required documentation. SUB-RECIPIENT shall record and report monthly to the CITY all program income (as defined in 24 CFR 570.500(a)) generated by activities carried out with CDBG funds made available under this Agreement. Any such program income shall be returned to the CITY. Written request for an exception to this section must be made in writing to the CITY's Community Development Department. Such request shall describe 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 income and expenditures to the CITY. A written response to the request will be provided to the SUB- RECIPIENT from the CITY. The use of any program income by the SUB-RECIPIENT shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, to the extent any such income is used during the Agreement period for activities permitted under the Agreement, SUB-RECIPIENT shall reduce requests for additional funds by the amount of any such program income balances on hand. All unexpended program income shall be returned to the CITY at the end of the Agreement period. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to 3 • 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$55,400 (hereinafter"Grant Funds"),to be paid in the manner set forth herein at Section VII. B. This PROJECT shall be identified by the following project and account numbers: Project No. 154648 and Account No. 230-0000-791.93-36 in the amount of $55,400, 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 for low and moderate income individuals and households are no longer provided at the YWCA of Elgin, 220 E. Chicago Street, Elgin, 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 CITY from asserting any claims against the YWCA of Elgin for the breach of any other terms of this Agreement. D. Upon project completion as specified in Section II, Scope of the Project, any remaining CDBG project funds shall be available for reallocation by the CITY to another eligible CDBG project. If SUB-RECIPIENT materially fails to comply with any term of this award, the SUB-RECIPIENT shall repay to the CITY all funds used for ineligible activities. E. 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 minimum 51%threshold shall require Sub-recipient to reimburse CITY for funds expended, in whole or in part, for renovation activities. F. Changes in the scope of services, budget, or method of compensation contained in this Agreement, unless otherwise noted, may only be made through a written amendment to this Agreement, executed by the SUB-RECIPIENT and CITY. IV. SUB-RECIPIENT'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 4 • 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 in- cluding, 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 comply with all laws and state and federal rules and 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. 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 5 r 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 is used to meet the benefit of low and moderate income persons as defined by HUD, for a period of 10 years after the commencement of this Agreement. M. If during the 10 year period after the commencement 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, 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. VII. BILLING PROCEDURE A. Upon release of Grant Funds by HUD for the PROJECT, the CITY shall make 6 r 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, certification 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 be forwarded to 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, 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 7 • 3 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 monthly progress report no later than the fifth day of the month following the activity being reported. SUB-RECIPIENT shall comply with all reporting and other requirements as specified in Exhibit "B" attached hereto and made a part of this Agreement. C. 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. D. 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 or in breach of this agreement relative 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 8 r • 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'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 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. 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. 9 , I D. In addition to any 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 1. Prepare Bid Specification July 2010 2. Bids Solicited July 2010 3. Select Contractor August 2010 4. Reconstruction Begins August 2010 5. Reconstruction Completed September 2010 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 10 • 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. There are no other agreements, either oral or implied, between the parties hereto regarding the subject matter hereof. 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 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. H. Venue for the resolution of any disputes or the enforcement of any rights between the parties hereto arising out of or in connection with the terms and provisions of this agreement shall be in the Circuit Court of Kane County, Illinois. 11 IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the dates recited below. CITY OF ELGIN, an Illinois Municipal Corporation BY: fele/14,. Sean R. Stegall City Manager DATE: ' . a O 1 O ATTEST: -•--x-O;,.ca_ 3,., Diane Robertson City Clerk SUB-RECIPIENT: YWCA of Elgin, Inc. 220 E. Chicago Street, Elgin, Illinois 60120 BY: _ • . • 00 r 4 diJulia A. McClendon Executive Director DATE: Le hi I t O ATTEST: , 1 12 . CITY OF ELGIN CDBG PROGRAM PROJECT APPLICATION 2010-2011 PROGRAM YEAR 0./? Date of Submittal: December 16, 2009 \.$ ` cry Lie &r/e" Project Name: YWCA Elgin <''?9 //,;' Project Address: 220 East Chicago Street City: Elgin State: IL Zip Code: 60120 Census Track, Block Group: 8512, Block Group 1 Submitting Agency/Organization: YWCA Elgin Contact Person: Name: Julia A. McClendon Address: 220 East Chicago Street City: Elgin State: IL Zip Code: 60120 Telephone: 847.742.7930 Fax: 847.742.8217 Email: jmcclendoneywcaelgin.orq Amount of CDBG Funding Request: $55,400 PROJECT APPLICATION (continued pg 2) 1. PROJECT SCOPE AND PURPOSE: Provide 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. The YWCA Elgin has been located on the corner of Chicago and Villa Street for 108 years. In 1901, the YWCA Elgin was home to many young women who came to work in the area. Throughout our 108 year history, education has been a cornerstone in our foundation. Activities have included teaching English, Family Literacy, focusing on employment opportunities for women, and helping our youth to build their own strong educational foundation. In the early sixties the YWCA Elgin building burned down. In 1964 a new building was constructed and opened. This 45 + year old structure has served the community well. Now it needs some major repairs and renovations. The roof over the gym has been leaking and in need of repair(outlined under scope A.) As a result the Board of Directors has agreed a major renovation is needed. The Board has chosen to hire an architect to help us plan a renovated "green" building that will meet the needs of the YWCA for the next 60 years. Scope: A. Repair the leaking roof by cutting the roof open, install two roof drains with sumps, patch roof back-in and do miscellaneous repairs. Clean lower/upper roof free of loose dirt and debris, re-coat with aluminum roof coat ($11,400.) B. The building is aging and major repairs are needed to continue serving the community. Our first step is to secure an architect who will deliver the following services: • Concept floor plan(s) for each floor • Roof Plan • Site Plan • Exterior elevations at streetscape sides • Exterior rendering (in whatever format that can be readily reproduced for fundraising purposes.) • Interior vignettes (number to be determined based upon communicating design intent and benefits for fund raising purposes.) • Outline specification to indicate general materials to be used. • Statement of probable construction cost. • Statement of probable project costs (including furniture, fixtures and equipment.) • Develop and present preliminary sketches for capital campaign Cost of Architectural services is estimated at $52,000. PROJECT APPLICATION (continued pg 3) Need: A. If the roof is not repaired there will be irrevocable damage to our gym and we would lose our DCFS license for our afterschool program. The gym is a recreation area for our youth programs. Teen REACH (230 youth per year,) School Age Child Care (76 children per year,) and Family Literacy Preschool (64 children per year.) We would lose our license if we are unable to provide recreation services (88% of the youth in these programs live at or below poverty level.) B. The YWCA Elgin is a hub of activity for 22,000 people per year. The decision to renovate the building will increase space for grant driven programs as well as develop space for community programming. Currently, our English as a Second Language program is full with 535 adults learning to speak English to become more work ready. Benefit: We will be able to continue to keep our youth operations open and additionally start planning for the next 60+ years of services to the Elgin community. 2. PERFORMANCE MESUREMENT: Provide a list of project goals and objectives. Explain how the achievement of goals and objectives will be measured or quantified. A. Goal: Repair Roof Objective: Begin work in August for repair Quantified: no leaks B. Goal: Complete Conceptual Design Objective: Begin work ASAP Quantified: Competed Design Plans 3. NATIONAL OBJECTIVE: Identify the National Objective that is met to qualify the project for CDBG funding. Please refer to the list of activities in 2.3.1 National Objectives of this document. This project is eligible per paragraph one of 2.3.1 National Objectives "Benefit low and moderate income persons or households as defined by Section 8 household income guidelines. The goal of the YWCA Elgin is to completely rehab the building in 5 years. PROJECT APPLICATION (continued pg 4) 4. ELIGIBLE ACTIVITY: Identify eligible activity that qualifies the project for CDBG funding. Please refer to the list of activities in Section 2.3.2: Eligible Activities of this document. This project is eligible per paragraph 2 of 2.3.2 Eligible Activities "Public Facilities and Improvements. "Benefit low and moderate income persons or households as defined by Section 8 household income guidelines. 5. LOW & MODERATE INCOME BENEFIT STATEMENT: Explain how the proposed project benefits low and moderate income persons, households or neighborhoods. Quantify the population benefiting from the proposed project. Describe the method used to calculate the benefit. The low to moderate residents will benefit from the services provided in the YWCA building. The method used to calculate the benefit participants will get is described in the program eligibility guide and is based on the federal poverty guidelines. Area benefiting from proposed project: Census Tract 8512, Block Group 1 Population benefiting from proposed project: • Number of persons or households expected to benefit from the project for who we have income data: 1760 • Number of low/moderate income population benefiting from project: 3400 • Please describe the method used to calculate the benefit: From the data that we provide monthly to Elgin Planning Department to meet the requirements of other CDBG awards from previous years. This method was developed during a series of meetings with Amy Coyne and the HUD Supervisor from the Chicago office (2002-2003.) 6. DOCUMENTATION AND REPORTING: During the course of this project, you are required by federal regulations to provide monthly or quarterly reports on the clientele benefiting from this project. Describe the method you will use to collect and maintain the following information on the clientele you serve. • Number of persons/households being served • Number of low and moderate income persons/households • Household size and household income • Race/ethnicity of clientele • Number of female-headed households We are already doing all of the above documentation and reporting for previous CDBG funds awarded to the YWCA Elgin. This method was developed during a series of meetings with Amy Coyne and the HUD Supervisor from the Chicago office (2002-2003.) PROJECT APPLICATION (continued pg 5) 7. PROJECT COST ESTIMATE: Provide cost information in the table below and/or attach additional cost estimate summaries. Project Components Estimated Cost A. Roof Repair $11, 400 B. Conceptual Design Plans $28.000 C. Additional Fee's (see Base scope of work) $20,000 D. Other Fee's (i.e. printing, mileage, lodging est.) $ 2,000 E. LEED Registration $ 2.000 Total Project Cost $63,400 Total CDBG Funding Request $55,400 Total Contribution from Other Funding Sources $ 8,000 8. OTHER PROJECT FUNDING SOURCES AND AMOUNTS: Funding Source Amount of Funding A. YWCA Donations $ $8,000 B. $ C. $ D. $ E. $ Total Contribution from Other Funding Source $ $8.000 PROJECT APPLICATION (continued pg 6) 9. PROJECT IMPLEMENTATION: List the major tasks that will be accomplished through this project and provide a completion date for each task. Task Completion Date A. Repair Roof August 2010 B. YWCA Conceptual Designs July 2010 C. D. E. Total number of months required for project completion: 3 months 10. Plans and specifications for construction, rehabilitation and equipment needed to conduct this project. N/A 11 . Other Information Estimate of Roof Repair Pictures of Roof Architectural Fees 11,`10./21=11=19 101:57 847-888-301 8 WEr THERGUARD ROOFING PAGE 0t1.'Fil Page 1 of Proposal • 4140466. Aiiiiiihi Weatherguarda Roofing Company % 345 Renner Dri�e Erin.]L G0l?3 847-S88.3008 ' Fax S4' 88S-01S Prr:vosa1 Submitted To: 1Pbone I Fcs: 'Date: YWCA ! 847 742-7930 11. 10,2009 Street: —_. __ __— _ _ Job Name: _._.. 220 E Chicago St, YWCA Ci(.Stole and Zip.' iJob location: Elgin, IL 60120 220E Chicago St.,Elgin • Attention: Pr-opo^al Sent Via: Thomas Riccio Fax(847) 742-8217 Thank you for the opportunity to bid this,roofing project. The fallowing. is the scope of work. which Weatherguard Roofing,Company will perform Weatherguard Roofing Co.hereby agree to furnish all labor,materials and expenses necessary to perform work as specified below. BASE BID: *Cut roof open,install two roof drain with sumps, *Patch roof back-in. *Check and do misc repairs, r<Clean lower/upper roof Free of loose dirt and debris, Re-coat with Alum roof coat, Alternate#1-$1ii 200.00 ( I .... . A y Cj Ca r.Fv ,. u Clean upper roof free of loose dirt and debris and re-surface.Install whitc granular modified cap sheet. Coat lower roof, o dd new drams, ` Alternate#2-$24,400.00 `" .. ..:,. ti. At-L- Install white granular modified cap sheet on lower f upper roof_ Provide 10-year manufacture material warranty,Wcatherguard Roofing Co.5-year warranty with re-surface only. ... . ... • , _ a f 6- , Li . . Exclusion and Clarifications: tit fir... a(t Base Bid Work To Re Completed For The Sum Of: Nine Thousand Nine Hundred and 001100 Dollars( $9,900.00 ). With Payments To Be Made As Follows: • All n;mre"rnl IA mm mniced to hr as spncifcd. Al!work:to be completed in n prglsssionnl manner according to arotdm•d pr-acriccs. Any alien tine or derlation Jrnnt above Saccltirnfinnr int•olvint'cxrm ruses,wit be Grinned only noon Worn orders,mid will hceante nn vino charge aver and shave Ike'ertlntnlO. A11 am'eerrierrt?contingent upon Srri!:O-.=Vents or dclrn:t be and Onr rnnn•ol Owner errr•,fire,tornado and°har n^_CeSSn;'v Incnrn,C*. OW w rkrr.c are Ally COVrrcll b WD,AnNns rnmpensarion brwunnce. _,'�t ` �` j 11/10:2009 Note: This proposal may be withdrawn by us Authorized Signature Date if not accepted within 90 days. ***ACCEPTANCE OF PROPOSAL*" The above price.specifications and conditions arc satisfactory and arc hereby accepted. You are authorized to do the work as specified. Payments will be made as outlined above. Date: _ _•_. Authorized Signature: ___. —_....••--.-.K ---- ---,__�..__ cite? • thist. REFERENCES AnDISCi1 J PARK OISir I(_T E.V.A.•"LE;-j,N[ i"ARE Il,irfi o� (847) 695-0250 ETIILEIIEMUTIERA! FJR(HEL:IN,STHrO• BEST -fTlOE DUNDEE-CITY A L ITl i i�EL IF •� E L� ,'• FAX(847) 695-2202 ERES rV'• ORI • ETCV rtE .