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12-192
Resolution No. 12 -192 RESOLUTION AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT SUB- RECIPIENT AGREEMENT WITH WELL CHILD CENTER, INC. FOR NORTH PARKING LOT SITE IMPROVEMENTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a community development block grant sub- recipient agreement on behalf of the City of Elgin with Well Child Center, Inc. for north parking lot site improvements, a copy of which is attached hereto and made a part hereof by reference. sl David J. Kaptain David J. Kaptain, Mayor Presented: December 14, 2012 Adopted: December 14, 2012 Omnibus Vote: Yeas: 7 Nays Attest: sl Kimberly Dewis Kimberly Dewis, City Clerk AGREEMENT BETWEEN THE CITY OF ELGIN AND WELL CHILD CENTER, INC. This AGREEMENT is entered into as of the 14th day of December , 2012, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter called "GRANTEE" or "CITY ") and the WELL CHILD CENTER, 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 620 Wing Street, Elgin, Illinois 60123. RECITALS A. CITY has applied for Community Development Block Grant funds (hereinafter referred to as "CDBG funds ") from the United States Department of Housing and Urban Development (hereinafter called "HUD ") as provided by the Housing and Community Development Act of 1974, as amended (P.L. 93 -383) (hereinafter called "ACT "). B. CITY has considered and approved the application of SUB - RECIPIENT for CDBG funds allotted to CITY for distribution to SUB - RECIPIENT. C. The CITY and SUB - RECIPIENT enter into this Agreement pursuant to their respective powers to enter into such agreements, as those powers are defined in the Illinois Constitution and applicable statutes. II. SCOPE OF THE PROJECT A. SUB - RECIPIENT hereby agrees to perform, in a timely fashion, the activities provided for herein, and those previously defined in the application and project description dated December 15, 2010, submitted by the SUB - RECIPIENT entitled "Phase -Two Site Improvements Project' 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) 2011 -2012. B. All funding provided to SUT3- RECIPIENT shall be used solely to make site improvements to the north parking lot, of the Well Child Center's facility at 620 Wing Street, Elgin, Illinois. About 18,000 low and moderate - income Elgin families will benefit from the Center's program in its 2011 -2012 fiscal year. The subject building will serve 100 percent low and moderate income persons as defined by 24 CFR 570.208 (a) (2) (i) (A). Such funding shall be used only for (i) the exterior lighting improvement to help illuminate the parking lot; (ii) resurface of the parking lot including signage and markings, to create safe passage for both pedestrian and vehicles; (iii) new perimeter landscaping and fencing; (iv) a security system, 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: Page 1 of 19 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 local 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. Quarterly Progress Reports The SUB - RECIPIENT shall provide a Quarterly Progress Report to the CITY each quarter, reporting on the status of the PROJECT in relation to the Project Implementation Schedule. The quarterly progress reports shall begin upon the signing of this Agreement, and be based on the CDBG program year, begim ing on June I" and ending on May 31" of the following year. The quarterly progress Page 2 of 19 report shall be submitted until the completion of the project or until directed to discontinue such reports in writing by the CITY. 2. Quarterly progress reports shall be due on the 10`x' day of the month following, the end of the quarter, for the previous quarter's activities. 3. 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 quarter (by race, income, and the number of female headed households). F. Request for Payment 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- RECIPEENT (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. 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 the CITY without the required documentation. H. 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 finds 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 CPR 570.504. By way of further limitations, to the extent any such income is used during the Agreement period for activities permitted under this 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 this 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 the CITY. Page 3 of 19 III. AMOUNT AND TERMS OF GRANT A. The CITY shalt 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 $64,700 (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. 154753 and Account No. 230- 0000 - 791.93 -36 in the amount of $64,700, which identifying numbers shall be used by SUB- RECIPIENT on all payment requests. C. In the event the services identified in Section 11, .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 Well Child Center, 620 Wing 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 project 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 shalt not be construed as limiting the CITY from asserting any clairns against the Well Child Center, 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 percent of the persons served on an annual basis shall be at or below 80 percent 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 percent threshold shall require SUB - RECIPIENT to reimburse the CITY for funds expended, in whole or in part, for project 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. N. 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 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 Page 4 of 19 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: 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 ITUD 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 nondiscriminatory 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 quarterly progress reports which describe the work already performed and anticipated during the remaining time of the PROJECT. Upon fifteen (15) days notice from the CITY, originals or certified copies of all time sheets, billings, and other documentation used in the preparation of said progress reports shall be made available for inspection, copying, or auditing by the CITY at any time during normal business hours, at 150 Dexter Court, Elgin, Illinois. SUB- RECIPIENT shall adopt the audit requirements of the Office of Management and Budget (hereinafter "OMB ") Circular A -133, "Audits of Institutions of Higher Learning and Other Non -Profit Institutions." SUB - RECIPIENT shall submit to the CITY one copy of said audit report. SUB - RECIPIENT shall permit the authorized representatives of the CITY, HUD and the Comptroller General of the United States to inspect and audit all data and reports of the SUB - RECIPIENT relating to its performance under this Agreement. Page 5 of 19 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. Without limiting the foregoing, the SUB - RECIPIENT shall comply with the regulations, policies, guidelines and requirements set forth in Exhibit B, attached hereto and incorporated herein by this reference. 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 IIUD, 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. VL SUB - RECIPIENT'S AUTHORIZATION TO ACCEPT PROPOSALS A. After the CITY has received notification that funds for the PROJECT have been released by IIUTD, 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 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: Page 6 of 19 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; 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. 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 alter 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 I1.13, incurred by SUB - RECIPIENT under this Agreement. VIII. ADMINISTRATION AND REPORTING REQUIREMENTS Page 7 of 19 A. SUB- RECIPIENT shall administer the Grant Funds in conformance with the regulations, policies, guidelines and requirements of OMB Circular numbers A -110, A -122, and A- 133, as they relate to the acceptance and use of federal funds for the PROJECT. B. SUB - RECIPIENT shall submit all required information to show compliance with applicable laws, rules and regulations, as specified in this Agreement and shall submit to CITY a quarterly progress report no later than the 10th 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 pail 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 this 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 reason stated herein above 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 Page 8 of 19 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 Aor B of this Section X, then the CITY or SUB - RECIPIENT shall immediately notify the other party, in writing, providing the full details of the alleged violation. To the extent that any such matter is not subject to exclusive federal jurisdiction, venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this Agreement between the CITY and SUB - RECIPIENT shall be in the Circuit Court of Kane County, Illinois. D. In addition to any remedies available to the CII'Y, 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 Page 9 of 19 A. Time is of the essence of this Agreement. SUB- RECIPIFNT 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. Actions Date 1. Prepare Bid Specification January 31, 2013 2. Bids Solicited March 1, 2013 3. Select Contractor May 1, 2013 4. Construction Begins June 1, 2013 5. Construction Completed December 1, 2013 B. SUB - RECIPIENT. Shall complete the PROJECT within twelve (12) months from the date of this Agreement. However, in the event of any alterations or additions or of circumstances beyond the control of SUB - RECIPIENT, which in the opinion of the Community Development Director will require additional time for completion of said expenditures, then in that case, the time of completion shall be extended by the Community Development Director by a period of time not to exceed six (6) months. C. If SUB - RECIPIENT is delayed in the completion of the PROJECT by any cause legitimately beyond its control, as determined by the CITY, such that it cannot complete the PROJECT within eighteen (18) months of the date of this Agreement, it shall immediately give written notice to the CITY of the anticipated delay, the reasons therefore and request an extension of time for completion of the PROJECT. CITY's Community Development Director shall consider any such request and shall make a recommendation to CITY's City Council as to whether in his sole discretion he considers such an extension to be reasonable and necessary, under the totality of circumstances to be required for completion of the PROJECT due to the particular circumstances. The CITY's City Council shall act upon the extension request and recommendation of the Community Development Director and notify the SUB - RECIPIENT whether the time extension is granted or denied, and the CITY's intention to exercise the remedies available herein, including but not limited to suspension of further payments. A revised implementation schedule shall be submitted by SUB - RECIPIENT if an extension is granted by the CITY. XII. MISCELLANEOUS PROVISIONS A. AMENDMENT'S - 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 Page 10 of 19 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 Sections V and 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 SL,B- 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 terns and provisions of this Agreement shall be in the Circuit Court of Kane County, Illinois. Page 11 of 19 IN WITNESS WHEREOF, the patties hereto have executed this Agreement on the dates recited below. CITY OF ELGIN, an Illinois Municipal Corporation ATTEST: _ Kimberly ewie City Clerk SUB - RECIPIENT: Well Child Center 620 Wing Street, Elgin, Illinois 60123 BY: rP�'S-AA 'i1•' 1 Trisha Roth Executive Director DATE: ATIEST: 2 z. 2> Page 12 of 19 EXHIBIT A SUB - RECIPIENT'S CDBG APPLICATION Page 13 of 19 Organization Name: Project Name: Project Address: Exec Director Name: Address: Telephone #: PROPOSAL APPLICATION FOR CDBG FUNDING: THE COMMUNITY DEVELOPMENT BLOCK GRANT IC ENTITLEMENT PROGRAM 44 FISCAL YEAR 2011 JUNE It 2011 THROUGH MAY 31, 2012 Well Child Center NV Phase -Two Site Improvements Project, Well Child Center 620 Wing Street, Elgin, Illinois 60123 620 Wing Street, Elgin, Illinois 60123 (847) 930 -6709 Fax #: (847)741 -2413 Email Address: troth@wellchildcenter.org Website (if applicable): www.wellchildcenter.org Employer (IRS) ID #: 23- 7348349 DUNS #: 097270243 Contact Name: Trisha Roth Title: Executive Director Contact Telephone #: 847 -930 -6709 Fax #: 847 - 741 -2413 Contact Email: troth0wellchildcenter.org Website (if applicable): www.wellchildcenter.org CDBG Funds Requested 564,700 Funding Leveraged from other Sources $ *We are currently applying for Riverboat and Kane County Block Grants as well as fundraising from private sources. Check the category, which describes the type of funding, requested: Housing Public Facility infrastructure ❑ Economic Development 7 Public Service ❑ Other BRIEF PROJECT DESCRIPTION: Please provide a one- sentence statement about vour prole —not your organization, We are requesting $64,700 to make the north parking lot of the Well Child Center facility safe for the 18,000 low and moderate income families who use the building. City of Elgin CDBG Application FY 2011 Application Page 15 Public improvements /Construction Activity Application Form Project Name /Title: Phase -Two Site Improvements Project, Well Child Center Agency Name: Well Child Center Agency Address: 620 Wing Street City: Elgin State: Illinois Zip; 60123 1. Project Description (Attach additional sheets as necessary.) a. Provide a detailed description of the facilities to be provided or improved. Identify major components of proposed work and state estimated quantities: Well Child Center plans to address the safety of our larger north parking lot at our widely- utilized health and social services center. ® Exterior lighting will be improved to help illuminate our parking tot making it safer for our clients. • Resurfacing (including signage and markings) will) create safe passage for both pedestrians and cars. • The lack of formal perimeter landscaping attracts blight and security problems. We will address this by introducing new perimeter landscaping and a chain link security fence. • A security system will be installed to help further protect our clients while entering and exiting our building. See Attached. I b. Indicate the primary function of the facilities to be provided or improved: The building serves 18,000 people annually through services provided by: Well Child Center (provides pediatric dental care and nutrition counseling and food assistance), Visiting Nurses Association of Fox Valley (VNA) (provides medical care to all ages), Aunt Martha's Youth Care Services (provides mental health services), and Community Contacts (provides energy assistance to families). The north lot provides parking for all clients who use the health and social services in the building. The services are offered for low- and moderate- income families and uninsured, at -risk children in the Elgin community. i c. Readiness to Proceed: (i) Do you have an architect /engineer under contract? If so provide name. X Yes D No Falco Architects (I!) Do you have preliminary plans /drawings completed (If so, attach)? 