(JOE TEKf'IO LE-E• 41 r,11 I�tlI ALT iRl 1 _ LL IJ CJ�IM■Ir-Ji�`, J �c�E•E IIJ MEf1 H.HEF.�TI I EF. — LL.IIL141 T.^^-,RY D!S FI._T•FIRST AMERICA! RATE. =NEVI P7Li E. ROOFING CO.,INC. 345 WILLARD AVENUE HAEGER.E'OTIFRIES•HEATHER RIDGE GOLF CLUEHUUSE HC,IFER PLASTICS•KANE COUNTY FOREST PRESERVE•LISLE r Rr DIS T P.O.BOX 31 1 EE •C r CREEK CONDO HOMES•PINE MEADOWS TWN IM Since 1958 ,, t/,i11 il, ELGIN,ILLINOIS 60121-0031 THE ;KS Al ST.CHARLES•VILLAGE 01 ELK GROVE&HRc r rPT SAL VAT ION A,RMY•ST.MAR.Y'S CHURCH•STOCK BUIU M P.;5;01'11 r STATE OF ILLINOIS•VERIZON•VILLAGE OF WEST DLIIZ TE ALL;OL.IVIA COUNTRY CLUE; CONTRACT (Page 1 of Contract. See Reverse Side for Page 2 of Contract.) Contract#:ICK-3565-09 YWCA OF ELGIN Date of Contract Proposal: 111/3/09 Buyer ATTN. THOMAS RICCIO 220 E. CHICAGO STREET Job Location (YWCA OF ELGIN ELGIN ILLINOIS 60120 Address: 220 E. CHICAGO STREET City/State: (ELGIN ILLINOIS If not the Owner, then Buyer must provide written Authority to sign this Contract. Phone: (847 742 7930 Buyer is(check all applicable boxes): Fax: 847 742 8217 IX Owner r Manager or Agent of Owner Email: ITRICCIO @Yr General r Contractor r Indivdual WCAELGIN ORG Job Location Owner: r Partnership r Corporation Name: YWCA OF ELGIN r Other Address:1220 E. CHICAGO ST. ELGIN ILL. Singles Roofing Co., Inc.,an Illinois corporation,("SINGLES")will furnish all labor and materials("Work")and provide the equipment needed for the Work at the Job Location,subject to the terms and conditions set forth in this Contract that consists of this pagel and page 2 on the reverse side,incorporated into and made a part hereof. The work consists of: UPPER ROOF WE WILL PREPARE AREA INSTALL A ASPHALT PRIMER OVER AN AREA OF 30 X 30,INSTALL A SINGLE PLY MODIFIED BITUMEN OVER THIS AREA AND LEAVE A ONE FOOT AREA OPEN FOR WATER TO FLOW TO SCUPPER.SCUPPER BOX ON THE EAST SIDE OF THE UPPER ROOF WE WILL LOWER BOX,AND CUT OUT A 2 X 2 AREA OF THE ROOF TO CREAT A SUMP.ALUMINUM COAT ALL NEW ROOF REPAIRS. LOWER ROOF TWO AREA WE WILL PRIME AND INSTALL A MODIFIED BITUMEN WITH AN ALUMINUM COATING,ARE _ 0 FOR EACH AREA.CLEAN ALL DEBRIS ON COMPLETION OF OUR WORK.PERMIT COST IS INCLUDED IN PRICE. PRI 5975.00 ALTERNATE BID WE WILL PREPARE ENTIRE SURFACE,CLEAN OF ALL DIRT AND DEBRIS AND INSTALL A 2 PO ►P FIBR ALUMINUM ROOF COATING TO PROTECT AND EXTEND THE LIFE OF THE PRESENT ROOF. 1 * 0.00'\ Check Applicable Irk IT< Roofing r Sheetmetal r Tuckpointing r Other "ALL OF THE TERMS AND CONDITIONS ON THE REVERSE SIDE ARE INCORPORATED INTO AND ARE A PART OF THIS CONTRACT." Deposit: $ 11/3 DEPOSIT PRICE: (SEE ABOVE BALANCEAYMENT DUE: NET CASH UPON COMPLETION: 1 1/2% there This docume t is a binding contra on.SINGLES only if it is accepted in writing without changes or modifications by Buyer and returned to SINGLES within thirty (30)days affer the,ate of Con, ct Proposal.A 1 1/2 service charge will be added to the total price. Sing lesMkoo ng CA., I c. � — Date of Acceptance (1 „iJ � P Buyer CHARLES C.KARMALITA Authorized Signature STATE OF ILLINOIS ROOFER'S LICENSE 104-000013 By Remarks: r Authorized Agent of Owner(Attach written authority) Contracting Party WE ARE LICENCED AND INSURED IN THE STATE OF ILLINOIS. -'C Z �� {ZO �S • (— Office 7 Customer I— File ._ . t;,t 4 ` 4 INGLES ROOFING co., INC. ional Headquarters commercial • industrial • residential 936 E.Chicago Street PO Box,31 Elgin,IL 60120 847.695.0250 1.888.SAD.LEAK fax 847.695.2202 6 NEW ROOF. THAT WILL BE LEED APPROVED FOR ENVIRONMENTAL CONCERNS AND MAY ALLOW YOU Singles Roofing ' ' TO RECEIVE TAXCREDITS FROM THE GOVERNMENT. of Louisiana YOUR NEW ROOF WILL CARY A 15 YEAR (NDL) NO 3027 Ridgelake Drive Metairie,LA 70002 DOLLAR LIMIT WARRANTY DIRECT FROM GAF 504.292.8684 MATERIALS CORPORATION. TPO SINGLE PLY 1.888.SAD.LEAK MEMBRANE IS THE ONLY SINGLE PLY THAT HAS NO EXCLUSIONS FOR PONDING OF WATER. Road Control Roofing Company 50 e OWNER WILL HAVE LARGE AC UNIT DISCONNECTED _�0 Ritchie Ritc Capitol Hts.,MD 20743 AND CONNECTED ON COMPLETION OF NEW ROOF 410.810.4814 SYSTEM. SINGLES ROOFING WILL SUPPLY A CRANE 1.8E8.SAD.LEAK FOR THIS PROJECT. USA Roofing Inc. o INSTALL ALL NEW PREPAINTED GALVINIZED METAL 820 olive Street GRAVEL STOP, COPING, COUNTERFLASHING, AND SLIP Elgin,IL60120 METAL COLOR OF OWNERS CHOICE 847.742.7777 1.888.SAD.LEAK AND ONE (1) NEW SCUPPER BOX WITH DOWNSPOUT FROM UPPER TO LOWER ROOF. les Roofing Inc. • CLEAN ALL DEBRIS DURING AND ON COMPLETION OF ,orth Carolina OUR 'WORK. 308-D Sherwee Drive J Raleigh,NC 27603 e COST OF CITY PERMIT IS INCLUDED IF REQUIRED. 919.772.6670 __ 919.7 2.667 AK e WE ARE LI - � . , ' _N 1) _ N h rc.L. �_ £..,::_. �;1 n. s..- fax 919.772.6672 ILLINO ' . 12:ii___ lOrtrAt3 c)rl-C/5- -11 7gt Olqe 9b TOTAL COST FOR UPPER AND Imo'.•--'i. _a ,--i.,..-.•• MENUS S DO ATIOIC OFF ABOVE PRICE t-9:(.504.00 YOUR PRICE FOR ABOVE ROOF 591356.0 t\N't R ' -./ �. t f t � � r t r. /4444\. I' .,-,./ LI C 1 .,L.11,-.. \-- °- F` ,, -_ a ,ti w....,.. t r--s .s, l...r . Y 11;'12,'20019 ?2:11 847-888-3n1 WEATHERGUARD ROOFING RAGE 01 01 - Page I of 1 - Proposal .. Weatherguard.Roofing Company L4411k1Sih 345 Renner Dntc ]00 /[L x 47 VR847-S88-38 fI / Fax 54'-SSS-3018 Pi-apace/Submitted To: PhoTe7Fas: +Pate: m YWCA (847)742-7930 1. 11/16/2009 siren,: ,/,:d)warne 220 E Chicago St. 1_..YWCA _ _ ,..__......,,..----•'.....-----,... City.Stair and Zip: 1.1ab Location: Erin,n: 60120. _—. . , 220 E Chicago St., Elgin - _..,.. - ...__ Alk'nlion: Prnpnsal Sent Via: Thomas Riccio Fax(847) 742-8217 Thank you for the opportunity_ to bid this roofing projcct. The following is the scope of work, which Weatherguard Roofing Company will perfo Weatherguard Roofing Co.hereby agree to furnish all labor.materials and expenses necessary to perform work as specified below. BASE BID: Roof removal/replacement using white TPO roofing membrane(Energy Star approved and Leed compliant) *Ground area staging.fnr dumpsters and equipment to be predetermined at preconstruction meeting between.Weatherguard Roofing Company and- owners Representative. w Remove existing built-up roofing and roofing components including roof insulation to metal decking. *Locate and repair arras of bad dee:k, Deck replacement is not part of this bid and will he and extra charge of$4,50 sq ft,for repair and$7.25 sq ft.- for replacement, *install one layer of 2"polyisocyanurate insulation(R-12)mechanically attach to decking. *install tapered saddle hctwecn drains and scuppers. *Over new insulation.install a mechanically attach.045 mil TPO roof system and system components. 4 *install new 24ga pre-finish steel fascia and two new scuppers downspoutse Ifi1 . V Provide 15-year manufacture No Dollar Limit warrranty. t - Alternate#1-Add$2.600.00 • O- • Cl°.. _ Change membrane to.061)mil TPO with manufacture 20-year material warranty. r • 4 Nyr. ` r .. . ... . ..... .. -. 'Sw'Zags ..._. .... ....... ND,` = a� �G�� . - ..,:fir,, ..-ot.. . .„,,,,,,4- • „4,cht.'4 Exclusion and Clarifications: - ,,w�. rr Exclude carpentry.painting,plumbing and electrical „. (l' ,. . ., ........ .„. .. ...... . .,,„,.............„....... ... (OS ..ii,'cINUI3C) Base Bid Work To Be Completed for The Sum Of: Fifty Nine Thousand and 00/100 Dollars( $59,000.00 ). With Payments To Be Made As Follows: Al?mar,-,in/is gaarnneccel to On as.treelfjl4. All work rn he complatrri at a prxf acional manner acaordi,a to siandard aim/ices. Any alteration or dcu fail,from above.cpecfrinct am.c!n"Plrinc Ern' coo.wfii hr succored mdv upon wrirlen arderx,and will become an aura chpr;er over and above the imamate, AU agrecnranit corltingrnrl neon strikes,aceidanrr or delay,beyond nlrr canrraL Ow'lr. ,.orrr(ire.larumrlo and oilier ncecc.can'in,ipnnac. 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I ''ll I III :s .ag�f+'+1'::.:'sA.' ,, I10 I I'IIIIIII ��j hill III III i II ____..___ li xy ,rri 1 ! it I I* -r � '' ..• E._u '' :"-''3 :;_x, f:. � � I I I li .wk%i. .xss9.�rj z .:v -1 II h 111 j r1; 'r 11lJl�ll1 I I III 1111111 I n III r I ° Jr rII I I ' jr C'' '' C' . s'0Y tir�1 ;ills II II II VIII IIII rti€�?"n: III IIIIII IIIIII III .•; f � s;xr y; f .x,P.' r�"r .:mss ti 4 'r i�a 3 -�I 4,4' e:� e+ `, •c� 41 II ma; , , yy: 3 — I I I . " � I I 1 n R t ;; � ! frq ' 1 x 1' F A R R A S S O C I A T E S Architecture I Planning I Preservation The Monadnock Building ? � 53 West Jackson'Suite 650 ap' 4 Chicago IL 60604 312 408 1661• fax 312 408 1496 • • ELGIN YWCA FARR ASSOCIATES - BASE SCOPE OF WORK— FEASIBILTY/FUNDRAISING A. Feasibility/Fundraising Phase- Base Scope of Work The goal of the YWCA is to complete the General Scope of Services and Desired Outcomes listed on pages 5 and 6 of the RFP for a total of$28,000. Farr Associates also recommends holding an Integrated Design Workshop prior to the start of fundraising, all within the same budget. This level of effort/scope of work exceeds the funds available (true cost is in the $45—$50,000 range), but the Farr Associates team is interested in working with you to accomplish this task. Why?We embrace the YWCA's mission, are committed to accelerate the adoption of green building practices in Elgin and are inspired by the challenge. We believe that this is a great example of integrated design, the approach we use to deliver high performance buildings for little or no added cost. We propose to accomplish this task by using four integrated strategies as follows: 1. Work Fast and On Site We propose to attack the General Scope of Services by"camping"on site for 2 days. We believe that we can accomplish a great deal by using a team of three people from the Farr office(Principal, Project Manager, and a Sketch-up trained architect)and assistance from our MEP and Fire Protection engineers. To efficiently perform the work we will need "all hands on deck"from the staff of the YWCA, the City of Elgin Building Code Officials and the General Contractor.This event will both move the project along and potentially create a newsworthy"buzz"you can shape to support your campaign. 2. Hold an Integrated Design Workshop (IDW) On a separate day several weeks later we will hold an all day Integrated Design Workshop. At this event we will assess different strategies for accomplishing the program and pre-view sustainable design strategies. 3. Work in Sketch-up Sketch-up is a 3-dimensional architectural sketching program owned by Google. (Link: http://sketchup.google.com/index.html)This program will allow us to quickly test and communicate design scenarios and to generate plans, elevations as we go. The drawings will all be outputs from the Sketch-up model. (Renderings or models are available as a supplemental service.) a. The deliverables include: b. Concept Floor plans c. Roof Plan d. Site Plan e. Exterior elevations at streetscape sides f. Sketch-up level three-dimensional view(may be supplemented see below) g. Outline specification Page 1 of 4 4. Collaborate with/Rely on Contributions by Others This last strategy is our of our control and relies on the YWCA's ability to"work"its staff and connections to get things done as follows: a. . We will rely on the base-plans prepared by the Judson college classes. b. We will provide the YWCA with programming materials and work with you to develop its draft written program ahead of time. FA will create alternates such as using the pool for classrooms versus auditorium for YWCA review. c. Rely on the Elgin Building Code officials to do a first walk through and list code violations they see or suspect to complete General Scope Item#4. d. Rely on the facilities manager to record the condition of the building and its systems pursuant to General Scope Item#3. e. Rely on a general contractor, rather than a cost estimator, for construction pricing. (YWCA has a relationship with a GC that may be helpful here.)The deliverables from the general contractor shall include: i. Statement of Probable Construction Cost ii. Statement of Probable Project Costs including FFE f. Fund raise for reimbursable expenses (see item#1 below) Feasibilty/Fundraising-Schedule We anticipate that board approval will occur in the middle of December and that a contract can be agreed to before 2010.We propose to hold the "campout"in January or February of 2010 and to hold the Integrated Design Workshop in March or April of 2010. The final deliverables will be available roughly one month after the IDW. Feasibility/Fundraising Fees-Base Scope Mobilization $2,000 Initial 2 day"campout" $8,000 IDW preparation $4,000 IDW $10,000 Report $4,000 Total $28,000 Menu of Supplemental Services (excluded from base scope) The following fees are excluded from the base scope and may be added should additional funds be available. 1. Reimbursible expenses, printing, mileage, lodging. 2. Full IDW with all consultants (structural, civil, landscape, spec.) 3. Renderings (beyond 4 hours of sketch-up output) 4. Scale Models 5. LEED Registration 6. Video B. Architectural and Engineering Design - Base Fees Once the fundraising is complete, the detailed design work will start in earnest. The scope of work and resulting construction budget are not known at this time. (During the building walk through a target budget of$4,000,000 was mentioned.)The fees for architectural and engineering design Page 2 of 4 (schematic, design development and contract documents), bidding, permitting, and construction administration will fall in the range of 7.25—9.75% of hard construction costs. These base costs include green design fees (which are often grant eligible)as follows: 1.: Energy modeling ' $8,000 to 12,000 _ 2. Basic Building Commissioning $8,000-.12,000 _ 3. LEED Certification $20,000- $24,000 C. AIA Contract This agreement will be formatted to supplement American Institute of Architects Contract B102- 2007 Standard Form of Agreement between Owner and Architect without a Predefined Scope of Architect's Services Authorization to Proceed on Base Scope of Work The dated signatures of authorized representatives of Farr Associates and the YWCA below constitute written authorization for Farr Associates and its consultants to proceed with the $28,000 scope of work described herein. \ ,. (-----..\ „ om, .,- 4--Farr f�•aates E\ YWCA/ ____>, q Doug Far r, President PfJG" ] '� Doti- - (111791e- l Printed Name, Tide Printed Name,Ti e G Date Date Page 3 of 4 ELGIN YWCA FARR ASSOCIATES - BASE SCOPE OF WORK- FEASIBILTY/FUNDRAISING This scope of work supplements the base scope of services, allowing the architectural and engineering consultant team to complete the assessment and preliminary feasibility study for the renovation of the YWCA. The supplemental scope and fees are described below: Fees Conceptual drawings and design alternatives $9,000 Enhanced consultant participation at walk-through (structural, civil) $3,000 Enhanced consultant participation at IDW(landscape, civil) $3,000 Enhanced building condition report $2,000 Renderings (beyond 4 hours of sketch-up output) $3,000 Subtotal Fees $20,000 Expenses Reimbursible expenses, printing, mileage, lodging. (estimated) $2,000 LEED Registration (estimated) $2,000 Subtotal Expenses $4,000 Total Supplemental Budget $24,000 Authorization to Proceed on Supplemental Scope of Work. The dated signatures of authorized representatives of Farr Associates and the YWCA below constitute written authorization for Farr Associates and its consultants to proceed with the $20,000 scope of work described above. Farr ociates Ergin YWCA' Doug Farr, President � ��� L;��� ���� � (// /e — Printed Name, Title Printed Name, Title 1))_ Date Date Page 4 of 4 12. Organizational Structure YWCA Elgin Mission Statement Tax-exemption Determination Letter Articles of Incorporation By-Laws List of Board of Directors Board of Directors Resolution Organization Chart Résumé of CEO Julia A. McClendon and CFO Ann Louis Financial Statement Audit YWCA Elgin Mission Statement: YWCA Elgin is dedicated to eliminating racism, empowering women and promoting peace, justice, freedom, and dignity for all. YWCA Elgin Vision Statement: "YWCA Elgin is a safe, nurturing hub of activity that brings together women, youth and families of diverse backgrounds to a place that fosters growth, leadership and prosperity. Through lifelong learning, leisure, and friendship, we enrich the community by empowering women and advancing the goal of eliminating racism." - FJt,� Illinois Department of Revenue Office of Local Government Services Sales Tax Exemption Section, 3-520 { 101 W.-Jefferson Street % Springfield, Illinois 62702 • 217 782-8881 April 14, 2006 • • • YWCA OF ELGIN EXECUTIVE DIRECTOR 220 EAST CHICAGO STREET ELGIN IL 60120 • • • We have received your recent letter; and based on the information you furnished, we believe YWCA OF ELGIN 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: E9978-5498-05. 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 individual members of the organization to make purchases for their individual use. This exemption will expire on May 1, 2011, 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 Revenue • STS-49 (R-2/98) IL-492-3456 11-0000017 • X J E 11 .�: - (c. E S . ., .,. (P.:,',:f..,4.;,z,'-'1':.-1.1'.1..1 (i ( ' f)e1.1attnicr4f - , , ,4,) o .estate. . ..•:� .".. ,r: ;; - `- •JANIDS A. IinSE, Sccrct;iot) or State. • uo "I:ill to 'nfbom TETOCi3C. Drescnts ;Zinn Come--Crccting: 1i71ER.]iAS, a CERTIFICATE, ditty sisn.cd and acknowledbed, having been fled, in the o/Jh,e f , /' /yo i of the Secretary of State, on the day of/ 1�- 24_7 A. D. ICJ for the or,janization of the ................................------_ _..-..___..._.....___....._..._...._._.. .._ • rtnder and in, accordance with the provisions of "„1N ACT COXCERXIXO COItP011✓1TIO S," approved April 18, 1872, and in force July 1, 187E, a copy of which certificate is hereto attached, Now, Therefore, I, JAMES A. _ROSi, Secretary of State of the,Slate of Illinois, by virtue of the powers and duties vested,in me by law,do hereby certify tltctt the said /�'L( �'r(�t2��-r.1 ..!!?JCvl�.t.J........ /f fit, C/ �O�..e,,',4:6,,;(./ ... /1:,,,l':trS � (:C----r-o-r� ........... is a lesn.11y or_u.nized Corporation, under the laws of lhis State. In Testimony Whereof, I hereto set my hand and cause to be affixed. the Great Seal of State. Darr,at the.Cud of'S/,i•i.a.di cl,d., this.......... ,/�._........................... clay of...014/7-1-4—t--- LCD in the ycnr of our / Lord one tltoitsancl crrertfi•huadrerl and.tri-re; -....G`z::tJ f_ and of the independence of the United States flit one.Jain- . �.' circa and_...., P�/ t (006/ , Secretary of St tc. t YWCA Elgin BYLAWS An Illinois Not for Profit Corporation November 20th,2006 • TABLE of CONTENTS ARTICLE 1 - NAME,MISSION,AND FUNCTION 1 ARTICT,E 2- QUALIFICATIONS FOR DIRECTORS, OFFICERS,ASSOCIATION NOMINATING COMMITTEE,AND STANDING COMMITTEES 2 ARTICLE 3 - BOARD OF DIRECTORS 2 ARTICT.F 4-MEETINGS,AGENDA, NOTICE, QUORUM,VOTING 5 ARTICLE 5 -VOTING DELEGATES TO REGIONAL COUNCIL MEETINGS AND NATIONAL MEETINGS 7 ARTICLE 6 - OFFICERS OF THE ASSOCIATION 7 ARTICT Pi 7 - COMMITTEES OF THE ASSOCIATION 10 ARTICLE 8 -NOMINATION AND ELECTION PROCEDURES 10 ARTICLE 9 - STAFF OF THE ASSOCIATION 11 ARTICLE 10 - CONTRACTS, LOANS, CHECKS,AND DEPOSITS; SPECIAL CORPORATE ACTS 11 ARTICLE 11 -DECENTRALIZED UNITS 12 ARTICLE 12-INDEMNIFICATION 12 ARTICLE 13 -FISCAL YEAR 13 ARTICLE 14- RULES OF ORDER 13 ARTICLE 15 -GENERAL AMENDMENTS 13 ARTICLE 16-AMENDMENTS AFFECTING MEMBERSHIP IN THE YWCA OF THE U.S.A. 14 ARTICT,E17 -MISCELLANEOUS PROVISIONS 14 -i- YWCA Elgin Bylaws - • An Illinois Nonprofit Corporation ARTICLE 1 -NAME,MISSION,AND FUNCTION 1.1 Name. The YWCA Elgin (hereinafter referred to as "the Association"), is a member of the YWCA of the United States of America, Inc. ("the YWCA of the USA"), and a member of the Great T ekes Alliance Regional Council of the YWCA of the USA, Inc. ("the Regional Council"). 1.2 Mission. The Association unites in the following statement of Mission ("the Mission"): The YWCA of the USA is a women's membership movement nourished by its roots in the Christian faith and sustained by the richness of many beliefs and values. Strengthened by diversity, the Association draws together members who strive to create opportunities for women's growth, leadership and power in order to attain a common vision. Peace,justice,freedom and dignity for all people. Our one Imperative: to thrust our collective power toward the elimination of racism wherever it exists and by any means necessary. 1.3 Organization. (a) The Association is a charitable organization and at all times and within such purposes, shall operate exclusively for charitable, scientific, and educational purposes, within the meaning of Section 501(c)(3) of the Internal Revenue Code. (b) The Association is a nonprofit, directorship corporation under 805 Illinois Compiled Statutes 105, General Not for Profit Corporation Act of 1986. (c) The Association may not take any action prohibited by the laws of Illinois. The Association may not engage in any activities that do not further the Mission or its purposes as set forth in the Articles of Incorporation and these Bylaws. The Association may not take any action that would be inconsistent with the requirements for an exemption under Section 501(c)(3) of the Internal Revenue Code and related regulations, rulings, and procedures. .ARTICLE 2-QUALIFICATIONS FOR DIRECTORS, OFFICERS,ASSOCIATION NOMINATING COMMITTEE,AND STANDING COMMITTEES 21 Directors, Officers, and people serving on the Nominating Committee and standing committees shall be people so selected who have consented to individual acceptance of responsibility to further the achievement of the Mission of the Association. ARTICLE 3 -BOARD OF DIRECTORS 3.1 General Powers and Number. (a) Management. The business, property, and affairs of the Association shall be managed by its Board of Directors. (b) Number. There shall be not fewer than fifteen (15) and not more than twenty-four (24) Directors of the Association. 3.2 Responsibilities. Responsibility for carrying on the work of the Association shall be delegated to the Board of Directors of the Association. As the leaders of the Association, the Board of Directors is responsible for: (a) Maintaining the Association as a separate autonomous women's organization with an established Mission; (b) Fostering development of the Association as a women's membership movement; (c) Communicating the Mission to members and assuring that they have opportunities to take part in furthering the Mission;Adhering to standards of YWCA Hallmark programs as defined by the National Coordinating Board and to other standards that may apply; (d) Determining and carrying out the policies and programs of the Association; (e) Ensuring that the Association's policies and practices reflect the Regional Council's and the YWCA of the USA's organizational commitment to racial, ethnic, cultural, and age diversity; (f) Controlling operating funds and capital assets for the use and benefit of the Association as may be vested in a board of trustees under State law; - 2- (g) Maintaining accounting standards in accordance with generally accepted accounting principles consistently applied and maintaining solvency; (h) Operating in compliance with applicable law; (i) Assuming final responsibility for personnel policies and delegate for employment of staff to the President; and, ensuring that all eligible employees participate in the YWCA Retirement Fund; (j) Assuring that membership in the Association is available to women and girls aged 12 and over; (k) Assuring that the Association implements the branding requirements established by the National Coordinating Board; (1) Maintaining a responsible relationship with the Regional Council and the YWCA of the USA in accordance with the respective Bylaws of the Regional Council and the YWCA of the USA. This includes providing requested financial, statistical information and status reports to Regional Council and National Coordinating Board; and paying dues as established by Regional Council; (m) Ensuring that the Association participates as a reviewer and by being reviewed in a peer review process, the elements of which are specified by the National Coordinating Board. 3.3 Nominations. Procedures for nomination of Directors, as established in Articles 7 and 8 of these Bylaws, shall assure a Board of Directors that is representative of the community served by the Association. 3.4 Election,Term of Office, Vacancies. (a) Election. One-third (1/3) of the entire number of the Board of Directors, exclusive of ex-officio Directors, shall be elected annually by the Board of Directors from candidates nominated according to provisions in Article 8 of these Bylaws. (b) Term of Office. Each Director's term of office shall be two (2) years. Each Director shall serve until her term expires and her successor is elected and qualified, or until her earlier resignation or removal. The date of the Board meeting subsequent to the election shall be the date on which the term of office begins and expires. No Director may serve more than three (3) full terms in succession unless exception is made according to the following provisions: (1) When renomination to the Board of Directors is requested by the Nominating Committee of the Board in order that the Director serving - 3 - three (3) full terms previously may be nominated as Chairperson or Chairperson-Elect of the Association; (2) To extend the term of a Chairperson by nominating her to fill a vacancy for not more than one (1) year of an unexpired term when unusual . • circumstances require continuity in the office of-a Chairperson. (c) Vacancies. The Board will fill any vacancies occurring in the interim between annual elections from nominations made by the Association Nominating Committee. The person appointed to fill such a vacancy shall serve the remainder of the term and then be eligible for nomination and election for three (3) succeeding full terms. 3.5 Removal. Any Director may be removed by two-thirds (2/3) vote of the Board of Directors with or without cause. In addition, the Board of Directors may remove a Director who is absent without excuse from three (3) consecutive Directors meetings by majority vote of the Directors present at a Directors meeting when a quorum exists. When a Director is removed, her successor shall be elected or appointed according to Section 3.3 and Section 3.4 above to complete the term of her predecessor. 3.6 Conflict of Interest. No Director will vote on any matter in which, to her knowledge, the Director, a member of the Director's immediate family or life partner, or an organization in which the Director is serving as officer, trustee, partner, employee, or independent contractor has a direct or indirect conflict of interest as defined by the policies of the Board of Directors. A Director will disclose fully to the Board the nature of any potential conflict of interest. Her failure to do so will be cause for immediate removal from the Board of Directors. 3.7 Salaries and Expenses. No Director shall receive a salary or other compensation by reason of the fact that she is a Director, but shall be entitled to reimbursement of reasonable expenses for travel, which shall be budgeted and paid by the Association. 3.8 Resignations. A Director may resign at any time by sending a letter to the Chairperson. The Chairperson will notify the Board of the resignation. The resignation is effective upon its receipt by the Chairperson or a subsequent time as set forth in the notice of resignation. 3.9 Committees of the Board of Directors. There shall be such standing and special committees of the Board of Directors as are required to carry on its work. All standing committees are established by the Board of Directors. The chairpersons of all standing committees of the Board of Directors shall be Directors. - 4- ARTICLE 4-MEETINGS,AGENDA, NOTICE, QUORUM,VOTING 4.1 Meetings. (a) Annual Meeting. The annual meeting of the Board may be held at such place, at such time as the Board of Directors may determine. The annual • meeting may be for the purpose of (i)receiving annual reports of the Board of Directors, Officers, and various committees; (ii) announcing results of elections to the Board of Directors; (iii)receiving and approving financial statements showing the financial position of the Association as of the close of its most recent complete fiscal year and the results of operations during such year; and, (iv)transacting such other business as may come before the meeting. (b) Other Regular Meetings. In addition to the annual meeting, the Directors may have such other regular meetings as may be established by resolution of the Board of Directors. Each regular meeting shall be held at such place as the Chairperson or the Board of Directors may specify. (c) Special Meetings. Special meetings of the Board may be called by the Chairperson or Board of Directors at any time and place and shall be called within five (5) days of a request in writing of the Chairperson or any Director, such request specifying the object of the special meeting. No other business shall be transacted. 4.2 Methods of Conducting a Meeting. The Board may permit any or all Directors to participate in a meeting by, or to conduct the meeting through the use of, any means of communication by which all participating Directors may simultaneously hear each other's communications during the meeting. 4.3 Agenda. The agenda shall include matters of importance to the Association upon which the opinion of the Board of Directors is desired. Directors attending such meetings shall be provided with copies of the agenda, and a vote to approve or amend same will be the first order of business at all meetings, except in the case of special meetings where the agenda business is limited as set forth in Section 4.1(c). 4.4 Notice. A written notice of any meeting of the Directors, regular or special, shall be mailed, delivered personally, or sent by facsimile or electronic mail to each Director who is entitled to attend the meeting at least five (5) days in advance thereof; and shall indicate the time and place of the meeting. Notice for a special meeting shall also include the purpose of such meeting. 4.5 Waiver of Notice. Any Director may waive notice of any meeting by written statement, electronic mail, or facsimile sent by the Director, signed before or after the holding of the meeting. The attendance of a Director at a meeting shall constitute a waiver of notice of such meeting, except when a Director attends a meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened. - 5 - 4.6 Quorum. A majority of the Directors shall constitute a quorum at the meetings, but if less than a majority of the Directors are present at a meeting, a majority of the Directors present may adjourn the meeting from time to time without further notice. Policy regarding the quorum at site meetings shall be established from time to time by the Board of Directors prior to any meeting. Procedures for voting eligibility and quorum determination will be determined bythe Board of Directors. 4.7 Voting Procedures. (a) All Directors shall be entitled to attend any meeting and shall be entitled to vote on such matters pertinent to the Association and subject to a vote of the Directors. Voting by proxy is permitted. Other persons may be invited to attend such meetings,but such persons shall have no vote. (b) Except in the case of elections where voting may be by ballot, voting at a meeting may be by ballot, voice, or show of hands as the Chairperson of the meeting may rule, unless otherwise determined by the Directors entitled to vote. (c) Unless otherwise required by law, the Articles of Incorporation, or these Bylaws, any question presented to a meeting of the Directors at which a quorum is present shall be determined by a majority of those actually voting. 4.8 Manner of Action. Except as otherwise provided in these Bylaws, the act of the majority of the Directors present at a meeting at which a quorum is present shall be the act of the Board of Directors. 4.9 Presumption of Assent. A Director of the Association who is present at a meeting of the Board of Directors at which action on any corporate matter is taken shall be presumed to have assented to the action taken unless: (a) that Director's dissent is entered in the minutes of the meeting; (b) that Director files a written dissent to such action with the person acting as the Secretary of the meeting before the adjournment thereof or (c) that Director forwards her written dissent by certified mail to the Secretary of the Association immediately after the adjournment of the meeting. Such right to dissent shall not apply to a Director who voted in favor of such action. 