11 Yes X No (H) Do you have project cost estimates completed (if so attach)? X Yes a No (using Davis Bacon Wage Rate and labor Standards) I � j Please note that any costs incurred prior to the award and environmental review process cannot be reimbursed to the applicant. i City of Elgin CDBG Application FY 2011 Application Page 16 e. Provide evidence of site control. Copy of the deed. If property is not owned provide a copy of the lease. Agreement and letter from owner approving proposed work. CONSTRUCTION PROJECTS ONLY 2. Project Location: Weft Child Center a. Project Address /Location: (Include photographs) 620 Wing Street, Elgin, Illinois 60123 Census Tract(s): 8510 Brock Group(s): 2 b. Indicate if the project is located in, or will have any impact on, the following: ( Please indicate Yes or No) I (i) National Register Historic District _ (it) Designated Wetlands Area (iii) Land UseJ2oning Change ❑ Yes X No 0 Yes X No i=1 Yes X No + If yes, explain: If yes, explain: if yes, explain: I i (iv) Environmental Hazards- 0 Yes X No If yes, explain: c. Provide a time line for the project Construction Bid Period: Status: Fund Raising current status of project progression: Start Date: June 2011 Completion Date: August 2011 3. Project Benefit: (Attach additional sheets as necessary.) I a. Describe the existing problems or conditions to be corrected by the proposed activity. Identify the persons affected by these conditions. Explain how the project benefits low and moderate income people. The benefit of the project will be a safer parking lot for the 18,000 low and moderate income clients who use the services offered within our building. See attached. City of Elgin CDBG Application FY 2011 Application Page 17 F b. Describe in quantifiable terms the goals to be achieved by your project during the proposed funding period, and how the recipients of your services will be benefited or changed. The goal of the project is to make the parking lot safe for clients of the Weil Child Center facility. This includes j improving the lighting, resurfacing (including signage and markings), landscaping to eliminate blight, and j installing a dosed- circuit video recording system. The project will eliminate the unsafe conditions that j currently exist. i i i i";ONs'1"Rctft:°f"M PROIE€'TSrna"IbE €.Y Our project has been divided into independent phases. These phases are ready to move forward separately as each becomes funded. Please review the attached Engineer's Estimate of Probable Costs for our submitted phased project. City of Elgin CDBG Application FY 2011 Application Page 18 ACtl TY° i36C funds ri'iHEIR aiON- OTHER fEOERAL - fElSEI R ft3Alla5 A*J Acquisition costs Land $0.00 Existing structures $0.00 Other acquisition costs $0.00 Site Work jnot in construction contract) -: Demolition /clearance $2,000.00 $2,000.00 Other site costs $937.501 $937.50 ConstructiontProject Improvement Costs . New Construction $0.00 Rehabilitation $55,844.50 $55,844.50 Performance bond premium $0.00 Construction contingent $5,878.25 $5,878.25 Other $0.00 Architocturai and Engineering Architect Fees $0.00 Engineering fees $0.00 Other A & E fees I s5mo.001 $5,000.00 Other Owner costs -: Appraisal fees $0.00 Survey $0.00 Soil boringlenvironmentai /LBP evaluation $0.00 Tap fees and impact fees $0.00 Permitting fees $0.00 Legal fees $0.00 Other $0.00 Miscellaneous Costs Developer fees $0.00 Project reserves $0.00 Relocation costs $0.00 Project Admin A Management Costs Marketinglmanagement $0.00 Operating 1 $0.00 Taxes $0,00 Insurance $0.00 Other $0.00 TOTAL $69.660,25 $0-00 $0.00 $69,660.25 'The line items in column A are a guide. Items may be added or deleted depending on the type of project. CONSi"IdikCTWN PROJECTS OfqV 1. Construction Procurement Guidelines for private non - profit construction projects All construction contracts in excess of $2,000 will be subject to federal Davis -Bacon Wage Rates and Labor Standards provisions. A schedule of current prevailing wage rates and fringe benefits is available at the Illinois Department of Labor at www. state.il.us \aRencv\idol \rates \evenmo \kane9999.htm . City of Elgin CDBG Application FY 2011 Application Page 19 $25,000 - $99,999 Projects over $25,000 require Newspaper Advertisement Public Solicitation of Contractor Bids in Elgin Standard Times. Federal requirements for Davis -Bacon and Minority and Women Business Enterprise Participation (MBE /WBE) compliance will be applicable. Federal Section 3 and City of Elgin Minority Workforce Requirements are not applicable for contracts under $100,000. The lowest qualified bid representing the complete scope of work from a QUALIFIED CONTRACTOR will be considered. $100,000+ Projects over $100,000 require Newspaper Advertisement Public Solicitation of Contractor Bids in Elgin Standard Times. Federal requirements for Davis -Bacon and Minority and Women Business Enterprise Participation (MBE /WBE) compliance will be applicable. Federal Section 3 and City of Elgin Minority Workforce Requirements will be applicable for contracts over $100,000. Bond Requirement —100% Payment and Performance Bonds. The lowest qualified bid representing the complete scope of work from a QUALIFIED CONTRACTOR will be considered. City of Elgin CDBG Application FY 2011 Application Page 20 2. PROJECT EUGIBILTY SECTION A. This project is located in 8510.2 Census Tract(s) (Identify tract by number) (website - Factfinder.census.gov) B. This project meets at least ONE of the HUD national objectives listed below (please check all applicable; discussion and definitions available on page 6 of the packet): X 1. Benefits low /moderate income individuals /households X 2. Addresses the prevention or elimination of slums or blight 3. Meets a particularly urgent community development need. C. Check all statements that describe HOW this project or activity meets one of the National Objectives above: ❑ LIM Area Benefit: the project meets the identified needs of L/M income persons residing in an area where at least 51% of those residents are L/M income persons. The benefits of this type of activity are available to all persons in the area regardless of income. Examples: street improvements, water /sewer lines, neighborhood facilities, facade improvements in neighborhood commercial districts. Ox LIM Limited Clientele: the project benefits a specific group of people (rather than all the residents in a particular area), at least 51% of whom are L/M income persons. The following groups are presumed to be L /M: abused children, elderly persons, battered spouses, homeless, handicapped, illiterate persons, Examples: construction of a senior center, public services for the homeless, meals on wheels for elderly, construction of job training facilities for the handicapped. ❑ LIM Housing: the project adds or improves permanent residential structures that will be occupied by L/M income households upon completion. Housing can be either owner or renter occupied units in either one family or multi - family structures. Rental units for L/M income persons must be occupied at affordable rents. Examples: acquisition of property for permanent housing, rehabilitation of permanent housing, conversion of non - residential structures into permanent housing. ❑ LIM Jobs: the project creates or retains permanent jobs, at least 51% of which are taken by L/M income persons or considered to be available to L/M income persons. Examples: loans to pay for the expansion of a factory, assistance to a business which has publicly announced its intention to close w /resultant loss of jobs, a majority of which are held by L/M persons. ❑ MicroEnterprise Assistance: the project assists in the microenterprise or assists persons developing a microenterprise defined as having five or fewer employees, one or more of who This activity must benefit low /moderate income persons, area previous sections. NOTE: List is continued on the following page... City of Elgin CDBG Application FY 2011 establishment of a (A microenterprise is n owns the business.) or jobs as defined in Application Page 21 ❑ Slum or Blighted Area: the project is in a designated slum /blight area and the result of this project addresses one or more of the conditions that qualified the area. ❑ Spot Blight: the project will prevent or eliminate specific conditions of blight or physical decay outside a slum area. Activities are limited to clearance, historic preservation, rehabilitation of buildings, but only to extent necessary to eliminate conditions detrimental to public health and safety. Examples: historic preservation of a public facility threatening public safety, demolition of a deteriorated, abandoned building. D. Project Category [check one]: ❑ Acquisition of Real Property ❑ Disposition of Real Property X Public Facilities and Improvements (e.g., homeless shelter, water and sewer facilities, flood and drainage improvements, fire protection facilities /equipment, community, senior and health centers, parking, streets, curbs, gutters and sidewalks, parks and playgrounds.) ❑ Privately -Owned Utilities ❑ Public Service (i.e., a new service or an increase in the level of a service) ❑ Relocation Payments and Assistance to Displaced Persons ❑ Removal of Architectural Barriers, Handicapped Accessibility ❑ Housing Rehabilitation ❑ Historic Preservation ❑ Commercial or Industrial Rehabilitation, including facade improvements and correction of code violations. ❑ Special Economic Development or assistance to micro - enterprises. City of Elgin CDBG Application FY 2011 Application Page 22 3. IMPACT ON APPLICABLE GOALS, NEEDS, AND OBJECTIVES The Five -Year Consolidated Plan identifies both priority needs in the community and strategies to address these needs. The need for your proposed project will be determined by identifying how the project impacts upon the adopted Consolidated Plan Priority Needs. Therefore, applications should provide a clear explanation of how the project impacts upon the adopted Consolidated Plan Priority Needs. Greater consideration will be given to projects that provide a clear description of the project with supporting data and methodology of how the project will meet the Consolidated Plan Priority Needs. Our project requests funding to improve the dilapidated condition of the north parking lot at our Well Child Center facility for the safety of the 18,000 EMI clients from the Elgin area who utilize the health and social services housed within the building. The project directly improves a facility from which 18,000 LMI clients receive medical, dental and social services, the public facilities priority #3. Our plan is to provide updated lighting, resurfacing, landscaping, and surveillance equipment. If funded, the project will begin in June 2011 and will be completed in August 2011. Well Child Center lacks the resources to complete this project on its own. Please identify the category and activity applicable to your proposal, using that table as your guide: Example- V/ Public Services Activity: Youth Transportation ❑ Homelessness ❑ infrastructure ❑ Affordable Housing X Public Facilities ❑ Planning & Capacity Building Activity Activity Activity Safe parking for building housing human services organizations The City of Elgin has identified ten strategic goals to reflect the City's ongoing commitment to the community. Greater consideration will be given to projects that provide a clear description of the project with supporting data and methodology of how the project will meet the City's strategic goals. Reflecting the City's mission, our project clearly makes the community safer by improving the north parking lot at our Well Child Center facility which serves 18,000 LMI clients from the Elgin area. The current condition of the lot puts members of the community who utilize our health and social services at risk from vandalism, loiterers, deteriorated surfaces, and lack of lighting. To create a safe lot, our plan is to provide updated lighting, resurfacing, landscaping (for concealment from vandals and loitering), and surveillance equipment. If funded, the project will begin in June 2011 and will be completed in August 2011. Please identify ALL the categories applicable to your proposal: X A Safe Community ❑ Neighborhood Vitality ❑ Economic Growth and Diversified Tax Base ❑ Recreational, Leisure and Cultural Opportunities for all Citizens ❑ Quality Housing ❑ River as a Resource ❑ Alive Downtown ❑ Financially Stable City Government El Customer Service ❑ Diverse Management Staff City of Elgin CDBG Application FY 2011 Application Page 23 PROPOSED PROJECT ACCOMPLISHMENTS Please briefly describe proposed accomplishment(s) if funding is awarded: (Accomplishments must be described in terms of households served, people served, businesses created, housing units created, jobs created or public facilities undertaken. Example: This program will serve 485 LMI individuals, this program will create 25 jobs, etc.) PROPOSED ACCOMPLISHMENTS: This project will make the parking lot safe for 18,000 LMI clients who utilize health and social services in the Well Child Center facility. i Please answer the following questions: A. What is the total estimated number of persons to be served by this project? t8,000 B. What is the total estimated number of LMI persons to be served by this project? 