4.10 Consent Without Meeting. Any action required or permitted by the Articles of Incorporation, these Bylaws, or any provision of law to be taken by the Board of Directors or Committee thereof at a meeting or by resolution may be taken without a meeting if a consent in writing, setting forth the action so taken, shall be signed by all of the Directors or members to the Committee then in office. Such consent shall have the same effect as a vote - 6 - of such Directors or Committee members and may be stated as such in any Articles or docuuments filed with the State of Illinois. ARTICLE 5 -VOTING DELEGATES TO REGIONAL COUNCIL MEETINGS AND NATIONAL MEETINGS 5.1 Selection. The Board of Directors shall appoint two (2) voting delegates to Regional Council meetings and meetings of the YWCA of the USA in accordance with the provisions of the Bylaws of the Regional Council or the YWCA of the USA, as applicable. At least one (I) of the voting delegates to the Regional Council and to the YWCA of the USA must be a volunteer. 5.2 Number. The number of voting delegates to which the YWCA is entitled shall be determined by the criteria established by the Bylaws of the Regional Council or the Bylaws of the YWCA of the USA, as applicable. 5.3 Salaries and Expenses. The voting delegates to the meetings for the Regional Council and the YWCA of the USA shall not receive a salary or other compensation, but shall be entitled to reimbursement of reasonable expenses for travel, which shall be budgeted and paid by the Association. ARTICLE 6-OFFICERS OF THE ASSOCIATION 6.1 Officers. (a) Positions. The Officers of the Association shall be a Chairperson of the Board, a Vice Chairperson of the Board, a President, one (1) or more Vice Presidents, a Secretary, and a Treasurer. Additional Officers may be added as the Board of Directors may determine from time to time. The Officers of the Association shall serve also as Officers of the Board of Directors. (b) Election. The Board of Directors shall elect the Officers. (c) Additional Officers. The Board of Directors may elect one (1) or more additional Vice Presidents, Assistant Secretaries, and Assistant Treasurers, each of whom may be a Director, and may also appoint such other Officers, employees, and agents as they may deem necessary for the transaction of the business of the Association. 6.2 Duties. (a) Chairperson. The Chairperson of the Board shall preside at all meetings of the Board. She may appoint other presiding Officers for other parts of meetings held at program sites. The Chairperson may sign, swear to, execute, file, certify or acknowledge any documents, instruments, agreements, Articles, - 7 - statements, certificates, or reports, required or permitted to be signed, sworn to, executed, filed, certified, or acknowledged by an Officer of the Association. The Chairperson shall have such other powers and duties as may from time to time be prescribed by the Bylaws or byresolutions of the Board of Directors. (b) Vice Chairpersoi. In the absence of the Chairperson or in the event of the Chairperson's death, resignation, inability, or refusal to act, the Vice Chairperson shall perform the duties of Chairperson, and when so acting, shall have all the powers of and be subject to all the restrictions upon the Chairperson. The Vice Chairperson shall perform such other duties as from time to time may be assigned to the Vice Chairperson by the Chairperson or by the Board of Directors. (c) President. The President of the Association shall be the principal executive officer of the Association and, subject to the control of the Board of Directors, shall supervise and control all of the business and affairs of the Association. The President shall be a contributor of the Association. She shall serve as an ex-officio, non-voting Director. She shall be required to attend National and/or Regional Training, conferences, and meetings. The President shall have authority, subject to such rules as may be prescribed by the Board of Directors, to appoint such agents and employees of the Association as the President shall deem necessary; to prescribe their powers, duties, and compensation; and to delegate authority to them. Such agents and employees shall hold office at the discretion of the President. The President shall have authority to sign, execute, and acknowledge, on behalf of the Association, all deeds, mortgages, bonds, stock certificates, contracts, leases, reports, and all other documents, or instruments necessary or proper to be executed in the course of the Association's regular business, or which shall be authorized by resolution of the Board of Directors; and, except as otherwise provided by law or the Board of Directors, the President may authorize any other Officer or agent of the Association to sign, execute, and acknowledge such documents or instruments in the President's place and stead. In general, the President shall perform all duties as may be prescribed by the Board of Directors from time to time. (d) Vice President(s). The Vice President shall be responsible for major areas of the Association as determined by the organization's structure that is approved by the Board of Directors. The Vice President shall have all the powers, as designated, and perform all the duties of the President in her absence. (e) Secretary. The Secretary of the Association shall serve as the Secretary of the meetings. She shall see that Directors are properly notified according to procedures approved by the Board of Directors. She shall be responsible for keeping accurate minutes of such meetings, including a record of all actions taken. She may be assisted by recorders appointed by the President. (f) Treasurer. The Treasurer shall ensure that the financial operations of the Association are managed effectively and efficiently, and that the funds of the - 8 - Association are deposited in a bank designated by the Board of Directors. She shall see that an audit is conducted by a qualified auditor at the end of the fiscal year. She shall assure that a complete financial statement is presented at the annual meeting of the Board. The Treasurer shall ensure that an annual audit is sent to the - Regional Council as required by the Bylaws_ of the Regional Council. She shall provide all requested financial and statistical information requested by the Regional Council and the YWCA of the USA. The Treasurer shall see that all financial obligations to the Regional Council and the YWCA of the USA are paid at the time designated by the Board of Directors or the Finance Committee. (g) Assistants and Acting Officers. Assistant Secretaries and Assistant Treasurers, if any, selected by the Board of Directors shall perform such duties and have such authority as shall from time to time be delegated or assigned to them by the Secretary or the Treasurer, respectively, or by the President or the Board of Directors. The Board of Directors shall have the power to appoint any person to perform the duties of an Officer whenever for any reason it is impracticable for such Officer to act personally. Such acting Officer so appointed shall have the powers of and be subject to all the restrictions upon the Officer to whose office the acting Officer is so appointed except as the Board of Directors may by resolution otherwise determine. 6.3 Election. The Board Chairperson may appoint a Nominating Committee to present a slate of Officers for election by the Board. The Officers shall be elected at the annual Board meeting. They shall serve for one (1)year or until their successors are elected, provided that they are still Directors. They may be reelected for a maximum of one (1) additional term. 6.4 Removal. Any Officer elected or appointed by the Board of Directors may be removed by two-thirds (2/3)vote of the Board of Directors with or without cause. 6.5 Vacancies. A vacancy in any office because of death, resignation, disqualification, or otherwise, may be filled by the Board of Directors for the unexpired portion of the term. 6.6 Salaries. The president can receive compensation. No Officer shall receive a salary from the Association by reason of the fact that she is an Officer of the Association. 6.7 Service in More Than One Office. Any two (2) offices of the Association, except those of President and Vice President, maybe held by the same person but no Officer shall sign, acknowledge, or verify any instrument in more than one capacity. - 9 - ARTICLE 7-COMMITTEES OF THE ASSOCIATION 7.1 Association Nominating Committee. (a) Members. The Association Nominating Committee shall consist of two (2) to five (5) Directors. The President and Chairperson shall be ex-officio members of the Committee but without the right to vote. (b) Duties. The Committee shall maintain a list of potential candidates, who are contributors of the Association, who are qualified by skill and experience to be Directors or serve on the committees of the Association. The Committee also shall carry the responsibilities outlined in Section 8.1 and, in addition, shall present candidates for vacancies occurring on the Board of Directors or on elected committees during the interim between regular elections. (c) Election, Term of Office. All members of the Nominating Committee shall be appointed annually by the Chairperson with the approval of the Board of Directors and shall serve for one (1) term, unless appointed to serve for subsequent terms. 7.2 Executive Committee. Executive Committee consists of the Officers of and not more than two (2) additional Directors appointed by the Chairperson upon commencement of her term as Chairperson. The Committee may hold meetings in the interim between regular meetings of the Board of Directors for purposes that ensure the fulfillment of established goals. The Executive Committee shall be subject to direction by the Board of Directors and has all the powers of the Board, except that it shall not reverse any action of the Board or approve any expenditure not previously authorized by the Board. All actions of the Executive Committee must be ratified by the Board of Directors at its next regular meeting, except where advance authority for such action has been granted. 7.3 Other Committees of the Association. The President may appoint special committees of the Association for specific studies, concerns, or events related to the work of the Association when such responsibilities are not delegated to standing or special committees of the Board of Directors. ARTICLE 8-NOMINATION AND ELECTION PROCEDURES 8.1 Nomination. The Nominating Committee, in accordance with Section 7.1, shall present to the Board of Directors a ballot, including nominees for Board of Directors and the Nominating Committee, in advance of the last regular meeting prior to the annual meeting of the Directors. 8.2 Balloting Methods. The Board of Directors shall be responsible for the establishment of balloting methods that safeguard the rights of voting Directors to a secret ballot and that provide assurance that ballots are cast only by voting Directors. - 10 - ARTICLE 9-STAFF OF THE ASSOCIATION 9.1 Employment. All staff shall be employed according to policies established by • the Board of Directors. . . 0 • 9.2 Management. The management of the Association shall be entrusted by the Board of Directors to the President and to such other management staff as maybe required. ARTICLE 10-CONTRACTS,LOANS, CHECKS,AND DEPOSITS; SPECIAL CORPORATE ACTS 10.1 Contracts. The Board of Directors may authorize any Officer or Officers, agent or agents, to enter into any contracts, to execute and deliver any instrument, or to ack- nowledge any instrument required by law to be acknowledged in the name of and on behalf of the Association. Such authority may be general or confined to specific instances but the appointment of any person other than an Officer to acknowledge an instrument required by law to be acknowledged should be made by instrument in writing. When the Board of Directors authorizes the execution of a contract or any other instrument in the name of and on behalf of the Association, without specifying the executing Officers, the President or the Secretary may execute the same. 10.2 Loans. No loans shall be contracted on behalf of the Association and no evidences of indebtedness shall be issued in its name unless authorized by a resolution of the Board of Directors. Such authority may be general or confined to specific instances. 10.3 Checks, Drafts, Etc. All checks, drafts, or other orders for the payment of money, notes, or other evidences of indebtedness issued in the name of the Association, shall be signed by such Officer or Officers, agent or agents, of the Association and in such manner as shall from time to time be determined by resolution of the Board of Directors. 10.4 Deposits. All funds of the Association not otherwise employed shall be deposited from time to time to the credit of the Association in such banks, trust companies, or other depositories as the Board of Directors may select. 10.5 Voting of Securities Owned by the Association. Subject to the specific directions of the Board of Directors, any shares or other securities issued by any other corporation and owned or controlled by the Association may be voted at any meeting or security holders of such other corporation by the President of the Association, or, in the absence of the President, by the Treasurer of the Association; or in the absence of the President and Treasurer, by the Secretary of the Association. Such consent in respect to any shares or other securities issued by any other corporation and owned by the Association shall be executed in the name of the Association by the President, Treasurer, or Secretary of the Association without necessity of any authorization by the Board of Directors, affixation of corporate seal or countersignature, or attestation by another Officer. - 11 - 10.6 Contracts Between the Association and Related Persons. Any contract or other transaction between the Association and one or more of its Directors, or between the Association and any firm or entity of which one (1) or more of the Association's Directors are Directors, Officers, partners, shareholders, or employees, shall be valid for all purposes, notwithstanding the presence of such Director or Directors at the meeting of the Board of Directors of the Association which acts upon, or in reference to, such.contract or transaction, and notwithstanding the Director or Directors participation in such action, if the fact of such interest is disclosed or known to the Board of Directors and the Board of Directors shall authorize, approve, and ratify such contract or transaction by a vote of a majority of the Directors present, such interested Director or Directors to be counted in determining whether a quorum is present, but not to be counted as voting upon the matter or in calculating the majority of such quorum necessary to carry such vote. This section shall not be interpreted to invalidate any contract or other transaction which would otherwise be valid under the common and statutory law applicable thereto. ARTICLE 11-DECENTRALIZED UNITS 11.1 Organization. The Association may organize such branches as may be expedient for the development of the Association in certain geographic areas within the total community served by the Association. 11.2 Discontinuance. The Association may discontinue any of the branches, provided the proposal has been referred to a Board of Directors meeting for discussion and consideration. Final decision and action shall be the responsibility of the Board of Directors. 11.3 Decentralized Program Other Than in Branches. The Association may establish such program sites or centers as may be expedient for the development of the Association in certain geographic areas within the total community served by the Association. Decisions regarding relocation or dissolution of such units shall be the responsibility of the Board of Directors. ARTICLE 12-INDEMNIFICATION 12.1 Indemnification. The Corporation shall indemnify its Directors and officers against expenses (including attorney fees), judgments, fines, and amounts paid in settlement actually and reasonably incurred by them in connection with any actions or suits brought or threatened against them, including actions by or in the right of the Corporation, by reason of the fact that such person served as a Director or officer of the Corporation, to the fullest extent provided by law. 12.2 Authorization of Indemnification. Indemnification shall be made unless there is a determination that such officer or Director did not act in good faith and in a manner he/she reasonably believed to be in or not opposed to the best interests of the Corporation. Such determination shall be made: - 12 - (a) By majority vote of a quorum of Directors who were not parties to such action or suit. (b) If a quorum of disinterested Directors direct,by written opinion of legal counsel for the Corporation, or by-other independent counsel. 12.3 Other employees, agents, or other non-Director or non-officer volunteers may be indemnified by the Corporation in accordance with the statutes and lawsl applicable to Illinois nonprofit corporations. 12.4 Liability Insurance. The Association may purchase and maintain insurance on behalf of any person who is or was a Director, Officer, employee, or agent of the Association, or is or was serving at the request of the Association as a Director, Officer, employee, or agent of another Association, partnership, joint venture, trust, or other enterprise against any liability asserted against her and incurred by her in any such capacity or arising out of her status as such, whether or not the Association would have the power to indemnify her against such liability under this Bylaw. ARTICLE 13-FISCAL YEAR 13.1 Fiscal Year. The Fiscal year of the Association shall begin on July 1 and end on June 30. ARTICLE 14-RULES OF ORDER 14.1 Rules. The proceedings of the Association shall be governed by Robert's Rules of Order, Newly Revised, except where these rules conflict with provisions of applicable law, these Bylaws,or any special rules of order the Association may adopt. ARTICLE 15 -GENERAL AMENDMENTS 15.1 Bylaw Amendments. These Bylaws may be amended at any meeting of the Directors,by a two-thirds (2/3) affirmative vote of those voting provided that: (a) The amendment does not relate to membership in the YWCA of the USA; and (b) Notice of the meeting stating that the proposed amendment will be considered and voted upon has been given to the Directors at least five (5) days prior to the meeting. - 13 - ARTICLE 16 -AMENDMENTS AFFECTING MEMBERSHIP IN THE YWCA OF THE U.S.A. 16.1 Transfer of Membership in the YWCA of the USA or Change in Form of Organization. For any Bylaw amendment which would.alter these Bylaws in such a way as to affect the Association's affiliation with the Regional Council or the YWCA of the USA, the required procedures for general amendments must be met and, in addition, the amendment must be passed by a two-thirds (2/3) affirmative vote of the voting Directors present at two (2) subsequent meetings of the Directors. ARTICLE 17-MISCELLANEOUS PROVISIONS 17.1 Construction of Bylaws. (a) If any Bylaw provision is held to be invalid, illegal, or unenforceable in any respect, the invalidity, illegality, or unenforceability will not affect any other provision and the Bylaws shall be construed as if the invalid, illegal, or unenforceable provision had not been included in the Bylaws. (b) The headings used in these Bylaws are used for convenience and shall not be considered in construing the terms of these Bylaws. THESE AMENDED AND RESTATED BYLAWS WERE ADOPTED AT A BOARD OF DIRECTORS MEETING ON THE 20th DAY OF November, 2006. (Signature of YWCA Elgin Chairperson) 13305(001)278007.01 - 14- RECORD OF ADOPTION AND AMENDMENTS THESE AMENDED AND RESTATED BYLAWS WERE ADOPTED AT A MEMBERSHIP MEETING ON 2 Zoo. O/ OQ1, President Ai.„/L, Secretary • THIS CONSTITUTION AND BYLAWS ADOPTED AT YWCA MEMBERSHIP MEETING ON OCTOBER 5, 1966 AMENDED AT MEMBERSHIP MEETING AS FOLLOWS: Article I Name and Purpose Date: February 29, 1968 Article II Membership Section 5 Date: April 23, 1969 Article IV Membership Meeting Section 1 Date: April 23, 1969 Article VIII Board of Directors Section 1 & 4 Date: April 23, 1969 Article IX Officer Section 2 (d) Date: April 23, 1969 Article XII Staff of the Association Sec. 2 Date: April 23, 1969 Article II Membership Section 1 Date: February 26, 1971 Article XVI Fiscal Year Date: February 26, 1971 Article II, IV Membership (Age) Date: May 9, 1973 Article I Name Date: May 16, 1975 Article II Membership Transfer Date: May 16, 1975 Article IX Corresponding Secretary Date: May 16, 1975 Article II Membership Dues Section 1 Date: March 30, 1977 Article VIII Board of Directors Section 3 Date: May 20, 1977 Article XVI Fiscal Year Jan.1 - Dec. 30 Date: November 12, 1981 Article XI Nomination Section 1 Date: April 12, 1983 Article VIII Board of Directors Section 4c Date: June 4, 1987 Article I Name and Purpose _ _ Date: April 19, 1991 Article IV Membership Meetings Section 4 Date: AO-1119,-1991 _ - - Article VIII Board of Directors Section 1 Date: April 19, 1991 Article VIII Board of Directors Section 2 Date: April 19, 1991 Article VIII Board of Directors Section 4 Date: April 19, 1991 Article VIII Board of Directors Section 5 Date: April 19, 1991 Article IX Officers of the Association Section 1 Date: April 19, 1991 Article IX Officers of the Association Section 2 Date: April 19, 1991 Article XX General Amendments Date: April 19, 1991 Article I Name and Mission Date: June 29, 1994 Article II Requirement for members Section lb Date: June 29, 1994 Article VIII Board of Directors Section 1 Date: June 29, 1994 Article VIII Board of Directors Section 2 Date: June 29, 1994 Article XIV Fiscal Year Date: June 29, 1994 Article XII Staff of the Association Section 2 Date: June 29, 1994 Article 11 Membership Section 1 b Date: June 24, 1996 Article VIII Responsibilities Section 2 Date: June 24, 1996 Article XII Professional Leadership Section 2 Date: June 24, 1996 Article I Regular Meeting s Section 1 Date: June 22, 1998 Article I Special Meetings Section 2 Date: June 22, 1998 Article I Quorum Section 3 Date: June 22, 1998 Article I Attendance Section 4 Date: June 22, 1998 Article II Absence Section 1 Date: June 22, 1998 Article II Vacancies Section 2 Date: June 22, 1998 Article II Ex-Officio Members Section 3 Date: June 22, 1998 Article III Officers Section 1 Date: June 22, 1998 Article III Duties of the President Section 2 Date: June 22, 1998 • Article III Duties of the President Elect & VP Section 3 Date: June 22, 1998 Article III Duties of the VP of Community Relations/Secretary Date: June 22, 1998 Article Ill Duties of the Vice President of Finance/ Treasurer Date: June 22, 1998 Article Ill Executive Director Section 6 Date: June 22, 1998 Article IV Mission Section 1 Date: June 22, 1998 Article IV Coordinators Section 2 Date: June 22, 1998 Article IV Members of the Committees Section 3 Date: June 22, 1998 Article IV Functions of Standing Committees Section 4 Date: June 22, 1998 Article V Executive Committee Date: June 22, 1998 Article VI Nominating Committee for the Officers of the BOD Date: June 22, 1998 Article VII Special Committees Date: June 22, 1998 Article VIII Executive Director Section 1 Date: June 22, 1998 Article VIII Other Professional Staff Section 2 Date: June 22, 1998 Article VIII Limitation of Functions Section 3 Date: June 22, 1998 Article IX Amendments Date: June 22, 1998 Governance Model Change Date: November 20, 2006 February 7, 2007 YWCA BOARD DIRECTORY FY 10 LAST FIRST PHONE EMAL ADDRESS CITY ZIP Affliations I NAME ' NAME , ADDRESS ' t 1 CODE Becker Myra 847.741.2780 rmmvrab@aol.com 1771 Country Knoll Ln. Elgin 60123 Retired Speech and Language Therapist Burnidge* Nancy 847.742.7036 neburnidge@msn.com 875 Indian Wells Circle Elgin 60123 Retired Teacher Calabrese Isela 847-622-2385 icalabrese@elginstatebank.com 540 N. Airlite Street Elgin 60123 Elgin State Bank Cumpata Pamela 847.464.4656 pam.cumpata @comcast.net 11N200 Stonecrest Dr. Elgin , 60124 County of McHenry Hall RuthAnne 847.420.5242 ruthannekhall @sbcglobal.net 680 Fenwick Ln. South 60177 City of Elgin Elgin _ I Iefferin Linda 630.253.5154 Ihefferin@elgin.edu 1700 Spartan Dr. Elgin 60123 Elgin Community College Hoeft Libby 847.742.3211 lhoeft@foxvalley.net 216 King Arthur Court Elgin 60120 Speech &Language Therapist Kimball* Jane 847.844.8242 janee1len2820@sbcglobal.net 130 King Ave E. Dundee 60118 Family Violence Coordinating Council Kressin Pat 847.695.9142 pkressin@comcast.net 37W135 Olwin Ave Elgin 60124 Starck Realtors Lee Jessica 847.275.4223 1144 Royal Blvd., Apt. 2N Elgin 60123 Chase Mecum Loni 847.888.1041 lonimecum@comcast.net 1095 Todd Farm Dr. Elgin 60123 Retired City Clerk Poyner Janet 847.695.7122 jpoyner9@aol.com 569 Franklin Blvd. Elgin 60120 Retired Art Teacher White Barb 847.458.5846 barb@bmwmoneyworks.com 221 Course Dr. LITH 60156 BMW Money Works Wiese, Ed.D Dorothy 847.683.3515 djwiese@gmail.com 45W895 Middleton Rd Hampshire 60140 Stepping Stones for Women • Officers of the Board of Directors * Board Chair:Jane Kimball Chair Elect: Loni Mecum V-C of Community Relations/Secretary: Isela Calabrese V-C of Finance/Treasurer: Pamela Cumpata Immediate Past Chair: Karena Jager 12/15/9909 i i Resolution YWCA Elgin AUTHORIZING APPLICATION FOR Elgin COMMUNITY DEVELOPMENT FUNDS AND EXECUTION OF ALL NECESSARY DOCUMENTS WHEREAS, YWCA Elgin has determined that it in its best interests to submit an application for Elgin Community Development Funds for the YWCA Elgin Building project; and WHEREAS, said project will benefit "low to moderate income parents and children who reside in Elgin; and WHEREAS, THE City of Elgin Council Members must approve said application and will require the YWCA Elgin to execute a Funding Agreement and other necessary documents upon such approval: NOW, THEREFORE, BE IT RESOLVED that Julia A. McClendon, CEO is hereby authorized to execute and application for City of Elgin Community Development Funds, a Funding Agreement and other necessary documents upon approval of the application by the Elgin City Council, and any requests for payment and documentation required to be submitted by YWCA Elgin to the City of Elgin requesting the dispersal of funds. BE IT FURTHER RESOLVED, that any changes to the above-stated project description need not be approved by YWCA Elgin. , Signed: (( / ;� , !`'. i % Attest: Vote: 100% Ayes Nays Abstain YWCA Elgin Organizational Chart Board of Directors Chief Executive Officer/President Chief Facility Chief Financial Operating Adult Education f Manager a Event Officer &Family Officer Coordinator Literacy Director l Youth Office 1 AdminAsst. Services Manager : Fundraising& ° Y ! Instructional Y '; Director i Marketing ! ' adult 9 , r Student Services + E Education I t Family t Assessment i ;.a Coordinator G•Services Service Coordinator Coordinator 1 i Data Customer ; Literac Collection SACC A s stant ESL Teachers Staff �� Director , # Teachers t Accounting Family s Clerk Literacy i Teachers l Class Room Assistants July, 2009 • Julia A. McClendon 2104 Chateau Drive Residence: (505)541-0273 Las Cruces,New Mexico 88005 PROFESSIONAL OBJECTIVE: • Seeking a career position with a progressive social agency where my skills,education and experience will be utilized to make an immediate impact on the continued success of the agency SUMMARY OF QUALIFICATIONS: • Advanced Degreed professional with extensive preparation and experience working with social agencies . and their clients • Excellent communication skills;able to interface with all levels of management within different agencies, clients and colleagues • • Develop and administered annual budgets,able to develop annual budget for a million-dollar non-profit project and keep within budget. • Writing and Overseeing Grant Preparation,direct,edit and supervise the preparation of all grants for la:ge non-profit. In 1999,we received 5200,000 for operations and 1.5 million for construction grants. • Exemplary supervisor, having directed up to 25 staff and volunteers • • • Achieves goals either independently or as an integral part of a team effort • Extremely well-organized, able to complete multi-level tasks concurrently with attention to detail and according to tight deadlines.Prepare and present materials and proposals for a twenty-member board of directors. • Earned reputation for dedication,hard work and integrity • Strong leadership skills;demonstrated ability to motivate associates to obtain optimum potential wit^.in an atmosphere of cooperation and teamwork • Computer literate,xith proficiency in Core) WordPerfect and Microsoft Word,Excel,Access and database specific software • Comprehensive knowledge of legislative procedures and the implications for implementation of new laws governing the assistance to indigents and low income individuals seeking agency help EDUCATION: IOWA STATE UNIVERSITY Ames,lo%va Master of Science h: Sociology Degree, May 1995 Program emphasis on poverty and Community IOWA STATE UNIVERSITY Ames, Iowa Bachelor of Science in Social Work, May 1992 1 • ,C ,EXPERIENCE: ESILLA VALLEY COMMUNITY OF HOPE Las Cruces,New Mexico Executive Director Responsible for securing funds and overseeing building projects for an umbrella organization,which incorporates 9 non-profit agencies. We begun construction for phase two of a 2 million-dollar construction project. As the Executive Director,I have designed programs for a variety of outreach services in the community. It is also my responsibility to educate and direct fundraising activities in the community. I have organized interagency task force meetings designed to identify and implement working solutions to help the poor and homeless in the state. DOA ANA COUNTY.CHILD AND ADOLESCENT COLLABORATIVE Care Coordinator Supervisor Las Cruces,New Mexico Supervise and direct 7 case managers who provide coordinated care to children and families with SED(Serious Emotional Disturbance).Use a strength-oriented approach to SED,SED children and their families to improve their situations.Perform evaluations and staff development functions.Provide training,technical assistance and support to community providers in interagency case staffing, intensive case management and wrap around services. Review case files and develop reports. Participate in program development and evaluation activities. identify service gaps to assist agencies in bringing up needed services. o ALLIANCE FOR BUILDING COMMUNITY Blooming Prairie,Minnesota Outreach Coordinator/Community Advocate Establish a base of trust within the Hispanic community. Collaborate with the Blooming Prairie School system to encourage cooperation with parents,students and teachers to ease racial tensions thus building trust and mutual understanding. to ^WA STATE UNIVERSITY Ames,Iowa Instructor and Graduate Student Assistant for Survey Research Taught"Social Class and Poverty"(Sociology 331). Collected data for 15,000 Surveys from start to finish. Critically examined and analyzed SPSS survey data input. 3 to IOWA STATE UNIVERSITY Ames,Iowa 7 Teaching Assistant and Instructor Taught class of"Social Class and Poverty"(Sociology 331),Department of Sociology,Iowa State University, Ames,Iowa. Critically examined and analyzed social class,poverty and stratification in the United States,to help students become aware of the nature and consequences of stratification,and realize how stratification affects all aspects of social life. /92 to IOWA STATE UNIVERSITY Ames,Iowa /93 Research Assistant Worked in the Department of Sociology.Entered survey data,performed statistical analysis,and wrote survey results. • I/90 to IOWA STATE UNIVERSITY Ames,Iowa 5;92 Undergraduate Research Assistant Worked in the Department of Sociology. Researched treatment options for adult survivors of incest, initiated contact between treatment providers to unify treatment procedures,compiled lists of treatment agencies, and supervised other student employees. 01/92 to IOWA COALITION AGAINST SEXUAL ASSAULT Des Moines,Iowa 05,'92 Legislative liaison Worked with lawmakers on legislation to protect women's and children's rights and organized a public hearing on"dating violence". 