8,000 C. What is the anticipated percentage of LMI persons to be served by this project? 100% 4. ACTIVITY DESCRIPTION: Please answer the following questions in the space provided. A. Provide a detailed description of the proposed activity including how the activity will address the community need you have indicated. identify whether the activity is new, ongoing, or expanded from previous years. By making our parking lot safe for our 18,000 clients, we impact the City's goal to provide a safe community. Our parking lot has seen some incidences of vandalism. Theft from cars or damage to cars takes a financial and emotional toll on its victim. in addition, costs are incurred by the City, police resources, and court expenditures. The renovated lot would demonstrate best practices in keeping our community safe. B. Identify who will benefit from the proposed activity (e.g. homeless, youth, seniors, disabled, et cetera). If designed to benefit persons of L/M income, describe the process you will use to identify these persons and ensure that the activity meets this objective. (An LMI certification form is included in the RFP Packet). The project will benefit the 18,000 low to moderate income families who use the Well Child Center facility. The families served by Well Child Center and its collaborative partners in the building are living at or below 185% of the federal poverty level. The federal government has designated the geographic area served by the building as a Medically Underserved Area (MUA). A Medically Underserved Area is defined as one where more than 49% of the families in the area are uninsured or uninsurable. Our local school district (U -46) reports that 68.6% of the children residing in Elgin and South Elgin receive free /reduced cost lunches. In addition, we collect and maintain data through client records, patient charts and data management software. City of Elgin CDBG Application FY 2011 Application Page 24 C. Identify the accomplishments you intend to achieve with this activity. Provide an activity timeframe /schedule (include start, completion dates, and other significant stages). Well Child Center intends to make the parking lot safer for the 18,000 low to moderate income clients who use the Well Child Center facility. We plan to accomplish this project by improving the lighting, resurfacing and landscaping the lot, and installing a video device. We will begin renovation of the lot in June 2011 and complete the project by August 2011. 5, ORGANIZATIONAL. CAPACITY Please answer the following questions in the space provided. A. Provide an overview of your organization including length of time in existence. Attach a list of current officers and board members with terms. Well Child Center was founded in 1969 in the basement of a local church, where a group of caring Elgin citizens came together with the goal of providing uninsured children with immunizations and preventive medical care. For forty years, Well Child Center has been a leader in the provision of health and social services for low- and moderate - income families and uninsured, at -risk children in the Elgin community. In 2000, the organization purchased a 23,500 square -foot building located at 620 Wing Street in Elgin. With funding from charitable foundations and private donations, the former factory building, now known as the Well Child Center facility, was converted into a home for health and human services agencies. The objective of this collaborative association is to provide low- and moderate - income Elgin families with one- stop- shopping for the health and social services they need. The Well Child Center currently serves Elgin area families and children through two primary programs, both dedicated to the neediest children in our community. The Supplemental Nutrition Program for Women, Infants and Children (WIC) provides nutritional information and supplemental food to pregnant and postpartum women and to the parents of young children, ensuring that children stay healthy and that families understand the need for good nutrition. The Pediatric Dental Program serves children who would otherwise not be seen by a dentist due to their families' financial limitations. Other services housed in the Well Child Center's building include medical services (for both children and adults), mental health services, and energy /utilities assistance. B. Describe your organization's experience in successfully conducting this type of activity. Identify any skills, current services, or special accomplishments that demonstrate your capacity for success. While the building serves over 18,000 people annually, Well Child Center provides care to about 100 of Elgin's neediest families per day. Founded in 1969, our organization has grown in scope from delivering immunizations and preventative medical care to providing pediatric dental services and nutritional information and food assistance to women, infants and children. In 2000, we demonstrated the forethought to bring several health and social services agencies together in one building to create an easy way for clients to obtain necessary services. Well Child Center received a previous Community Development Block Grant and successfully accomplished the goals of the project within the scheduled timeframe. Today we look to make the parking lot safe for all clients using the building. City of Elgin CDBG Application FY 2011 Application Page 25 C. Identify the person(s) responsible for program and financial management of the activity. Identify all other persons involved in this activity noting whether these positions are current or new, pending this award. Trisha Roth — Executive Director, Well Child Center Ms. Roth has been with Well Child Center for 23 years, serving as the Assistant Executive Director and Coordinator of the WIC program before being promoted to Executive Director in 2005. Ms. Roth is responsible for developing, executing and managing the organization's strategic initiatives and financial objectives. Her leadership positioned Well Child Center to receive their first City of Elgin Community Development Block Grant, which they successfully implemented. Her resume is attached. Matt Falco -- Falco Architects Mr. Falco is a principal at Falco Architects, a young energetic architecture practice established in 2006. Mr. Falco will lead the project through each phase of the design. His firm was hired to complete the project funded by Well Child Center's previous City of Elgin Community Development Block Grant. D. Identify any other agencies /partners in this activity and define the roles and responsibilities of these partners. The Well Child Center facility serves 18,000 people annually through services provided by Well Child Center (provides pediatric dental care and nutrition counseling and food assistance), Visiting Nurses Association of Fox Valley (VNA) (provides medical care to all ages), Aunt Martha's Youth Care Services (provides mental health services), and Community Contacts (provides energy assistance to families). These agencies are tenants whose clients use the parking facility. E. Demonstrate that the proposed activity is economically feasible and can be implemented in a timely cost effective manner within the proposed program year. Our project has been divided into independent phases. These phases are ready to move forward separately as each becomes funded. Please review the attached Engineer's Estimate of Probable Costs for our submitted phased project. City of Elgin CDBG Application FY 2011 Application Page 26 F. Oftentimes projects that receive an award of CDBG funding are actually awarded less than the amount originally requested. This requires the submission of a revised budget and a description of how it will carry out the proposed activity with reduced funding prior to the commitment of any funding. Please indicate here whether your proposed activity could be undertaken with a reduced commitment of funding and if so, please highlight how that would affect the scope of services you are proposing. Our project has been divided into independent phases. These phases are ready to move forward separately as each becomes funded. Please review the attached Engineer's Estimate of Probable Costs for our submitted phased project. Application Page 10 A -7 City of Elgin CDBG Application FY 2011 Application Page 27 6. FINANCIAL The City encourages CDBG funds to be utilized as gap funding. A gap is defined as the amount of funding necessary to run a program after all other funding sources have been identified, thus leveraging Is very important in the application process. ACTIVITY BUDGET Please answer the following questions in the space provided. You may reference and attach an additional page if necessary. A. Complete the Budget Summary chart. More detailed budgets may be attached (and are strongly recommended) in support of the proposal. B. Identify sources of leveraged funding for this activity. Include the status of these funds (i.e. cash on hand, grants received, planned fund - raising, etc.). Attach copies of funding commitment letters or other evidence of funding support. C. Leverage — Consideration will be given to the amount of non -CDBG funds commit`....., .i 0� , .. BUDGET SUMMARY Category Breakdown CDBG Leveraged Funds Source of Total Funds Leveraged Funds Personnel * I Contractual Services $64,700.00 wewecurrently $64,700.00 (Specify) I applying for Riverboat and Kane County Block Grants as well as fundraising I from private sources. i Rent & Utilities i Communications Travel ;Other Specify: � I � i I I Total CDBG Request ` $64,700.00• n � ' . NO iii'`��AgY.� Grand Total j � $B4,7oo.0U City of Elgin CDBG Application FY 2011 Application Page 28 *NOTE: Please complete Budget Detail Chart on page 26 if personnel costs are included in your proposal. BUDGET DETAIL. This section provides back -up for each line item shown in the Budget Summary Chart. Please make certain this detailed breakdown is consistent with the Program Budget. Round up to the nearest hundred. Please note: A job description for each person must be provided. A Note about the Staff /Salary Breakdown: Please show all proposed staff positions funded with CDBG funds that relate to the proposed activity. If multiple staff members have the same position /title, list separately (For example: Counselor 1, Counselor 2). Use an additional sheet if necessary. You must submit job descriptions with your application for each position title identified below. Example: Current $25,000 $5,000 $30,000 x 40% = $12,000 Case manager x = x = - -- -- -- X -- — x = A. Oftentimes projects that receive an award of CDBG funding are actually awarded less than the amount originally requested. This requires the submission of a revised budget and a description of how it will carry out the proposed activity with reduced funding prior to the commitment of any funding. Please indicate here whether your proposed activity could be undertaken with a reduced commitment of funding and if so, please highlight how that would affect the scope of services you are proposing. Our project has been divided into independent phases. These phases are ready to move forward separately as each becomes funded. Please review the attached Engineer's Estimate of Probable Costs for our submitted phased project. City of Elgin CDBG Application FY 2011 Application Page 29 Is this a Annual Total %Time Spent on Total Position Position current or Annual Fringe Annual x this CDBG = Cost Requested Title proposed Salary Benefits Salary Project /Program from CDBG position? Example: Current $25,000 $5,000 $30,000 x 40% = $12,000 Case manager x = x = - -- -- -- X -- — x = A. Oftentimes projects that receive an award of CDBG funding are actually awarded less than the amount originally requested. This requires the submission of a revised budget and a description of how it will carry out the proposed activity with reduced funding prior to the commitment