2 • • • • 01/92 to POLK COUNTY VICTIM SERVICES Des Moines, Iowa 05/92 Victims Counselor Answered rape crisis calls,worked with incest survivors groups and offender groups,and advocated for victims during the court process. COMMUNITY INVOLVEMENT: 03/97 to State Interagency Taskforce on Homeless Present Co-chair for the taskforce on homelessness with 100 agencies from across the state participating. We review grants and present proposals for funding. Collaborate with Legislative Representatives to identify gaps in services for the states near homeless and homeless populations. 03199 to Dona Ana County Jail Diversion Program/Forensic Intervention Consortium Present Consortium of community members to plan a Jail Diversion Program for Dana Ana County. Our mission is to identify community resources that are now available for the mentally ill arrested by a law enforcement agency. Research funds from other sources to continue program. 09/95 to Community Team Member • Las Cruces,New Mexico 1996 Work with a system of care for children with SED. Use community-networking resources,seek out and provide services for SED children and their immediate families. involves contacting and working with over 20 social and community agencies. 09/91-92 Board Member of Analysis of Social Services Evaluation Team.(Asset) 01/93-95 Reviewed human service needs for Story County and made funding allocation recommendations for approximately S3 million. I0%93 to Presidential Appointee to the Student Health Center Facility Planning Committee, 01/94 Iowa State University.Explored and analyzed all the variables involved with building a new health care system for the University. HONORS: 03/95 Member of Gamma Sigma Delta,Department of Agriculture,Iowa State University. 01793 Member of Alpha Kappa Delta,Department of Sociology,Iowa State University. 01/92 Member of Phi Kappa Phi Honor Society,Iowa State University. 01/91 Member of Golden Key Honor Society,Iowa State University. 03/93 Outstanding Community Leader Award,University Student Apartment Community,Ames,Iowa. • 08/92 Alfred V.Taylor Scholarship,Political Action Committee of National Association of Social workers. The only undergraduate student in the United States to receive this scholarship. 05189 Dean's List at Iowa State University for five consecutive semesters. to 05!92 • 3 • • Anna Marie Vallow Louis 7N793 Northern Dancer Lane St. Charles, Illinois 60175 630-584-6230 Education Northern Illinois University, DeKalb, Illinois. Master of Science degree General Accountancy, May 1994. Illinois State University, Normal, Illinois. Bachelor of Science degree Comprehensive Accounting, December, 1980. Certification Certified Public Accountant, State of Illinois, November, 1981 Professional Experience YWCA Elgin, Elgin, Illinois, Chief Financial Officer, June 2007 — present YWCA Elgin, Elgin, Illinois, Accounting Director, September 2003 — June 2007 YWCA Elgin, Elgin, Illinois, Grant Accountant, October 1996 — September 2003 Northern Illinois University, DeKalb, Illinois, Instructor/Graduate Assistant, September 1991 - May 1993 Coopers & Lybrand, Aurora, Illinois, Audit Manager, October 1987 — May 1991 Coopers & Lybrand, Aurora, Illinois, Audit Staff, July 1981 — October 1987 Coopers & Lybrand, Aurora, Illinois, Audit Intern, January 1981 — March 1981 Professional Affiliations American Institute of Certified Public Accountants Illinois CPA Society Anna Marie Vallow Louis 7N793 Northern Dancer Lane St. Charles, Illinois 60175 630-584-6230 Education Northern Illinois University, DeKalb, Illinois. Master of Science degree General Accountancy, May 1994. Illinois State University, Normal, Illinois. Bachelor of Science degree Comprehensive Accounting, December, 1980. Certification Certified Public Accountant, State of Illinois, November, 1981 Professional Experience YWCA Elgin, Elgin, Illinois, Accounting Director, September 2003 —present YWCA Elgin, Elgin, Illinois, Grant Accountant, October 1996 —September 2003 Northern Illinois University, DeKalb, Illinois, Instructor/Graduate Assistant, September 1991 - May 1993 Coopers & Lybrand, Aurora, Illinois, Audit Manager, October 1987 — May 1991 Coopers & Lybrand, Aurora, Illinois, Audit Staff, July 1981 — October 1987 Coopers & Lybrand, Aurora, Illinois, Audit Intern, January 1981 — March 1981 Professional Affiliations American Institute of Certified Public Accountants Illinois CPA Society 2/16/2009 11:40:24 AM YWCA Elgin Page Balance Sheet Unaudited Internal Draft 9/30/2009 ASSETS Unrestricted cash $82,841.03 Designated Cash ($21.37) Restricted cash $1,232.97 Investments $920,885.85 Accounts Receivable $115,418.79 Prepaid Expenses $12,301.66 Due From Other Funds $165,739.74 Land,Buildings,&Equipment,net $166,983.98 Total Assets $1,465,382.65 LIABILITIES&NET ASSETS LIABILITIES Accounts payable $6,640.84 Line of credit $0.00 Accrued liabilities $76,483.58 -ogram deposits $50.00 Due To Other Funds $165,739.74 Loan payable $21,278.43 Total Liabilities $270,19259 NET ASSETS Unrestricted net assets $1,114,394.77 Temporarily restricted net assets $26,805.69 Permanently restricted net assets $53,989.60 Total Net Assets $1,195,190.06 Total Liabilities and Net Assets $1,465,382.65 12/1 6/2009 11:30:57 AM YWCA Elgin Page Income Statement Unaudited Internal Draft Actual YTD-913 012 0 0 9 REVENUES Public Support United Way campaign $17,678.02 Fund development projects $17,522.75 Contributions $7,065.90 Foundation grants $0.00 $42,266.67 • Government Grants • Federal government grants $31,836.25 State government grants $112,997.23 Local government grants $0.00 $144,833.48 Other Revenue Program fees $22,791.94 Membership fees $130.00 Rental fees $8,916.50 Merchandise sales $89.00 Miscellaneous revenue $509.00 Investment income $9,112.51 Gain/loss on sale of investments ($9,352.53) Unrealized gain/loss on investments $80,015.38 Gain on disposal of fixed assets $225.00 $112,436.80 Total Revenues $299,536.95 EXPENSES Salaries&Benefits Salaries $174,578.12 Payroll taxes $13,355.19 Employee benefits $9,700.21 State unemployment insurance $1,554.47 $199,187.99 Other Expenses Program expenses $14,410.54 Food $2,269.44 Promotional expense $0.00 Office expense $2,657.19 Conferences&training $235.90 Professional dues&memberships $175.00 Transportation $2,617.63 Merchandise costs $0.00 Rent expense $3,528.84 Professional services $5,658.75 Utilities&communication $9,544.46 Insurance $10,731.34 2/16/2009 11:30:57AM YWCA Elgin Page Income Statement Unaudited Internal Draft Actual YTD-9130/2009 Building services&supplies $8,216.52 Repairs&maintenance $5,955.32 Interest expense $2,669.06 YWCA Regional Investment Assessment $0.00 Depreciation expense $8,227.34 Miscellaneous expense $3,166.87 $80,064.20 Total Expenses $279,252.19 Allocated Expenses&Transfers Occupancy expenses $0.00 Administrative expenses $0.00 Transfers $0.00 Total Allocated Expenses&Transfers $0.00 NET SURPLUS/(DEFICIT) $20,284.76 • • • THE YOUNG WOMEN'S CHRISTIAN ASSOCIATION, ELGIN, ILLINOIS FINANCIAL STATEMENTS AND INDEPENDENT AUDITOR'S REPORT For the Year Ended June 30, 2009 WSikich LLP Certified Public Accountants & Advisors CONTENTS Paae(s). INDEPENDENT AUDITOR'S REPORT 3-4 FINANCIAL STATEMENTS Statement of Financial Position 5 Statement of Activities 6-7 Statement of Functional Expenses 8 Statement of Cash Flows 9 Notes to Financial Statements 10-17 SUPPLEMENTARY INFORMATION INDEPENDENT AUDITOR'S REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS 18-19 INDEPENDENT AUDITOR'S REPORT ON COMPLIANCE WITH REQUIREMENTS APPLICABLE TO EACH MAJOR PROGRAM AND ON INTERNAL CONTROL OVER COMPLIANCE IN ACCORDANCE WITH OMB CIRCULAR A-133 20-21 Schedule of Findings and Questioned Costs 22-23 Schedule of Expenditures of Federal Awards 24 Certified Public Accountants & Advisors TV Members of American Institute of Certified Public Accountants 998 Corporate Boulevard • Aurora, IL 60502 INDEPENDENT AUDITOR'S REPORT Board of Directors The Young Women's Christian Association, Elgin, Illinois Elgin, Illinois We have audited the accompanying statement of financial position of The Young Women's Christian Association, Elgin, Illinois (the Association) as of June 30, 2009, and the related statements of activities,functional expenses, and cash flows for the year then ended. These financial statements are the responsibility of the Association's management. Our responsibility is to express an opinion on these financial statements based on our audit. The prior year summarized comparative information has been derived from the Association's 2008 financial statements and, in our report dated October 14, 2008, we expressed an unqualified opinion on those financial statements. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Governmental Auditing Standards,issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining,on a test basis,evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and the significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion,the financial statements referred to above present fairly, in all material respects, the financial position of the Association as of June 30, 2009, and the changes in its net assets, and its cash flows for the year ended, in conformity with accounting principles generally accepted in the United States of America. In accordance with Government Auditing Standards, we have also issued our report dated October 26,2009, on our consideration of the Association's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, grants, agreements, and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards, and should be considered in assessing the results of our audit. Our audit was conducted for the purpose of forming an opinion on the basic financial statements taken as a whole. The accompanying schedule of expenditures of federal awards is presented for the purposes of additional analysis as required by U.S. Office of Management and Budget Circular A- 133,Audits of States, Local Governments, and Non-Profit OrganiEations, and is not a required part of the basic financial statements. Such information has been subjected to the auditing procedures applied in the audit of basic financial statements and, in our opinion, is fairly stated, in all material respects, in relation to the basic financial statements taken as a whole. ,t1A.A LLe Aurora, Illinois October 26, 2009 - 4 - THE YOUNG WOMEN'S CHRISTIAN ASSOCIATION, ELGIN, ILLINOIS STATEMENT OF FINANCIAL POSITION June 30, 2009 (With Summarized Financial Information for June 30, 2008) 2009 2008 ASSETS Cash and cash equivalents $ 22,183 $ 31,219 Endowment investments 1,174,198 1,539,217 Accounts receivable 149,958 63,695 Prepaid expenses 13,017 11,324 Land, buildings, and equipment, net of accumulated depreciation 173,097 94,120 TOTAL ASSETS $ 1,532,453 S 1,739,575 LIABILITIES Accounts payable $ 10,450 $ 9,879 Accrued vacation 35,190 31,920 Other accrued liabilities 44,392 74,403 Due to affiliate - 9,800 Line of credit 245,300 110,400 Loans payable 23,051 29,694 Total liabilities 358,383 266,096 NET ASSETS Unrestricted Undesignated (16,822) (77,203) Board-designated 1,108,097 1,473,784 Total unrestricted net assets 1,091,275 1,396,581 Temporarily restricted 28,805 22,908 Permanently restricted 53,990 53,990 Total net assets 1,174,070 1,473,479 TOTAL LIABILITIES AND NET ASSETS S 1,532,453 S 1,739,575 See accompanying. notes to financial statements. - 5 - THE YOUNG WOMEN'S CHRISTIAN ASSOCIATION,ELGIN, ILLINOIS , STATEMENT OF ACTIVITIES For the Year Ended June 30,2009 . (With Summarized Financial Information for the Year Ended June 30,2008) Temporarily Permanently Unrestricted Restricted Restricted 2009 2008 REVENUE,GAINS,AND OTHER SUPPORT Public support United Way $ - $ 92,904 $ - $ 92,904 $ 102437 United Way corporate employee contributions 402 - - 402 367 Contributions , 25,029 6,336 - 31,365 67,843 In-kind contributions 5,712 - - 5,712 - Foundation grants 15,000 57,000 - 72,000 38,914 Special events 35,573 - - 35,573 52,527 Total public support 81,716 156,240 - 237,956 262,088 Grants from government agencies Federal - 569,850 - 569,850 544,747 State - 329,982 - 329,982 287,372 Local - - - - 30,000 Total grants from government agencies - 899,832 - 899,832 862,119 Other income Program activity fees 75,440 - - 75,440 67,638 Membership fees 2,806 - - 2,806 4,250 Rental fees 11,031 - - 11,031 10,710 Investment income 72,447 - - 72,447 69,427 Merchandise sales 2,304 - - 2,304 1,344 Miscellaneous 9,569 - - 9,569 15,962 Gain on disposal of fixed assets - - - - 1,781,004 Gain(loss)on sale of investments (173,072) - - (173,072) 2,960 Unrealized loss on investments (37,645) - - (37,645) (46,236) Total other income(loss) (37,120) - - (37,120) 1,907,059 Subtotal revenue, gains, and other support 44,596 1,056,072 - 1,100,668 3,031,266 • - 6 - Temporarily Permanently • Unrestricted Restricted Restricted 2009 • 2008 REVENUE, GAINS, ANT) OTHER SUPPORT(Continued) Net assets released from restrictions Satisfaction of program restrictions $ _ 1,050,175 $ (1,050,175) $ - $ - $ , - • Total revenue, gains,and other support 1,094,771 5,897 - 1,100,668 3,031,266 EXPENSES Program services Community wellness 164,431 - - 164,431 167,380 Adult education and family literacy 445,653 - - 445,653 465,043 Youth services 520,008 - - 520,008 533,436 Young Women's Leadership Scholarship 1,046 - - 1,046. 147 Total program services 1,131,138 - - 1,131,138 ' 1,166,006 Supporting services Administrative 120,904 - - 120,904 176,971 Fundraising 133,393 - - 133,393 134,097 Computer lab 14,642 - - 14,642 4,131 Total supporting services 268,939 - - 268,939 315,199 Total expenses 1,400,077 - - 1,400,077 1,481,205 CHANGE IN NET ASSETS (305,306) 5,897 - (299,409) 1,550,061 NET ASSETS (DEFICIT), BEGINNING OF YEAR 1,396,581 22,908 53,990 1,473,479 (76,582) NET ASSETS, END OF YEAR $ 1,091,275 $ 28,805 $ 53,990 $ 1,174,070 $ 1,473,479 • See accompanying notes to financial statements. • THE YOUNG WOMEN'S CHRISTIAN ASSOCIATION,ELGIN,ILLINOIS STATEMENT OF FUNCTIONAL EXPENSES • • For the Year Ended June 30,2009 (With Summarized Financial Information for the Year Ended June 30,2008) PROGRAM SERVICES SUPPORTING SERVICES Adult Young Women's Community Education and Youth Leadership Fund Computer Wellness Family Literacy Services Scholarship Total Administrative Raising Lab Total 2009 2008 SALARIES AND RELATED EXPENSES Salaries $ 78,769 $ 316,628 $ 293,848 $ - $ 689,245 $ 67,225 $ 86,201 $ 5,670 $ 159,096 $ 848,341 $ 849,986 Payroll taxes 6,016 24,217 22,318 - 52,551 5,518 6,480 435 12,433 64,984 65,032 Employee benefits 4,759 12,003 21,622 - 38,384 5,256 6,753 62 12,071 50,455 49,622 Unemployment expenses - . 