of any funding. Please indicate here whether your proposed activity could be undertaken with a reduced commitment of funding and if so, please highlight how that would affect the scope of services you are proposing. Our project has been divided into independent phases. These phases are ready to move forward separately as each becomes funded. Please review the attached Engineer's Estimate of Probable Costs for our submitted phased project. City of Elgin CDBG Application FY 2011 Application Page 29 A. THRESHOLD CERTIFICATION in order for your application to be accepted, in addition to the application itself, your organization must submit the following items to the Office of Housing and Community Development no later than 5:00 PM on DECEMEBER 15, 2010. ❑ An original application with all questions completed along with one copy that is 3 -hole punched and clipped [not bound) of the completed application. (Only the original must include the requested support documents such as the articles of incorporation and the current list of your Board of Directors.) q The following attachments /certifications: (if you have not submitted an application in the last two years OR if the information has changed) q Articles of Incorporation ❑ Current List of Board of Directors ❑ Certified Organization Audit /Financial Statements of most recent year a. Copy of OMB A -233 Audit (Required if $300,000 in aggregate Federal funds expended), or b. Financial statements audited by a CPA (only if not qualified for A -133), or C. Profit and Loss Statement for most recently completed fiscal year and General Ledger printout (only first time applicants or those who do not meet above criteria may submit) q IRS 501(c)(3) Designation Letter (Pending letters will not be accepted) q Current Fiscal Year Agency Budget, including all funding sources Job Descriptions per budget detail. C9 An Executed Statement of Applicant Form. 4 An Executed Signature Authorization Form. 14 Conflict of Interest Disclosure Form. 1 hereby confirm that this packet contains all materials required. Trisha Roth, Executive Director Signature and Printed Name Authorized Signer City of Elgin CDBG Application FY 2011 Application Page 30 B. STATEMENT of APPLICANT The undersigned acknowledges the following: 1. That, to the best of its knowledge and belief, all factual information provided is true and correct and all estimates are reasonable. 2. That no revised pro posals {applications may be made in connection with this application once the deadline for applications has passed. 3. That the City of Elgin may request or require changes in the information submitted, and may substitute its own figures, which it deems reasonable for any or all figures provided, That the applicant will participate in required interview for project assessment and cooperatively assist in the review process, 4. That, if the project(s) is recommended and approved by the Mayor and City Council, the City reserves the right to reduce and/or cancel the allocation if federal entitlements are cancelled, reduced, or rescinded. 5. The City of Elgin reserves the right not to fund any submittals received. 6. By submission of this application, the organization agrees to abide by the federal regulations applicable to this program. 7. That, if the project(s) is funded, the organization agrees to abide by the City's locally established policies and guidelines 8. That past program and financial performance will be considered in reviewing this application. 9. That services are to be provided at no cost to citizens during the grant period. All program income (Le: fees, repayments, foreclosures, etc.) must be remitted to the City. 10. That, if the project(s) is funded, the City or a designated agency may conduct an accounting system inspection to review internal controls, including procurement and uniform administrative procedures, prior to issuance of payments for projected expenditures. 11. That, if project(s) is funded, the City will perform an environmental review prior to the obligation of funds. 12. That, if a project is funded, a written agreement that includes a statement of work, records retention and reporting, program income procedures, local and federal requirements, circumstances that would trigger grant suspensions and terminations, and reversions of assets would be required between the organization and the City. 13. That a project's funding does not guarantee its continuation in subsequent action plans. 14. Provide written signatory authority from the organization's governing body indicating who can execute contracts and amendments on its behalf. Statement of Applicant continued on following page. City of Elgin CDBG Application FY 2011 Application Page 31 15. Agrees to abide by the City of Elgin's Conflict of Interest policy. Items of concern would include staff members serving on the Board of Directors, staff members` families serving on the Board of Directors, and other matters that may give the appearance of a conflict of interest. U.S. Code Title 18, Section 1001, provides that a fine of up to $10,000 or imprisonment for a period not to exceed five years, or both, shall be the penalty for willful misrepresentation and the making of false, fictitious statements, knowing same to be false. By signature below, the applicant acknowledges the above in its name on this 15th day of December, 2010. Well Child Center Name of Organization By: 7XI Ate. (Signature) Executive Director (Title) City of Elgin CDBG Application FY 2011 Application Page 32 Conflict of Interest The standards in OMB Circular A -110, Subpart C, provide that no employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by Federal funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when an employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in the firm selected for an award. The CDBG regulations at 24 CFR 570.611 and HOME regulations at 24 CFR 92.356 provide that no person who is an employee, agent, consultant, officer, or elected official or appointed official of the recipient or subreciplent that are receiving CDBG or HOME funds and (1) who exercises or has exercised any functions or responsibilities with respect to activities assisted with CDBG funds; or (2) who is in a position to participate in a decision- making process or gain Inside information with regard to these activities, may obtain a financial interest from a CDBG- assisted or HOME- assisted activity, or have any interest in any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one (1) year thereafter. A disclosure of the nature of any perceived or actual conflict must be made prior to the execution of agreements utilizing CDBG or HOME. IF NO CONFLICT EXISTS, COMPLETE THE FOLLOWING: X I certify that no conflict of interest exists between the City of Elgin and (name of organization) Well Child Center. X I certify that no conflict of interest exists between the subcontractors of and (name of organization) Well Child Center.. IF A POTENTIAL CONFLICT EXISTS, COMPLETE THE FOLLOWING: ❑ I certify that a potential conflict of interest may exist between the City of Elgin and (name of organization) ❑ I certify that a potential conflict of interest may exist between (name of subcontractor) and (name of organization) Describe the nature of the conflict of interest below. Identify the individual, employment and the conflict or potential conflict, and their affiliation with your organization. Signature of Authorized Agency Official L� Trisha Roth. Executive Director Typed Name and Title Date 1�'-: IS •-(Ci City of Elgin CDBG Application FY 2010 Instructions Page 27 C. SIGNATURE AUTHORIZATION FORM The Board of Directors of Well Child Center does hereby resolve that on December 15, 2010 the Board reviewed the Application for Community Development Block Grant Funds to be submitted to the City of Elgin Community Development Department for funding consideration for the fiscal year 2011 and in a proper motion and vote approved this application for submission. The Board further certifies that the organization making this application has complied with all applicable laws and regulations pertaining to the application and is a non - profit organization, tax - exempt and incorporated in the State of Illinois. Well Child Center hereby proposes to provide the services or project identified in the Scope of Services in accordance with this application for Community Development Block Grant Funds. If this application is approved and this organization receives CDBG funding from the City of Elgin, this organization agrees to adhere to all relevant Federal, State and local regulations and other assurances as required by the City. Furthermore, as the duly authorized representative of the organization, I certify that the organization is fully capable of fulfilling its obligation under this application as stated herein. I further certify that this application and the information contained herein are true, correct and complete. I also authorize the following person(s) to have signatory authority regarding this grant: Trisha Roth Name Executive Director Title Name Title President /Board of Directors (or other authorized person) December 15, 2010 Date PENALTY FOR FALSE OR FRAUDULENT STATEMENT U.S. Code Title 18, Section 1001, provides that a fine of up to $10,000 or imprisonment for a period not to exceed five years, or both, shah be the penally for willful misrepresentation and the making of false, fictitious statements, knowing same to be false. City of Elgin CDBG Application FY 2010 Instructions Page 27 Ia. Project Description The proposed improvement will make the Well Child Center parking lot safe for clients by providing updated lighting, resurfacing, new perimeter landscaping and a dosed circuit video recording system. • Enhanced lighting will be used to make the lot safe for clients who are utilizing the building's services during the evening hours and at night. The new fixtures will prevent off -site lighting and night sky pollution, and will be designed specifically for energy efficiency. • The resurfacing component will create a safe passage for both pedestrians and vehicles. Anew lot will be formed with blacktop, curbs, traffic flow signage and pavement markings to indicate the pedestrian access points and traffic flow through the lot. This will improve circulation through the lot to make it safer for all pedestrians and vehicles. There is an existing storm line that has a portion of pipe that needs replacement. The repair will increase the drains efficiency in removing unwanted standing water that may freeze during winter. • Landscaping will be added to the perimeter to provide safety (concealment from vandals and loiterers) and screening. In addition, the landscaping will define the lot, offer shade in the summer, and block the wind. A chain link fence security fence will be constructed to further deter vandals and loiterers. • A security system will provide added security by including site surveillance. 3. Project Benefit Well Child Center would like to improve the safety of the north parking lot at their widely - utilized Well Child Center facility for low and moderate income families and uninsured, at -risk children in the Elgin community. Owned by Well Child Center and located at 620 Wing Street, Elgin, IL, the Well Child Center serves 18,000 people annually through services provided by Well Child Center (provides pediatric dental care and nutrition counseling and food assistance), Visiting Nurses Association of Fox Valley (VNA) (provides medical care to all ages), Aunt Martha's Youth Care Services (provides mental health services), and Community Contacts (provides energy assistance to families). Services are provided four days per week, from 7:30 a.m. to 8:00 p.m. and Friday and Saturday until 5:00. The economic downturn has increased demands for services provided within the building, thus making safety in the north parking lot a priority. Well Child Center is working with Falco Architects to make the north parking lot safe for clients by improving lighting, resurfacing, landscaping and installing a surveillance camera. • Currently, the lighting is inconsistent and substandard. The dimly lit lot exposes clients to inherent vulnerabilities. • The existing parking surfaces are seriously deteriorated —pot- holes, cracks, damaged and crumbling surfaces represent risk, especially for the many mothers walking into the building carrying infants with a toddler in tow. The misaligned spaces and aisles create unsafe circulation for clients who are parking, and then walking to the building's entrance. The current lot creates risk for both vehicles and pedestrians due to lack of signage and improper markings. Improper drainage has led to the deterioration of the surface which, again, puts clients at risk for standing water and ice. ® Since there is no screening or fence to define the lot and protect those using it, there is loitering with suspicious activity being conducted as well as incidences of vandalism. The parking lot renovation would provide for the safe passage of cars and pedestrians. JOB DESCRIPTION FOR EXECUTIVE DIRECTOR Executive Director The Executive Director is die Chief Executive Officer or yell Child Center. The Executive Director reports to the Board of Directors, and is responsible for the organization's consistent achievement of its mission and financial objectives. In program development and adrr rhsrration, the Executive Director will: Specific committee responsibilities: 1. Assure that the organization has a long -range strategy which achieves its mission, and toward which it makes consistent and timely progress. 2. Provide leadership in developing program, organizational and financial glans with the Board of Directors and staff; and carry out plans anti -policies authorized by the board. 3. Promote active and laroad participation by volunteers iri all .ueaxs of cite orlyanizatioti s work. 4. Maintain official records and documents, and ensure compliance with federal, state and local regulations. 5. Maintain a working knowledge of significant developments and trencis in the f >cld. In communications, the Executive Director will: 1. See drat the board is kept fully informcd on the condition of the organization and all important factors influencing it. both paid staff and volunteers. 2. publicize the activities of the organization, its prognims and goats. 3. Establish sound workingrelationships and cooperativearrangeinents with community groups and organizations. 4. Represent the programs and point of view of tine organization to agencies, organizations, and the general. public. In relations with staff, the Executive Director will: 1. .Be responsible for the recruinnent, employment, and release of all personncl, both paid staff and volunteers. 2. Ensure that job descriptions are developed, that regular performance ev;duauons are held, and that sound human resource practices are in place. 3. See that an effective management teen, with appropriate provision for succession, is in place. 4. Encourage staff and volunteer development and education, and assist program staff in relating their specialized work to the total program of the organization. 5. Maintain a climate that attracts, keeps, and motivates a diverse staff of top quality people. In budget and finance, the Executive Director will: 1. Be responsible for developing and maintaining sound financial practices. 2. Work with the staff, Finance Committee, and the board in preparing a budget; see that the organization operates within budget guidelines. 3. }insure that adequate funds are available to permit the organization to Garry out its work. 4. Jointly, with the president and secretary of the board of directors, conduct official correspondence of the organization, and jointly, with designated officers, execute legal documents. WELL CHILD CENTER - BOARD OF DIRECTORS — 2010 -2011 Officers President: Rita Martin Secretary: Beverly Hopson Vice President/Treasurer: Michael Brown Name E Home Address Occupation /Employer Term Expires (Mo /Yr) I Mark Ainley T President June 2013 (W) 630 - 587 -7400 GC Realty & Development j (F) 630- 587 -7301 796 Bartlett Road (C) 630 -781 -6744 Bartlen, IL 60103 m a rk(a)ac realty i nc.eo m Bob Bouque 1535 Easy Street Partner June 2012 (W) 847- 888 -4083 Elgin, IL, 60123 Green Tartan Cleaning, (F) 847- 888 -3624 INC. P.O. Box 931 bobii,glc'anitor.cmn Elgin, IL 60121 -0931 Michael Brown 1 503 Truman's Ct. VP Commercial Banking June 2012 (W) 847 -931 -3639 Belvidere, It- 61008 The National Bank (F) 847- 931 -0003 1800 McDoriough Rd. Suite 210 MichaeLBrowna,thenb.com Hoffman Estates. IL 60192 Diane Donalies 1 480 Columbia Ave. Sherman Hospital June 2012 (W) 847- 429 -8157 Elgin, IL 60120 934 Center Street (H) 847 -741 -5879 Elgin, IL 60120 ddonalies @gmail.com Melissa Barbosa- Guzman Attorney at Law i June 2012 (W) 847 -741 -6180 Ext. 26 169 East Chicago St. (F) 847 -741 -6159 Elgin, IL 60120 mbg law @a)yahoo.com Michael J. Hillebrenner, P.E., 1013 Apple Valley Project Engineer ; June 2013 CPESC Drive I Roux Associates, Inc. (C): (224)634 -5092 Bartlett, IL 60103 2000 Spring Road, Suite 420` (W): (630)572 -3300 Oak Brook, Illinois 60523 (Fax): (630)572 -8841 : mhillebrem rouxinaeom michael hitlebrenner@q) ahoo.com Beverly Hopson 264 Spring Cove Dr. I Retired Educator lute 2012 (H) 847 -531 -5212 ( Elgin, IL 60123 (C) 847 -508 -0154 bevro12002a,va h oo.com Rita Martin 355 Algona Avenue I Physician's Assistant 1 June 2011 (H) 847- 697 -0293 Elgin, IL 60120 Orthopedic & Spine Surgery (C) 847 - 507 -2141 Associates, LTD 2350 Royal Blvd. S. 200 rm355(),,sbe tobaI.net Elgin, (L 60123 Angela Landrowski, DDS General Dentistry June 2013 (W) 847- 697 -2550 j Peacock Dental C) 847- 682 -0444 j 320 N. McLean Blvd ( anp I Elgin, IL 60123 -etatodtlandrowski(a'�yahoo.com _ WELL CHILD CENTER - BOARD OF DIRECTORS - 2010-2011 Name Home Address Occupation7Employer Term Expires (Mo /Yr} Chris Maros 9N735 Old Mill Court 1 President i Jtme2012 (W) 847 -622 -9711 Elgin, IL 60124 Rieke Office Interiors (W) 224 -238 -2029 2000 Fox Lane (F) 847 - 622 -9750 ; Elgin, IL 66123 i (C)849- 833 -7032 ematus(a,rieke.com CZoran Stojanovie, DDS 18N313 Sawyer Road Cosmetic- General Dentistry June 2013 (W) 847 - 426 -4431 West Dundee, IL 60118 Zoran Stojanovie, DDS (F) 847 - 426 -4399 712 W. Main Street Annstoi cii)aol.co West Dundee, IL 60118 Maureen Valsted 618 N. Porter Street School District U-46 June 2012 (h) 847- 697 -6140 Elgin, IL 60120 Elgin, IL 60120 (0)630- 200 -0804 theverew(a),wideo enwest.com 1 3 Trisha Roth 1709 Ronzheimer Ave. Well Child Center Staff Executive Director St. Charles, IL 60174 620 Wing Street ( (W) 847- 930 -6709 Elgin, IL 60123 j 847 -741 -2413 847- 309 -9181 LLio na welIch i dcenter.or Michael J. Hillebrenner, P.E. 1013 Apple Valley Drive a Bartlett, II, 60103 mic(lael_hillebrennerayahoo.com a 224.634.509E ENGINEER'S OPINION OF PROBABLE COST FOR WELL CHILD CENTER GRANT" ASSISTANCE 624 Wing Street Elgin, IL 60123 12 -14 -2010 # This Opinion of Probable Construction Cost is based on the Engineers experience in similar projects and is not guaranteed. 1013 Apple Valley Drive o Bartlett, IL 60103 a 224.634.5092 a micllael _hillebrenner(cyahoo.com DESCRIPTIO N ❑NIT j TV $lUNfT DOTAL gb X29450.00 I WALL SCONCE. EA 7 $350.OD I $ 2 WAL -PAK EA 6 1 $500.00 ; $ 3,000.00 3 LIGHT POLE ASSEMBLY(CCrMPLETE EA 3 $4,000.00 $ (2,000.00 TOTAL PHASE A $ 17 450.00 4 ADTSECIIRITYSYSTEM EA $l0,000.D0 $ 10"000.00 TOTAL PHASE B $ 30 000 00 `=fi��" `� .o �- »,5%,�'s- -' ��. �a+v-"; b�'t�'a`i } 'c�t5i-.*";� _'5`+7t'"�'��"h• M� r�'y e �i3 Y' r:... 5 LANDSCAPING UPGRADES cA $7,500,00 j $ 7,500.00 TOTAL PHASE C = $ 7,500.00 'k%ka_��"p S hra»��NSrv� -a!�G 6 FULL DEPTH PAVEMENT REMOVAL (PATCHING) SY --- $ 10.00 $ 7 SAWCUT FULL DEPTH (ASPHALT AND CONCRETE) FOOT 250 ( $3.75 $ 937.50 8 BITUMINOUS CONCRETE BINDER CLASS 1.2.5" SY 1 200 $5.50 1100.oc 9 BITUMINOUS CONCRETE SURFACE, CLASS I, 1.5" SY 200 $4.50 900.00 10 SEALCOAT SY f 3,600 r $1.25 $ 4,500.00 11 BIT. PRIME COAT MATERIAL GPSY GAL 60 $1.00 _30 1 $ 60.00 12 = BIT. TACK COAT MATERIAL (.25 GPSY ) GAL 50 $1.70 $ 85 06 13 4" PAINTED LINE FOOT 1,750 $1.00 $ 1,750.00 TOTAL PHASE D $ 11 332.50 » 14 ' RETAINING WALL DROP OFF/FENCE AREA UPGRADE EA I $1,200.00 $ 1.200.00 15 CHAIN LINK SECURITY FENCE FOOT 315 $20.00 $ 6,300.00 16 DITCH DEBRIS CLEANUP EA i I SI,OOQ00 $ 1,000.00 TOTAL PHASE i S 8500.00 1 1 $4,000 00.00 0 1 $ 4,000.00 t7 4" STORM LINE REPAIR _ EA TOTAL PHASE F = $ 4,000.00 SUBTOTAL _ S 58,782.50 CONTINGENCY 10% $ 5,878.25 TOTAL OF SITE WORK $ 64.66"'75 Total Opinion of Probable Construction Cost -ALL PHASES $ 64,700,6_ This Opinion of Probable Construction Cost is based on the Engineers experience in similar projects and is not guaranteed. 1013 Apple Valley Drive o Bartlett, IL 60103 a 224.634.5092 a micllael _hillebrenner(cyahoo.com WRITE In reply refer to: 0248558532 45201 Apr, 02, 2008 LTR 41680 EO 23- 7348349 000000 00 000 00015369_ BODCs TE WELL CHILD CONFERENCE OF ELGIN 620 WING STREET ELGIN IL 60123 - 2800990 Employer Identification Number: 23- 7348349. Person to Contact: Mr. Lafollette Toll Free Telephone Numbers 1 -877 -824 -5500 Dear Taxpayers This is in response to your request of Mar. 26, 2008, regarding your tax- exempt status. Our records indicate that a determination letter was issued in August 1977, that recognized you as exempt from Federal income tax, and discloses that you are currently exempt under section 501(c)(3) of the Internal Revenue Code. the Our records also indicate you are not a private foundation within meaning of section 509(a) of the Code because You are described in section(s) 509(a)(1) and 170(b)(1)(A)(vi). Donors may deduct contributions to you as provided in section 170 of the Code. Bequests, legacies, devises, transfers, or gifts to you or for your use are deductible for Federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code. If you have any questions, please call us at the telephone number shown in the heading of this letter. Sincerely yours, Michele M, Sullivan, Oper. Mgr. Accounts Management Operations I °0 BO /90'140 1 '� •^-�' S 1 LOUS MC! 63170-040 i IF I III I II!t IIF II IItIII 'IIIiIIAtkIHIIIf'II "IIIIIIiIII h it110lII 000006550 1 =P ;.4.14 11064818064.14089 U LLGiN' WILL CHILD 620 'WING Si UNIT 2 ELGIN IL 6CY'3 i'Pt t i A'Q IRN"i G,1179 IMI)l PAGI?. i d:ti Vt}1r I)A'i "1; 10/:1111) I V01 4 ' 1„1114 f:1 : !QIUt➢(A,;,X, /1i)I -i�t ll.ft .'d'r. 111s i "- 1.5 in1 rUI %749 ',1`r 111 t fk'eisY^°F 4 �ytik 0}'30 /111 �ir;lfa i OfY /.G iii 1)011 t' NIA F P .'t' H43 £ ' !° 4 Li1 LN .KST ACURLFcL, 1 il'erp; 5r� stt ELGIN r7ELL. CHILD 6200 WING S1 UNIT 2 u ,�S 0 iiti nt .) Cii) t35; tivil .A it P01Af 0,519 i! COMMERCIAL IAL LOAN INVOICE 0' tit AVe iiai ikte liar �.�?iti'lU7t'iy tt,U SJ(" 7�6 0'C >kL •- "Ti7,.�? �.� .__..i_ _.. ._......_ n s v.ALdt : 15 MfiC%! 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UJ tm E O -a O O -0 m (D N 0' U :�2 C�iS�a�m m; 0 u) d W -U ¢ m (9 0 w' c 2.2 :IOIU d_n W aIO O a O O10 O CD 0 0 O O.0 0`.O �O 0'O 0 OHO t0 oiaj0 �Oj0 . `- N m V N, 0 �- N �B �- CN r o m m Cf mn m (n d' d' V V O LO LO LO r 0,0 �- �- �- N N N 07 C"1 m m m m (") 0 00 0 ti o 0 uj Z wa zl o w H 0 e 0 e4 LL LU d rx Lu z ui u J w �1 I O Oi0 O 0 -.0 O O p O O10 O10!O0 0 p 010;0 O Oj01010 co tK1 N sAft c L l N K3 i tv: I�;CO r H31C7 69;� N Lt ' EH &} ; i CV -� w LU �w LU Gl z LL 4 1 i xI :F M Lu L 0 C N �(Q T I� a 0i0;0000oz.0 0) C)�IgCD00wife r->14 vwuacoN �, LU I< a( ' 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 this 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 this Agreement and to provide such additional information as may be required. Prior to submission of its application to the City, the SLB- RECIPIENT has: (A) Met the citizen participation requirements of 570.301(b) and has provided citizens with: (I) 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 SUBGRANTEE will administer all implementing regulations issued at 24 CFR Part I; housing and (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 inanner 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; (F) Executive Order 11063 -Equal Opportunity in Housing, as amended by Executive Order 12259, and implementing regulations at 24 CFR Part 107; Page 14 of 19 (G) Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93 -112), as amended, and implementing regulations when published in effect; (FT) 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); Its notification, inspection, testing and abatement procedures contenting 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). 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); It is following the current City of Elgin Consolidated Plan which has been approved by IIUD pursuant to 570.306; and 9. It will not attempt to recover any capital costs of public improvements assisted in whole or in part with funds provided under Section 106 of the ACT or with amount resulting from a guarantee under Section 108 of the ACT by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements, unless: (1) funds received tinder 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 Page 15 of 19 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- RECIPEENTF 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 SUT- RECIPIENT's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (B) Establishing a drug -free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The SUB- RECIPIENT'S policy of maintaining a drug =free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. (C) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (A); (D) Notifying the employee in the statement required by paragraph (A) that, as a condition of employment under the grant, the employee will: (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; (E) Notifying the City of Elgin's Community Development Department within ten (10) days after receiving notice under subparagraph (D)(2) from an employee or otherwise receiving actual notice of such conviction; (F) Taking one of the following actions, within 30 days of receiving notice under subparagraph (D)(2), with respect to any employee who is so convicted: (1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (G) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (A), (B), (C), (D), (E) and (F). 1 I. 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. Page 16 of 19 11 In regards to lobbying, the SUB- RFCIPIBNT 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 tinder 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. Page 17 of 19 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. 