1,479 6,544 5,147 - 13,170 716 908 180 1,804 14,974 14,163 Total salaries and related expenses 91,023 359,392 342,935 - , 793,350 78,715 100,342 6,347 185,404 978,754 978,803 • EXPENSES Program materials and activities 77 23,340 8,082 - 31,499 - 6,581 - 6,581 38,080 68,009 Food • 7 286 55,417 - 55,710 154 6,982 - 7,136 62,846 63,961 Office expense 531 1,352 1,743 46 3,672 321 1,847 332 2,500 6,172 9,035 Conference and training 100 3,508 440 - 4,048 3,139 - - 3,139 7,187 9,955 Professional dues and memberships 425 35 85 - 545 100 125 - 225 770 1,324 Transportation and travel - 1,458 15,254 - 16,712 794 - - 794 17,506 9,693 Merchandise cost 90 346 - - 436 - 510 - 510 946 214 Rental expense 266 122 246 - 634 31 72 163 266 900 848 Professional services 1,473 9,284 11,001 - 21,758 2,702 5,736 2,528 10,966 32,724 42,122 Utilities and telephone 29,597 18,164 25,536 73,297 3,446 1,138 2,288 6,872 80,169 97,409 Insurance 7,967 10,283 21,589 - 39,839 6,096 1,743 275 8,114 47,953 48,409 Building services and supplies 8,543 3,187 4,874 - 16,604 593 44 372 1,009 17,613 19,136 Janitorial services 10,502 5,698 7,483 - 23,683 1,119 31 721 1,871 25,554 24,800 Repairs and maintenance 6,669 5,646 5,140 - 17,455 1,629 2,147 864 4,640 22,095 45,485 Depreciation 6,632 3,364 14,752 - 24,748 1,771 2,805 752 5,328 30,076 25,029 Interest - - 1,998 - 1,998 7,403 - - 7,403 9,401 11,925 Regional YWCA assessment - - - - - - - 10,573 Promotional printing and advertising 57 67 155 - 279 447 2,795 - 3,242 3,521 5,222 Endowment service charge - - - - - 9,609 - - 9,609 9,609 2,849 Scholarship - - - 1,000 1,000 - - - - 1,000 - Miscellaneous 472 121 3,278 - 3,871 2,835 495 - 3,330 7,201 6,404 Total expenses 73,408 86,261 177,073 1,046 337,788 42,189 33,051 8,295 83,535 421,323 502,402 TOTAL FUNCTIONAL EXPENSES $ 164,431 $ 445,653 $ 520,008 $ 1,046 $ 1,131,138 $ 120,904 S 133,393 $ 14,642 $ 268,939 S 1,400,077 S 1,481,205 • See accompanying notes to financial statements. - 8 - THE YOUNG WOMEN'S CHRISTIAN ASSOCIATION, ELGIN, ILLINOIS STATEMENT OF CASH FLOWS For the Year Ended June 30, 2009 (With Summarized Financial Information for the Year Ended June 30,2008) • 2009 2008 CASH FLOWS FROM OPERATING ACTIVITIES Change in net assets S (299,409) $ 1,550,061 Adjustments to reconcile change in net assets to net cash from operating activities Depreciation 30,752 25,029 Donated equipment (5,660) - Unrealized loss on investments 37,645 46,236 Gain on disposal of land,buildings, and equipment - (1,781,004) Change in assets and liabilities (Increase) decrease in Accounts receivable (86,263) (9,351) Prepaid expenses (1,693) 4,228 Increase(decrease)in Accounts payable 571 (13,155) Accrued vacation 3,270 (1,992) Other accrued liabilities (30,011) 11,894 Due to affiliate (9,800) (33,189) Total adjustments (61,189) (1,751,304) Net cash from operating activities (360,598) (201,243) CASH FLOWS FROM INVESTING ACTIVITIES Purchase of land,buildings, and equipment (104,069) - Proceeds from disposal of land,buildings, and equipment - 1,985,302 Purchase of endowment investments (340,293) (1,622,432) Proceeds from sales of endowment investments 667,667 100,000 Net cash from investing activities 223,305 462,870 CASH FLOWS FROM FINANCING ACTIVITIES Borrowings on line of credit 900,700 706,000 Payments on line of credit (765,800) (848,600) Payments on loans payable (6,643) (149,412) Net cash from financing activities I28,257 (292,012) NET DECREASE IN CASH AND CASH EQUIVALENTS (9,036) (30,385) CASH AND CASH EQUIVALENTS, BEGIlvNING OF YEAR - 31,219 61.604 CASH AND CASH EQUIVALENTS,END OF YEAR 5 22.183 $ 31.219 • SUPPLEMENTAL DISCLOSURES OF CASH FLOW INFORMATION Cash paid during the year for interest S 9,177 $ 14.230 See notes to accompanying financial statements. - 9 - THE YOUNG WOMEN'S CHRISTIAN ASSOCIATION, ELGIN, ILLINOIS NOTES TO FINANCIAL STATEMENTS June 30, 2009 1. NATURE OF ACTIVITIES The Young Women's Christian Association,Elgin,Illinois(the Association)is an Illinois not- for-profit corporation that provides social services for families with an emphasis on women and children. 2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Cash and Cash Equivalents For purposes of the statement of cash flows, the Association considers all of its general savings accounts, money market accounts, and highly liquid investments with an initial maturity of three months or less to be cash equivalents. Accounts Receivable Accounts receivable are recorded at the amount the Association expects to collect from grantor agencies within one year. The Association does not assess any finance charges on its receivables and no allowance for doubtful accounts is considered necessary. Receivables are written off when they are deemed uncollectible by management. Endowment Investments Investments in equity securities with readily determinable fair values and all investments in debt securities with readily determinable fair values are carried at fair value in the Association's statement of financial position. Realized and unrealized investment gains, losses, and income are reported in the Association's statement of activities. Land. Buildings, and Equipment Land,buildings,and equipment additions with a useful life greater than one year are recorded at cost if purchased or market value at time of donation if received as a gift with a capitalization policy of items greater than $1,000. Proceeds from the sale of assets, if unrestricted, are recorded in operating net assets, or if restricted, to temporarily restricted assets. Depreciation of buildings and equipment is provided on a straight-line basis over the estimated useful lives of the assets which range from five to forty years. See notes to accompanying financial statements. - 10 - THE YOUNG WOMEN'S CHRISTIAN ASSOCIATION, ELGIN, ILLINOIS NOTES TO FINANCIAL STATEMENTS (Continued) 2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Contributions Contributions are recorded as unrestricted,temporarily restricted, or permanently restricted support depending on the existence and/or nature of any donor restrictions. Contributions are reported as temporarily restricted support and are then reclassified to unrestricted net assets upon expiration of the time restriction or when purpose restrictions are met. Contributions are considered to be available for unrestricted use unless specifically restricted by the donor. Net Assets The Association reports information regarding its financial position and activities according to three classes of net assets: unrestricted net assets, temporarily restricted net assets, and permanently restricted net assets. Unrestricted net assets consist of both net assets that are not subject to donor-imposed stipulations and amounts designated by the Board for future purposes. Permanently restricted net assets consist of investments in perpetuity the income from which is expendable to support the programs of the Association. Functional Expenses Expenses are charged to each program based on direct expenditures incurred. Support costs are allocated to programs based on the amount of time spent on each program by support staff, the amount of space occupied by the program, and the amount of space utilized in program brochures. The costs of providing the various programs and other activities have been summarized on a functional basis in the statement of activities. Fair Value Measurements The Association adopted SFAS No. 157, Fair Value Measurement, as of July 1, 2008, and there was no material impact to the financial statements. SFAS No. 157 currently applies to all financial assets and liabilities and for nonfinancial assets and liabilities recognized or disclosed at fair value on a recurring basis. In February 2008, the Financial Accounting Standards Board (FASB) issued Staff Position SFAS No. 157-2, Effective Date of FASB Statement No. 157,which defers the application date of the provisions of SFAS No. 157 for all nonfinancial assets and liabilities until the beginning of fiscal 2009, except for items that are recognized or disclosed at fair value in the financial statements on a recurring basis. - 11 - THE YOUNG WOMEN'S CHRISTIAN ASSOCIATION, ELGIN, ILLINOIS NOTES TO FINANCIAL STATEMENTS (Continued) 2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Fair Value Measurements (Continued) SFAS No. 157 requires disclosures that establish a framework for measuring fair value in accounting principles generally accepted in the United States of America, and expands disclosures about fair value measurements. SFAS No. 157 is intended to enable the readers of financial statements to assess the inputs used to develop those measurements by establishing a hierarchy for ranking the quality and reliability of the information used to determine fair values. SFAS No. 157 requires the assets and liabilities carried at fair value be classified and disclosed in one of the following categories: Level 1: Quoted market prices in active markets for identical assets or liabilities. Level 2: Observable market based inputs or unobservable inputs that are corroborated by market data. Level 3: Unobservable inputs that are not corroborated by market data. The Association did not have any nonfinancial assets recorded at fair value on a recurring basis at June 30, 2009. Use of Estimates The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosures of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period. Actual results could differ from those estimates. Reclassifications Certain reclassifications of previously reported amounts have been made to conform to the current year presentation. Prior Year Information The financial statements include certain prior-year summarized comparative information in total but not by net asset class. Such information does not include sufficient detail to constitute a presentation in conformity with accounting principles generally accepted in the United States of America. Accordingly, such infoiiiiation should be read in conjunction with the Association's financial statements for the year ended June 30, 2008, from which the summarized infoi ination was derived. - 12 - THE YOUNG WOMEN'S CHRISTIAN ASSOCIATION, ELGIN, ILLINOIS NOTES TO FINANCIAL STATEMENTS (Continued) 3. ENDOWMENT INVESTMENTS Endowment investments include permanently restricted donor gifts and board-designated funds functioning as endowment funds. Investments consist of a money market, equity mutual funds, and bond mutual funds. The money market is valued at cost which approximates fair value. The mutual funds are stated at fair value as determined by quoted market price. Fair Value Cost Money market $ 156,693 $ 156,693 Bond mutual funds 742,378 728,403 Equity mutual funds 275,127 377,079 TOTAL $ 1,174,198 $ 1,262,175 Fair value measurements recorded on a recurring basis at June 30, 2009 were as follows: Quoted Prices • in Active Significant Markets for Other Significant Identical Observable Unobservable Assets Inputs Inputs (Level 1) (Level 2) (Level 3) Total Money market $ 156,693 $ - $ - $ 156,693 Bond mutual funds - 742,378 - 742,378 Equity mutual funds 275,127 - - 275,127 TOTAL $ 431,820 $ 742,378 $ - $ 1,174,198 4. LAND, BUILDINGS, AND EQUIPMENT Land, buildings, and equipment consisted of the following at June 30, 2009: Land $ 30,000 Buildings 720,581 Building improvements 389,409 Construction in progress 7,000 Furniture and fixtures 231,033 . Vehicles 120.431 • Subtotal 1,498,454 Accumulated depreciation (1,325,357) TOTAL $ 173.097 Depreciation expense for the year ended June 30, 2009 was $30,752. - 13 - THE YOUNG WOMEN'S CHRISTIAN ASSOCIATION, ELGIN, ILLINOIS NOTES TO FINANCIAL STATEMENTS (Continued) • 5. NOTES PAYABLE Line of Credit The Association maintains a$300,000 line of credit with a local bank which expires July 1, 2009. The amount owed on the line of credit was $245,300 at June 30, 2009. Interest expense for the year ended June 30, 2009 was $7,402. The line of credit is secured by the land and building and repayment terms are interest only monthly at the lender's prime rate (5%at June 30,2009),with principal due at maturity. Subsequent to year end,the expiration date was extended to October 12,2009. The line of credit was paid in full on September 2, 2009 and not renewed. Promissory Note On May 4,2007,the Association obtained a fixed rate promissory note at 7.54%,secured by equipment, payable in monthly principal and interest installments of$734 through May 4, 2012. Interest expense for the year ended June 30, 2009 was $1,998. Maturities on the note are as follows: 2010 $ 7,310 2011 7,889 2012 7,852 TOTAL $ 23,051 6. RETIREMENT PLAN The Association maintains a defined contribution retirement plan with the National Board of the YWCA of the USA acting as trustee for the plan. To be eligible, employees must be under 59 years of age and work at least 1,000 hours per year. Participation in the plan for employees meeting the aforementioned requirements is mandatory after two years of employment. All contributions are funded on a current basis. The total contribution by the Association for the year ended June 30, 2009 was $40,459. 7. RELATED PARTIES The Association is related to the YWCA of the USA through common affiliation. The Association is also a regional affiliate of the YWCA Great Lakes Alliance. The Association paid dues to the YWCA Great Lakes Alliance in the amount of$9,781 during the year ended June 30, 2009. - 14 - THE YOUNG WOMEN'S CHRISTIAN ASSOCIATION, ELGIN, ILLINOIS NOTES TO FINANCIAL STATEMENTS (Continued) 8. TAX EXEMPT STATUS The Association is exempt from income taxes under Section 501(c)(3) of the Internal Revenue Code and similar provisions for state tax law. The Financial Accounting Standards Board(FASB)has issued Financial Interpretation No. 48 (FIN 48),Accounting for Uncertainty in Income Taxes, which clarifies accounting and disclosure requirements set forth in SFAS No. 109, Accounting for Income Taxes. In accordance with FASB issued Staff Position FIN 48-3,Effective Date of FASB Interpretation No. 48 for Certain Nonpublic Enterprises, the Association has elected to defer the implementation of FIN 48 until June 30, 2010. Currently, the Association recognizes uncertain tax positions, if applicable, based on management's estimate of whether it is probable that a liability has been incurred and that amount can be reasonably estimated. In view of the Association's tax-exempt status, management does not expect the implementation of FIN 48 to have a significant impact on the financial statements. 9. CONTINGENCIES The Association receives significant financial assistance from several governmental agencies in the form of grants. The disbursement of funds received under these programs generally requires compliance with terms and conditions specified in the grant agreements and is subject to audit by grantor agencies. Any disallowed claims resulting from such audits could become a liability to the Association. However, management believes that any such disallowed claims would not have a material effect on the financial statements or the overall financial position of the Association as of June 30, 2009. 10. ENDOWMENT The Association's endowment consists of both donor-restricted and board-designated endowment funds. As required by accounting standards generally accepted in the United States of America,net assets associated with endowment funds are classified and reported based on the existence or absence of donor-imposed restrictions. The Board of Trustees of the University has interpreted the Uniform Prudent Management of Institutional Funds Act(UPMIFA) as requiring the preservation of the historic dollar value of the original gift as of the gift date of the donor-restricted endowment funds, absent explicit donor stipulations to the contrary. As a result of this interpretation,the Association classifies as permanently restricted net assets (a) the original value of gifts donated to the permanent endowment, (b)the original value of subsequent gifts to the peinuanent endowment,-and (c) accumulations to the permanent endowment made in accordance with the direction of the applicable donor gift instrument at the time the accumulation is added to the fund. The remaining portion of the donor-restricted endowment fund that is not classified in permanently restricted net assets is classified as temporarily restricted net assets until those amounts are appropriated for expenditure by the Association in a manner consistent with the standard of prudence prescribed by UPMIFA. - 15 - THE YOUNG WOMEN'S CHRISTIAN ASSOCIATION, ELGIN, ILLINOIS NOTES TO FINANCIAL STATEMENTS (Continued) 10. ENDOWMENT (Continued) The Association has adopted investment and spending policies for endowment assets that attempt to provide a predictable stream of funding to programs supported by its endowment while seeking to maintain the purchasing power of the endowment assets. The endowment assets are invested in accordance with predetermined asset allocation and performance benchmarks. To satisfy its long-term rate-of-return objectives,the Association relies on a total return strategy in which investment returns are achieved through both capital appreciation (realized and unrealized) and current yield (interest and dividends). The Association's spending policy provides that only the income from endowments may be used according to donor-imposed restrictions. Endowment net asset composition by type of fund as of June 30, 2009: Temporarily Permanently Unrestricted Restricted Restricted Total Donor-restricted $ - $ - $ 53,990 $ 53,990 Board-designated 1,108,097 - - 1,108,097 Total endowments $ 1,108,097 $ - $ 53,990 $ 1,162,087 • During the year ended June 30, 2009, the Association had the following endowment related activities: Board- Donor- Designated Restricted Endowment Endowment Funds Funds Endowment net assets,beginning of year $ 1,473,784 $ 53,990 Investment return Investment income - net 62,838 668 Net realized and unrealized loss (210,717) - Total investment return (147,879) 668 Appropriation of net assets for expenditures (217,808) (668) ENDOWMENT ASSETS, END OF YEAR $ 1,108,097 S 53,990 - 16 - THE YOUNG WOMEN'S CHRISTIAN ASSOCIATION, ELGIN,ILLINOIS NOTES TO FINANCIAL STATEMENTS (Continued) 11. SUBSEQUENT EVENTS Subsequent events are events or transactions that occur after the balance sheet date but before financial statements are issued or are available to be issued. These events and transactions either provide additional evidence about conditions that existed at the date of the balance sheet, including the estimates inherent in the process of preparing financial statements (that is, recognized subsequent events),or provide evidence about conditions that did not exist at the date of the balance sheet but arose after that date(that is, nonrecognized subsequent events). The Association has evaluated subsequent events through October 26,2009,which was the date that these financial statements were available for issuance. See Note 5, for discussion of subsequent events. - 17 - Certified Public Accountants & Advisors TM Members of American Institute of Certified Public Accountants 998 Corporate Boulevard •Aurora, IL 60502 • • • INDEPENDENT AUDITOR'S REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS Board of Directors The Young Women's Christian Association, Elgin, Illinois Elgin, Illinois We have audited the financial statements of The Young Women's Christian Association, Elgin, Illinois (the Association) as of and for the year ended June 30, 2009, and have issued our report thereon dated October 26, 2009. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Internal Control Over Financial Reporting In planning and performing our audit,we considered the Association's internal control over financial reporting as a basis for designing our auditing procedures for the purpose of expressing our opinion on the financial statements,but not for the purpose of expressing an opinion on the effectiveness of the Association's internal control over financial reporting. Accordingly, we do not express an opinion on the effectiveness of the Association's internal control over financial reporting. A control deficiency exists when the design or operation of a control does not allow management or employees, in the nolival course of performing their assigned functions, to prevent or detect misstatements on a timely basis. A significant deficiency is a control deficiency, or combination of control deficiencies, that adversely affects an organization's ability to initiate, authorize, record, process,or report financial data reliably in accordance with generally accepted accounting principles such that there is more than a remote likelihood that a misstatement of an organization's financial statements that is more than inconsequential will not be prevented or detected by an organization's internal control. A material weakness is a significant deficiency, or combination of significant deficiencies, that results in more than a remote likelihood that a material misstatement of the financial statements will not be prevented or detected by an organization's internal control. - 18 - Our consideration of internal control over financial reporting was for the limited purpose described in the first paragraph of this section and would not necessarily identify all deficiencies in internal control that might be significant deficiencies or material weaknesses. We did not identify any deficiencies in internal control over financial reporting that we consider to be material weaknesses, as defined above. Compliance and Other Matters As part of obtaining reasonable assurance about whether the Association's financial statements are free of material misstatement,we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However,providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. This report is intended for the information and use of the Board of Directors, management and federal awarding agencies, and pass-through entities and is not intended to be and should not be used by anyone other than these specified parties. )jj(241j) L1 LI Aurora, Illinois October 26, 2009 - 19 - Certified Public Accountants & Advisors ikichi, Members of American Institute of Certified Public Accountants 998 Corporate Boulevard • Aurora, IL 60502 • INDEPENDENT AUDITOR'S REPORT ON COMPLIANCE WITH REQUIREMENTS APPLICABLE TO EACH MAJOR PROGRAM AND ON INTERNAL CONTROL OVER COMPLIANCE IN ACCORDANCE WITH OMB CIRCULAR A-133 Board of Directors The Young Women's Christian Association, Elgin, Illinois Elgin, Illinois Compliance We have audited the compliance of The Young Women's Christian Association,Elgin,Illinois(the Association)with the types of compliance requirements described in the U. S.Office of Management and Budget(OMB) Circular A-133 Compliance Supplement that are applicable to each of its major federal programs for the year ended June 30, 2009. The Association's major federal programs are identified in the summary of auditor's results section of the accompanying schedule of findings and questioned costs. Compliance with the requirements of laws, regulations, contracts, and grants applicable to each of its major federal programs is the responsibility of the Association's management. Our responsibility is to express an opinion on the Association's compliance based on our audit. We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and OMB Circular A- 133, Audits of States, Local Governments, and Non-Profit Organizations. Those standards and OMB Circular A-133 require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements referred to above that could have a direct and material effect on a major federal program occurred. An audit includes examining, on a test basis,evidence about the Association's compliance with those requirements and performing such other procedures as we considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our opinion. Our audit does not provide a legal determination on the Association's compliance with those requirements. In our opinion,the Association complied, in all material respects, with the requirements referred to above that are applicable to each of its major federal programs for the year ended June 30, 2009. - 20 - Internal Control Over Compliance The management of the Association is responsible for establishing and maintaining effective internal control over compliance with requirements of laws,regulations, contracts, and grants applicable to • federal programs. In planning and performing our audit, we considered the Association's internal control over compliance with requirements that could have a direct and material effect on a major federal program in order to determine our auditing procedures for the purpose of expressing our opinion on compliance but not for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly,we do not express an opinion on the effectiveness of the Association's internal control over compliance. A control deficiency in an organization's internal control over compliance exists when the design or operation of a control does not allow management or employees, in the normal course of perfolining their assigned functions,to prevent or detect noncompliance with a type of compliance requirement of a federal program on a timely basis. A significant deficiency is a control deficiency, or combination of control deficiencies,that adversely affects an organization's ability to administer a federal program such that there is more than a remote likelihood that noncompliance with a type of compliance requirement of federal program that is more than inconsequential will not be prevented or detected by the organization's internal control. A material weakness is a significant deficiency, or combination of significant deficiencies, that results in more than a remote likelihood that material noncompliance with a type of compliance requirement of a federal program will not be prevented or detected by an organization's internal control. Our consideration of the internal control over compliance would not necessarily disclose all matters in the internal control that might be significant deficiencies or material weaknesses. We did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses as defined above. This report is intended for the information and the use of the Board of Directors, management and federal awarding agencies,and pass-through entities and is not intended to be and should not be used by anyone other than these specified parties. LL Aurora, Illinois October 26, 2009 - 21 - THE YOUNG WOMEN'S CHRISTIAN ASSOCIATION, ELGIN, ILLINOIS SCHEDULE OF FINDINGS AND QUESTIONED COSTS For the Year Ended June 30, 2009 Section I — Summary of Auditor's Results Financial Statements Type of auditor's report issued: Unqualified Internal control over financial reporting: • Material weakness(es) identified? yes X no • Significant deficiency(ies) identified that are not considered to be material weaknesses? yes X no Noncompliance material to financial statements noted? yes X no Federal Awards Internal control over major programs: • Material weaknesses) identified? yes X no • Significant deficiency(ies) identified that are not considered to be material weakness(es)? yes X no Type of auditor's report issued on compliance for major programs: Unqualified Any audit findings disclosed that are required to be reported in accordance with Section 10(a) of Circular A-133? yes X no (This schedule is continued on the following page.) - 22 - THE YOUNG WOMEN'S CHRISTIAN ASSOCIATION, ELGIN, ILLINOIS SCHEDULE OF FINDINGS AND QUESTIONED COSTS (Continued) For the Year Ended June 30, 2009 Identification of major programs:: • CFDA Number Name of Federal Program 93.558 Teen Reach Dollar threshold used to distinguish between type A and type B programs: $ 300,000 Auditee qualified as low-risk auditee? X yes no Section II—Financial Statement Findings None Section III—Federal Award Findings and Questioned Costs None Section IV—Prior Year Federal Award Findings and Questioned Costs None (See independent auditor's report.) - 23 - THE YOUNG WOMEN'S CHRISTIAN ASSOCIATION,ELGIN,ILLINOIS SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS For the Year Ended June 30,2009 Federal Grantor/ Federal Pass-thru Program Pass-Through Grantor/ CFDA Grantor or Award Program Title Number Number Amount Revenues Expenses Major Programs U.S.Department of Health and Human Services Illinois Department of Human Services: Teen REACH 93.558 1007002567 $ 179.869 S 179,869 5 179.869 Total Major Programs 179.869 179,869 179,869 Non-Major Programs Subsidized Child Care 93.575 1007002567 3,169 3,169 3,169 Subsidized Child Care 93.596 1007002567 89,057 89.057 89,057 Subtotal 92,226 92,226 92,226 U.S.Department of Education Illinois Community College Board: Adult Education and Literacy Federal Basic 84.002A 509AB 58,687 58,687 58,687 Adult Education and Literacy EL/Civics 84.002A 509AB 89,175 89,175 89,175 Subtotal 147,862 147,862 147,862 Illinois State Board of Education/School District U-46: 21st Century Community Learning Centers 84.287 - 7,500 7,500 7,500 U.S.Department of Agriculture Illinois State Board of Education Northern Illinois Food Bank Summer Food Service Program for Children. 10.559 - 53,043 53,043 53,043 U.S.Department of Housing and Urban Development CDBG Funds(passed through City of Elgin) 14.218 - 89,350 89,350 89,350 Total Non-Major Programs 389,981 389,981 389,981 $ 569,850 $ 569.850 5 569.850 The accompanying notes are an integral part of this schedule. Note 1: Basis of Presentation The accompanying schedule of expenditures of federal awards includes the federal grant activity of the Young Women's Christian Association of Elgin,Illinois and is presented on the accrual basis of accounting. The information in this schedule is presented in accordance with the requirements of OMB Circular A-133,Audits of States,Local Governments,and Non-Profit Organizations. Therefore,some amounts presented in this schedule may differ from amounts presented in,or used in the preparation of,the financial statements. Note 2: Loans Outstanding The Young Women's Christian Association of Elgin,Illinois did not have any loans outstanding with continuing compliance requirements. Note 3: Subrecipients The Young Women's Christian Association of Elgin,Illinois provides no federal awards to subrecipients. Note 4: Noncash Assistance . • • The Young Women's Christian Association of Elgin,Illinois received noncash assistance in the amount of 553,043 which is reported above in the Schedule of Federal Expenditures. Note 5: Federal Insurance The Youth Women's Christian Association of Elgin,Illinois did not have any federal insurance in effect during the year ended June 30,2009. (See independent auditor's report.) - 24 - 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; (E) Executive Order 11246-Equal Opportunity, as amended by Executive Orders 11375 and 12086, and implementing regulations issued at 41 CFR Chapter 60; 14 (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 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 15 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 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 16 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. 17 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 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 18 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-RECIPIENT: YWCA of Elgin 220 E. Chicago Street,Elgin,Illinois 60120 • • dis Jia • .McClendon, Executive Director DATE: Ce 1 \ 1 I a • ATTEST:C 19 I • `0 OFE40, r ti City of Elgin Agenda Item No. v ■ • 4 June 3, 2010 -�; . --- I TO Mayor and Members of the City Council FROM: Sean R. Stegall, City Manager "off,. Denise Momodu, Associate PI er SUBJECT: Community Development Block Grant Sub-Recipient Agreement for the YWCA 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 and the Young Women's Christian Association(YWCA) of Elgin. RECOMMENDATION It is recommended that the City Council approve the sub-recipient agreement between the city and the YWCA of Elgin for the YWCA's roof repair and architectural services project in the amount of$55,400. BACKGROUND The YWCA of Elgin is a not-for-profit organization providing educational services to adults and children throughout the Elgin area. Its principal place of business is 220 East Chicago Street. The YWCA of Elgin provides adult education in the form of English-as-a-second language and graduate equivalency degree (GED) classes. Other services and programs such as subsidized childcare, youth outreach services, health and wellness classes and the Southeast Asian Youth Program help students develop the skills needed to succeed in both the classroom and in the community. The YWCA of Elgin applied for Community Development Block Grant (CDBG) funds in 2009. The funding was approved by the City Council in March 2010 and incorporated into the 2010 Annual Updated Action Plan. The YWCA of Elgin was allocated a total of $55,400 in CDBG funds from the 2010 CDBG program year. The funds will be used by the YWCA of Elgin to repair the building's leaking roof and architectural services for the remodel of the entire building for current and future needs of � '` the facility located at 220 East Chicago Street. 4 Community Development Block Grant Sub-Recipient Agreement for YWCA of Elgin June 3, 2010 Page 2 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None.n , FINANCIAL IMPACT ViTh The allocation of CDBG funds to complete the YWCA of Elgin project will total $55,400. `1 Sufficient funds are budgeted ($55,400) and available ($55,400) to enter into this agreement in the CDBG Fund, account number 230-0000-791.93-36, "Buildings/Structures", project number 154648 "YWCA Roof Repair and Architectural Services Project". GAL IMPACT None. ALTERNATIVES 1. The City Council may choose to approve the sub-recipient agreement with the YWCA of Elgin in the amount of$55,400. 411) 2. The City Council may choose not to proceed with the sub-recipient agreement with the YWCA of Elgin at this time. Respectfully submitted for Council consideration. DMM Attachment 411) ,c,4 OF Et.Ci `'� 2 City of Elgin I. r� ,•A ?ii Date: June 29, 2010 To: Denise Momodu, Associate Planner From: Jennifer Quinton, Deputy City Clerk Subject: Resolution No. 10-124, Adopted at the June 23, 2010 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 the YWCA of Elgin, Inc.