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 and HUD, 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, HUD, 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, HUD, and the Secretary of Labor such information as they may require for the supervision of such compliance, and will otherwise assist the CITY and BUD 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 or ITUD. (7) In the event that SUB - RECIPIENT fails or refuses to comply with the undertaking, the CFfY, or HUD may take any or all of the following actions: cancel, terminate or suspend, in whole or in part, this grant, refrain from extending any further assistance to the SUB - RECIPIENT until satisfactory assurance of future compliance has been received; and refer the case to HUD for appropriate legal proceedings. Page 18 of 19 SUB - RECIPIENT: Well Child Center 620 Wing Street, Elgin, Illinois 60123 BY: Trisha Roth, Executive Director DATE: "b-'7 //;=- ATTEST: Page 19 of 19 AGENDAITEM: C MEETING DATE: November 14, 2012 ITEM: Sub- Recipient Agreement with Well Child Center for 2011 -2012 Community Development Block Grant ($64,700) OBJECTIVE: Provide federal grant funding for an Elgin -based not - for - profit organization providing unin- sured, at -risk children with primary and preventive pediatric dental care, childhood nutrition counseling and food assistance in the Elgin community. RECOMMENDATION: Approve the Program Year 2011 -2012 Community Development Block Grant Sub - Recipient Agreement with Well Child Center in the amount of $64,700 for site improvements to the northern parking lot of the facility at 620 Wing Street in Elgin. BACKGROUND In May 2011, city council allocated just over $374,000 in Community Development Block Grant (CDBG) funds to seven projects. CDBG funds come from the federal government, which uses a population and community need -based formula to distribute money to local communities to provide assistance to low and moderate income persons. The city has participated in the CDBG program since 1975, receiving over $25 million in financial assistance since that time. Founded in 1969, Well Child Center (Well Child), a not - for - profit organization, provides more than 7,000 uninsured children throughout the Elgin area, up to the age of 17, with primary and preventive pediatric dental care. Well Child is dedicated to improving the lives of children and families through education, counseling and services in the areas of childhood nutrition and pe- diatric dental health. Other services provided include vouchers for assistance in obtaining healthy food through the federal Women, Infants and Children (WIC) program and referrals to other health and social services, located within the building. Over 18,000 low- and moderate - income families visit the facility annually. Well Child coordinates its services with its other primary partners in the area including Greater Elgin Family Care Center, Aunt Martha's Youth Service Center, Salvation Army and Kane County Health Department. jAttachinent A EXECUTIVE SUMMARY The City of Elgin's 2011 -2012 Community Development Block Grant (CDBG) Program will receive $920,000 to assist Elgin's low- and moderate - income population. These funds will be used to address Elgin's priorities to rehabilitate affordable and special needs housing, assist public facilities, support emergency shelter facilities, and support community planning and capacity - building activities. On March 23, 2011, the Elgin City Council held the Final Public Hearing and approved nine projects for the 2011 -2012 Annual Action Plan (One Year Use of Funds). These projects assist the City's low- and moderate - income population, support the ability for individuals and families to become independent and self- sufficient, and promote the City's anti - poverty strategy. Additionally, the projects support the City of Elgin's Strategic Goals to promote a safe community for people, neighborhood vitality, economic growth, quality housing, and efficient services. The projects and budgets are as follows: 1. Residential Rehabilitation Grant Program - $470,955 2. CDBG Grant Administration - $75,000 3. Northern Illinois Food Bank - $75,000 4. Senior Services Associates - $42,500 S. PADS of Elgin - $50,000 6. Association for Individual Development - $53,935 7. Community Crisis Center - $42,850 8. Well Child Center - $64,700 9. Wayside Cross Ministries - $45,060 As specified by the Outcome Performance Measurement System required by the U.S. Department of Housing and Urban Development, Office of Community Planning and Development, each project is assigned an objective that describes the project purpose and the primary outcome that results from the project. Table 1 on the following page summarizes the goals of each activity selected for 2011 CDBG funding. The selected projects are consistent with the Kane County /City of Elgin Consortium 2010 -2014 Housing and Community Development Consolidated Plan. Four of the five plan priorities - Housing, Public Facilities, Homelessness and Planning and Capacity Building - will be pursued with 2011 CDBG Program funds. More specifically: Priority 1: Housing Preserve existing units throughout the area served by the Consortium. Residential Rehabilitation Grant Program - $470,955 I • PADS of Elgin - $50,000 • Wayside Cross Ministries - $45,060 Priority 5: Planning and Capacity Building Support community planning activities that effectively use and leverage resources. CDBG Grant Administration - $75,000 In addition to undertaking 2011 -2012 CDBG projects, Elgin will be pursuing the completion of several carryover projects in the upcoming program year. The City of Elgin has been working effectively with sub - recipients to complete outstanding projects. All following projects are currently underway or nearing completion: Housing Authority of Elgin Elevator Renovation Project has recently submitted for final payout and the paperwork is being processed. The Ecker Center Elevator Renovation Project has recently submitted for final payout and the paperwork is being processed. The Community Crisis Center Tuckpointing Project is currently in the bid stage. Construction is set to begin May 1, 2011. The grant of $40,000 should be completely drawn down and all funds expended by October 31, 2011. Association for Individual Development Group Homes Project is currently in bid stage. Construction is set to begin May 1, 2011. The grant of $39,243 should be completed this fall with all funds expended by December 1, 2011. • The Community Crisis Center Interior Remodel Project is currently waiting for the agreements to be approved by the city council. Bidding will commence in April, 2011. Construction should begin this fall. The grant of $36,850 should be completed towards the end of the year with all funds expended by January 2012. • Ecker Center Retaining Wall Project is currently waiting for the agreements to be approved by the city council. Bidding will commence in April, 2011. Construction should begin this fall. The grant of $30,838 should be completed towards the end of the year with all funds expended by January 2012. • The YWCA Roof Replacement Project is 85 percent drawn down. The contractor is waiting for the weather to clear before completing the final phase, adding a white coating to improve energy efficiency. The work is expected to be completed this spring. The final payment of $8,550 will be expended by May 2011. • NHS of the Fox Valley Foreclosure Prevention Counseling Project has recently submitted for final payout and the paperwork is being processed. • City of Elgin expended approximately $383,225 in 2009 for the Residential Rehabilitation Grant Program, funding the rehabilitation of residential properties within its jurisdiction. This money helped 46 homeowners rehabilitate their existing homes. In 2010, the City of Elgin expended approximately $844,618 for the rehabilitation of residential properties within its jurisdiction. This money helped 102 homeowners rehabilitate their 3 iAttUcilf?``ent B II� 4 _UM7 .I Ni THE CITY IN THE SUBUR55 .Tune 29, 2012 Mr. Ray E. Willis CPD Director U.S. Department of Housing and Urban Development Community Planning and Development 77 West Jackson Blvd. Chicago, IL 60604 -3507 Subject: Substantial Amendment — Annual Action Plan Fiscal Year 2011-2012 City of Elgin, IL Dear Mr. Willis: Mayor David J. Kaptain City Council Richard'Dunne Robert Gilliam Anna C. Moeller Tian S. Powell John Prigge F. John Steffen City Manager Sean R. Stegall The City of Elgin is requesting an amendment to its 2011 -2012 Annual Action Plan. The city received $769,123.00 in program funds from the U.S. Deparment of Housing and Urban Development (HUD), for the 2011 -2012 CDBG program year, which amounted to a 16.5 percent_ reduction from the initial program estimate. The reduction in funds requires that the annual action plan be amended. The amendment to the annual action plan requires the city to notify the public of a 30 -day review period to provide an opportunity to comment on the amended plan. The 30 -day public review and comment period for the proposed amendment to the 2011 -2012 Community Development Block Grant Program began on March 28, 2012 and ended on April 26, 2012. The city did not receive any comments on the revised annual action plan during the 30 -day public comment period. To accommodate the reduction in program funds, the following approved project has been amended: Project Name: Residential Rehabilitation Grant Program Project Description: Provide grants for the rehabilitation of housing owned andor occupied by low- and moderate- income families. Proposed Amendment: Amend the 2011 -2012 Annual Action Plan to authorize the CDBG allocation for the Residential Rehabilitation Program provided under the Community Development Block Grant. 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PUBLIC NOTICE ELGIN WWlk`"` °°g' CITY OF ELGIN COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AMENDMENTTO THE 2011 -2012 ANNUAL ACTION PLAN The City o` Elgin is proposing to ammtl the 2011-2012 Annual Action Plan. The city received $769,123.00 in program funds from the U.S. Depa r mem, of Housing and Urban Development (HUD), for the 2011- 2012 CDBG program year, which amodrlteeJ to a 16.5 percent reduciio^ from the Initial program estimate. Tire reduction in Most request that the annual action plan be amended. The amendment to the annual action plan requires the city to nqC me Output of a 30-day review period to proves an opportdenty to wmment on the owing ap plate To accomrtPropw the to amain program funds, the foeawing approved pro;ecti is proposeKJ to loo amended: Project Nam' Residential then al>ilita5on Gant Program Project Description: Provide grants f« the rehabilitation of housing, owned anNw alveolar by low- and motleratrrincwne famllles. proposed Amentlrraent Amend the 2011-2012 Annual Action Plar to authorize the CD8G aroos9on forthe Resitlential Renahilttatlon Progrzm proveea under the Community Development Block, Gant. Thu fvntls will provide grants to assist low and motleale income home owners m rehabilitation the extenor of fhe;r homes. - t.ndin:ac cudv.I c Previous Funding Amount $$320,05 Amended Funding Amount $320,018 T8e 30 -day, same ravlew and comment period foe the proposed amendment to the 2011 -2012 Condeaddty Development Brook Grant Program begun Adarch 26, 2012 And ends April 26, 2012. Ali comments' must be received by the City of Elglo's CAinmllnlold Development Department before the antl of the 30day comment period. Gommen5 may be MOm,R ed in ending, by e -mail ar by phone dung till review period to City of Elgin community Darvelopmeent Depal`nen!. ISO Deer CC't Elgin Illinois, 60120 Ann: Denise Mornait AS oc ate Planner(847) Sal 6103,m od tlticVWielgin ore The city of Elgin is subject to the rOqLllreMenIS of tree Americans Win D cab Otes Act of 1 9D Indmidnoldr with draddentlea ANO oho to attend fired ^teat g end YIhC tarMle Center accMenCdato S 'in ont to allow them to oweave aMhdba partmedone in the tiorting or who 'nave questions regarding Into accessibility of the Crectudem or me facilities are request d 20 cnr3act the AJA oadlrwtor fit 847) 231-5620 or TDD (847) 231 5616 promptly to allow the City o Elgin to make reasonable accommodationsfor those persona. To INdfaw in pa, barely Attachrnent C To n U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Chu.ag o Rogional Office ., .,_,.,,w 77W. Jackson - Blvd........ _. Chicago, Manois 606043507 01F;Cl (' CUMMUN Il UI,ANNIh�C b F k;L'.)PNicn"C AUG 2z 1 97012 I-,lonorable David J. Kaptain Mayor, City of Agin ATTN: Amy (Munro, Historic Preservation & Grants Planner 150 Dexter Court i:Igin, IL 0i 20 Dear Ulayoi Kaptain: SUBJECT: Substantial Amendment - Annual Action Plan Fiscal Year 2011-2012 City of Elgin, IL AUG 21 2012 The HUD Office of Community Planning and Development (CPD) acknowledge the letter and several documents regarding the Amended City of Elgin's Annual Action Plan (AAP) for Fiscal Year (FY) 2011 -2012. The Substantial Amendment was necessary to incorporate supplemental information because of a 16.5 percent reduction from the initial program estimate. According to the City's citizen participation plan a substantial amendment is necessary because the reduction in funds requires- that the Annual Action PIan be amended. The Amendment has been determined to be substantial in accordance with the regulatory guidelines as stipulated in 24 CFR 91.505 Amendments to the Consolidated Plan (a1 Amendments to the plan. The jurisdiction shall amend its approved plan wheneveo.. (1) To make a change in the cdloculionprioriiias.,.(2) To curn,y alit cue activily._notpi eviausly described in the acllonplan,_(3J To chan;e the purpose, scope or location._ (b) Criterza for substcsnticrl amen rnent. The jvrisd0ion shall u hot constitutes a subseannal anxndinew... City staff has identified changes that need to be made to the Community Development Block Grant (CDBG) Program referenced in the Fiscal Year 2011 -2012 Annual Action Plan. Changes were required in the FY 2011-2012 Annual Action Plan to more accurately reflect the programs and funding amounts that are addressed in the plan and to ensure that carryover funding is expended in a timely manner. It has also been emphasized that the proposed amendrnents to the Annual Action Plan ii) ill not change the total ainowit o1 fercling available but only rechocalos CDRG fi+nds in (lccordan ^e with the a@anges since 2011. lln) acknowledges the City's amendment. AGREEMENT BETWEEN THE CITY OF ELGIN AND WELL CHILD CENTER, INC. This AGREEMENT is entered into as of the day of 20125 by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter called "GRANTEE" or "CITY ") and the WELL CHILD CENTER, 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 620 Wing Street, Elgin, Illinois 60123. RECITALS A. CITY has applied for Community Development Block Grant funds (hereinafter referred to as "CDBG funds ") from the United States Department of Housing and Urban Development (hereinafter called "HUD ") as provided by the Housing and Community Development Act of 1974, as amended (P.L. 93 -383) (hereinafter called "ACT "). 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. 11. 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 15, 2010, submitted by the SUB - RECIPIENT entitled "Phase -Two Site Improvements Project" 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) 2011 -2012. All funding provided to SUB - RECIPIENT shall be used solely to make site improvements to the north parking lot, of the Well Child Center's facility at 620 Wing Street, Elgin, Illinois,. About 18,000 low and moderate- income Elgin families will benefit from the Center's program in its 2011 -2012 fiscal year, The subject building will serve 100 percent low and moderate income persons as defined by 24 CFR 570.208 (a) (2) (i) (A). Such funding shall be used only for (i) the exterior lighting improvement to help illuminate the parking lot; (it) resurface of the parking lot including signage and markings, to create safe passage for both pedestrian and vehicles; (iii) new perimeter landscaping and fencing; (iv) a security system, 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: Page I of 19 report shall be submitted until the completion of the project or until directed to discontinue such reports in writing by the CITY. 2. Quarterly progress reports shall be due on the lot" day of the month following, the end of the quarter, for the previous quarter's activities. 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 quarter (by race, income, and the number of female headed households). F. Request for Payment 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 trait prices for each item. 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. 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 the CITY without the required documentation. if. 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 SU'B- 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 this 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 this 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 the CITY. Page 3 of 19 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: 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 HUD 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. 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 I -latch Act. H. SUB - RECIPIENT shall maintain records to show actual time devoted and costs incurred, in relation to the PROJECT, and shall prepare and submit quarterly progress reports which describe the work already performed and anticipated during the remaining time of the PROJECT. Upon fifteen (15) days notice from the CITY, originals or certified copies of all time sheets, billings, and other documentation used in the preparation of said progress reports shall be made available for inspection, copying, or auditing by the CITY at any time during normal business hours, at 150 Dexter Court, Elgin, Illinois. SUB - RECIPIENT shall adopt the audit requirements of the Office of Management and Budget (hereinafter "OMB ") Circular A -133, "Audits of Institutions of Higher Learning and Other Non -Profit Institutions." SUB - RECIPIENT shall submit to the CITY one copy of said audit report. SUB - RECIPIENT shall permit the authorized representatives of the CITY, HUD and the Comptroller General of the United States to inspect and audit all data and reports of the SUB - RECIPIENT relating to its performance under this Agreement. Page 5 of 19 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; 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 ILB, incurred by SUB - RECIPIENT under this Agreement. VIII. ADMINISTRATION AND REPORTING REQUIREMENTS Page 7 of 19 Resolution No. 12 -192 RESOLUTION AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT SUB - RECIPIENT AGREEMENT WITH WELL CHILD CENTER, INC. FOR NORTH PARKING LOT SITE IMPROVEMENTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a community development block grant sub - recipient agreement on behalf of the City of Elgin with Well Child Center, Inc. for north parking lot site improvements, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: December 14, 2012 Adopted: December 14, 2012 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk AGREEMENT BETWEEN THE CITY OF ELGIN AND WELh CHILD CENTER, INC. This AGREEMENT is entered into as of the 14th_ day of December , 2012, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter called "GRANTEE' or "CITY ") and the WELL CHILD CENTER, INC., anot- for -profit corporation incorporated pursuant to the laws of the State of Illinois, (hereinafter called "SUB- RECIPIENT ") having a principal place of business at 620 Wing Street, Elgin, Illinois 60123. RECITALS A. CITY has applied for Community Development Block Grant funds (hereinafter referred to as "CDBG funds ") from the United States Department of Housing and Urban Development (hereinafter called "HUD ") as provided by the Housing and Community Development Act of 1974, as amended (P.L. 93 -383) (hereinafter called "ACT'). B. CITY has considered and approved the application of SUB-RECIPIENT for CDBG funds allotted to CITY for distribution to SUB - RECIPIENT. C. The CITY and SUB - RECIPIENT enter into this Agreement pursuant to their respective powers to enter into such agreements, as those powers are defined in the Illinois Constitution and applicable statutes. II. SCOPE OF THE PROJECT A. SUB - RECIPIENT hereby agrees to perform, in a timely fashion, the activities provided for herein, and those previously defined in the application and project description dated December 15, 2010, submitted by the SUB - RECIPIENT entitled "Phase -Two Site Improvements Project" 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) 2011 -2012. B. All funding provided to SUB - RECIPIENT shall be used solely to make site improvements to the north parking lot, of the Well Child Center's facility at 620 Wing Street, Elgin, Illinois. About 18,000 low and moderate - income Elgin families will benefit from the Center's program in its 2011 -2012 fiscal year. The subject building will serve 100 percent low and moderate income persons as defined by 24 CFR 570.208 (a) (2) (i) (A). Such funding shall be used only for (i) the exterior fighting improvement to help illuminate the parking lot; (ii) resurface of the parking lot including signage and markings, to create safe passage for both pedestrian and vehicles; (iii) new perimeter landscaping and fencing; (iv) a security system, 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 CPR 85: Page 1 of 19 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 local 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 I" x 3" space in the Dodge Construction News Classified Section specifically inviting Minority Business Lmity/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: 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. 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. Quarterly Progress Reports The SUB - RECIPIENT shall provide a Quarterly Progress Report to the CITY each quarter, reporting on the status of the PROJECT in relation to the Project Implementation Schedule. The quarterly progress reports shall begin upon the signing of this Agreement, and be based on the CDBG program year, beginning on June 1" and ending on May 31" of the following year. The quarterly progress Page 2 of 19 report shall be submitted until the completion of the project or until directed to discontinue such reports in writing by the CITY. 2. Quarterly progress reports shall be due on the 10`x' day of the month following, the end of the quarter, for the previous quarter's activities. 3. 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 quarter (by race, income, and the number of female headed households). 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- RECIPENT (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. 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 the CITY without the required documentation. H. 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 this 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 this 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 the CITY. Page 3 of 19 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 $64,700 (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. 154753 and Account No. 230- 0000 - 791.93 -36 in the amount of $64,700, which identifying numbers shall be used by SUB - RECIPIENT on all payment requests. C. In the event the services identified in Section B, 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 Well Child Center, 620 Wing 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 project 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 fife of the facility improvements. The ten -year compliance period shall begin on the commencement date of this Agreement. This provision shalt not be construed as limiting the CITY from asserting any claims against the Well Child Center, for the breach of any other terms of this Agreement. D. Upon project completion as specified in Section 11, 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 percent of the persons served on an annual basis shall be at or below 80 percent 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 percent threshold shall require SUB- RECIPIENT to reimburse the CITY for funds expended, in whole or in part, for project 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 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 Page 4 of 19 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 MUD 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. E. 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 quarterly progress reports which describe the work already performed and anticipated during the remaining time of the PROJECT. Upon fifteen (15) days notice from the CITY, originals or certified copies of all time sheets, billings, and other documentation used in the preparation of said progress reports shall be made available for inspection, copying, or auditing by the CITTY 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 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, IIUD 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 this Agreement. Page 5 of 19 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. Without limiting the foregoing, the SUB - RECIPIENT shall comply with the regulations, policies, guidelines and requirements set forth in Exhibit B, attached hereto and incorporated herein by this reference. 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 CPR 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 AUTHORIZA'T'ION 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 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: Page 6 of 19 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; 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 It. For final payment, certification that the work has been performed in 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 I1.13, incurred by SUB - RECIPIENT under this Agreement. VIII. ADMINISTRATION AND REPORTING REQUIREMENTS Page 7 of 19 A. SUB - RECIPIENT shall administer the Grant Funds in conformance with the regulations, policies, guidelines and requirements of OMB Circular numbers A -110, A -122, and A- 133, as they relate to the acceptance and use of federal funds for the PROJECT. B. SUB- RECIPIENT shall submit all required information to show compliance with applicable laws, rules and regulations, as specified in this Agreement and shall submit to CITY a quarterly progress report no later than the 10th 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 this 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 reason stated herein above 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 Page 8 of 19 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 SUS - RECIPIENT shall immediately notify the other party, in writing, providing the full details of the alleged violation. To the extent that any such matter is not subject to exclusive federal jurisdiction, venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this Agreement between the CITY and SUB - RECIPIENT shall be in the Circuit Court of Kane County, Illinois. D. In addition to any 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 Page 9 of 19 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. Actions Date 1. Prepare Bid Specification January 31, 2013 1 Bids Solicited March 1, 2013 3. Select Contractor May 1, 2013 4, Construction Begins June 1, 2013 5. Construction Completed December 1, 2013 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. CPl'Y's Community Development Director shall consider any such request and shall make a recommendation to CITY's City Council as to whether in his sole discretion he considers such an extension to be reasonable and necessary, under the totality of circumstances to be required for completion of the PROJECT due to the particular circumstances. The CITY's City Council shall act upon the extension request and recommendation of the Community Development Director and notify the SUB - RECIPIENT whether the time extension is granted or denied, and the CITY's intention to exercise the remedies available herein, including but not limited to suspension of further payments. A revised implementation schedule shall be submitted by SUB - RECIPIENT if an extension is granted by the CITY. XII. MISCELLANEOUS PROVISIONS A. AMENDMENTS - This Agreement constitutes the entire Agreement between the parties hereto. 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 Page 10 of 19 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 Sections V and 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 Dane County, Illinois. Page 11 of 19 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates recited below. CITY OF ELGIN, an Illinois Municipal Corporation DATE: ATTEST:ICi Kimberly E(ewis City Clerk SUB - RECIPIENT: Well Child Center 620 Wing Street, Elgin, Illinois 60123 BY: `T P'--t , ` ' )Q0 4 Trisha Roth Executive Director DATE: // L7 4aa ATTEST: Page 12 of 19 EXHIBIT A SUB - RECIPIENT'S CDBG APPLICATION Page 13 of 19 Organization Name: Project Name: Project Address: Exec Director Name: Address: Telephone #: PROPOSAL APPLICATION FOR CDBG FUNDING: THE COMMUNITY DEVELOPMENT BLOCK GRANT (CI ENTITLEMENT PROGRAM 4 FISCAL YEAR 2011 JUNE 1, 2011 THROUGH MAY 31, 2012 Phase -Two Site Improvements Project, Well Child Center 620 Wine Street, Elgin, Illinois 60123 620 Wing Street, Elgin Illinois 60123 (847) 930 -6709 Fax #: (847) 741 -2413 D Email Address: troth@wellchildcenter.org Website (if applicable): www.wellchildcenter.org Employer (IRS) ID #: 23- 7348349 1 DUNS #: 097270243 Contact Name: Trisha Roth Title: Executive Director Contact Telephone #: 847 -930 -6709 Fax #: 847 -741 -2413 Contact Email: trothgwellchildcenter.ora Website (if applicable): www.wellchildcenter.ore CDBG Funds Requested 564,700 Funding Leveraged from other Sources $ *We are currently applying for Riverboat and Kane County Block Grants as well as fundraising from private sources. Check the category, which describes the type of funding, requested: Housing FX Public Facility ❑ infrastructure ❑ Economic Development FX] Public Service ❑ Other BRIEF PROJECT DESCRIPTION: Please provide a one- sentence statement about your ra aiect —not your organization. We are requesting $64,700 to make the north parking lot of the Well Child Center facility safe for the 18,000 low and moderate income families who use the building. City of Elgin CDBG Application FY 2011 Application Page 15 CONSTRUCTION PROJECTS ONLY Public Improvements /Construction Activity Application Form Project Name /Title: Phase -Two Site Improvements Project, Well Child Center Agency Name: Well Child Center Agency Address: 620 Wing Street City: Elgin State: Illinois Zip: 60123 1. Project Description (Attach additional sheets as necessary.) a. Provide a detailed description of the facilities to be provided or improved. Identify major components of proposed work and state estimated quantities: Well Child Center plans to address the safety of our larger north parking lot at our widely - utilized health and social services center. • Exterior fighting will be improved to help illuminate our parking lot making it safer for our clients. • Resurfacing (including signage and markings) willif create safe passage for both pedestrians and cars. • The lack of formal perimiter landscaping attracts blight and security problems. We will address this by introducing new perimeter landscaping and a chain link security fence. • A security system will be installed to help further protect our clients while entering and exiting our building. See Attached. b. Indicate the primary function of the facilities to be provided or improved: The building serves 18,000 people annually through services provided by: Well Child Center (provides pediatric dental care and nutrition counseling and food assistance), Visiting Nurses Association of Fox Valley (VNA) (provides medical care to all ages), Aunt Martha's Youth Care Services (provides mental health services`, and Community Contacts (provides energy assistance to families). The north lot provides parking for al/ clients who use the health and social services in the building. The services are offered for low- and moderate - income families and uninsured, at -risk children in the Elgin community. c. Readiness to Proceed: ^� (i) Do you have an architect /engineer under contract? if so provide name. X Yes n No � Falco Architects (ii) Do you have preliminary plans /drawings completed (if so, attach)? C Yes X No (ii) Do you have project cost estimates completed (if so attach)? X Yes ❑ No (using Davis Bacon Wage Rate and Labor Standards) iPlease note that any costs incurred prior to the award and environmental review process cannot be ! reimbursed to the applicant. City of Elgin CDBG Application FY 2011 Application Page 16 e. Provide evidence of site control. Copy of the deed. If property is not owned provide a copy of the lease. Agreement and letter from owner approving proposed work. CONS RUCTION PROJECTS ONLY 2. Project Jett Location: ( Well Child Center a. Project Address /Locatiom (include photographs) 620 Wing Street, Elgin, Illinois 60123 Census Tract(s): 8510 Block Group(s): 2 b. Indicate if the project is located in, or will have any impact on, the following: ( Please indicate Yes or No) (1) National Register Historic District (ii) Designated Wetlands Area (iii) Land Use /Zoning Change ❑ Yes X No ❑ Yes X No ❑ Yes X No If yes, explain: I I If yes, explain: i if yes, explain: (iv) Environmental Hazards Q Yes X No If yes, explain: c. Provide a time line Construction Bid Period: Status: Fund Raising the project and current status of project progression: Start Date: June 2011 Completion Date: August2011 3. Project Benefit: (Attach additional sheets as necessary.) a. Describe the existing problems or conditions to be corrected by the proposed activity. Identify the persons affected by these conditions. Explain how the project benefits low and moderate income people. The benefit of the project will be a safer parking lot for the 18,000 low and moderate income clients who use the services offered within our building. See attached. City of Elgin CDBG Application FY 2011 Application Page 17 1 b. Describe in quantifiable terms the goals to be achieved by your project during the proposed funding period, and how the recipients of your services will be benefited or changed. The goal of the project is to make the parking lot safe for clients of the Well Child Center facility. This includes improving the lighting, resurfacing (including signage and markings), landscaping to eliminate blight, and installing a closed- circuit video recording system. The project will eliminate the unsafe conditions that j currently exist. i i I COINSTtUCClL' N P@'03EC S Q'N Y Project Budget Our project has been divided into independent phases. These phases are ready to move forward separately as each becomes funded. Please review the attached Engineer's Estimate of Probable Costs for our submitted phased project. City of Elgin CDBG Application FY 2011 Application, Page 18 ACZiv7 COSGG fUnda t3THEi? -N ©M- Y9T4iER fiEDERAL F DERALfUNDS FUNDS`. TOTAL Acquisition costs = Land Existing structures Other acquisition costs Site Work (not in construction contract) Demolition /clearance $2,000.00 $2,000.00 Other site costs 1 $937Z01 $937.50 Construction/Project improvement Costs New Construction $0,00 Rehabilitation $55,844.50 $55,844.50 Performance bond premium $0.00 Construction contingency $5,878.25 $5,878.25 Other $0.00 Architectural and Engineering Architect Fees $0.00 Engineering fees $0.00 Other A & E fees 1 $5,000.001 $5,000.00 Other Owner Costa' -. Appraisal fees $0.00 Survey $0.00 Soil boring /environmental /LBP evaluation $0.00 Tap fees and impact fees $0.00 Permitting fees $0.00 Legal fees $0.00 Other .$0.00 Miscellaneous Costs Developer fees $0.00 Project reserves $0.00 Relocation costs $0.00 Project'Admin'S management Costs Marketing /management $0.00 Operating $0.00 Taxes $0.00 Insurance $0.00 Other $0.00 TOTAL $69.660.25 $O.pO $0.00 $69.660.25 "The line items in column A are a guide. Items may be added or deleted depending on the type of project. CONSTGR &3��,`1'ION ? "ROit US ONLY 1. Construction Procurement Guidelines for private non - profit construction projects All construction contracts in excess of $2,000 will be subject to federal Davis -Bacon Wage Rates and Labor Standards provisions. A schedule of current prevailing wage rates and fringe benefits is available at the Illinois Department of Labor at www. state. 11. us\agency\idol\ rates\evenmo\kane9999.htm . City of Elgin CDBG Application FY 2011 Application Page 19 $25,000 - $99,999 Projects over $25,000 require Newspaper Advertisement Public Solicitation of Contractor Bids in Elgin Standard Times. Federal requirements for Davis -Bacon and Minority and Women Business Enterprise Participation (MBE /WBE) compliance will be applicable. Federal Section 3 and City of Elgin Minority Workforce Requirements are not applicable for contracts under $100,000. The lowest qualified bid representing the complete scope of work from a QUALIFIED CONTRACTOR will be considered. $100,000+ Projects over $100,000 require Newspaper Advertisement Public Solicitation of Contractor Bids in Elgin Standard Times. Federal requirements for Davis -Bacon and Minority and Women Business Enterprise Participation (MBE /WBE) compliance will be applicable. Federal Section 3 and City of Elgin Minority Workforce Requirements will be applicable for contracts over $100,000. Bond Requirement —100% Payment and Performance Bonds. The lowest qualified bid representing the complete scope of work from a QUALIFIED CONTRACTOR will be considered. City of Elgin CDBG Application FY 2011 Application Page 20 "ff7;fi X47MR CiIfflTii f#ii r A. This project is located in 8510.2 Census Tract(s) (identify tract by number) (website - Factfinder.census.gov) B. This project meets at least ONE of the HUD national objectives listed below (please check all applicable; discussion and definitions available on page 6 of the pocket): X 1. Benefits low /moderate income individuals /households X 2. Addresses the prevention or elimination of slums or blight 3. Meets a particularly urgent community development need. C. Check all statements that describe HOW this project or activity meets one of the National Objectives above: ❑ LIM Area Benefit: the project meets the identified needs of L/M income persons residing in an area where at least 51% of those residents are L/M income persons. The benefits of this type of activity are available to all persons in the area regardless of income. Examples: street improvements, water /sewer lines, neighborhood facilities, facade improvements in neighborhood commercial districts. Z LIM Limited Clientele: the project benefits a specific group the residents in a particular area), at least 51% of whom are following groups are presumed to be L /M: abused children, spouses, homeless, handicapped, illiterate persons. Exar senior center, public services for the homeless, meals construction of job training facilities for the handicapped. of people (rather than all L/M income persons. The elderly persons, battered nples: construction of a on wheels for elderly, ❑ LIM Housing: the project adds or improves permanent residential structures that will be occupied by L/M income households upon completion. Housing can be either owner or renter occupied units in either one family or multi- family structures. Rental units for L/M income persons must be occupied at affordable rents. Examples: acquisition of property for permanent housing, rehabilitation of permanent housing, conversion of non - residential structures into permanent housing. ❑ LIM Jobs: the project creates or retains permanent jobs, at least 51% of which are taken by L/M income persons or considered to be available to L/M income persons. Examples: loans to pay for the expansion of a factory, assistance to a business which has publicly announced its intention to close w /resultant loss of jobs, a majority of which are held by L/M persons. ❑ MicroEnterprise Assistance: the project assists in the establishment of a microenterprise or assists persons developing a microenterprise. (A microenterprise is defined as having five or fewer employees, one or more of whom owns the business.) This activity must benefit low /moderate income persons, area or jobs as defined in previous sections. NOTE: List is continued on the following page... City of Elgin CDBG Application FY 2011 Application Page 21 El Slum or Blighted Area: the project is in a designated slum /blight area and the result of this project addresses one or more of the conditions that qualified the area. Spot Blight: the project will prevent or eliminate specific conditions of blight or physical decay outside a slum area. Activities are limited to clearance, historic preservation, rehabilitation of buildings, but only to extent necessary to eliminate conditions detrimental to public health and safety. Examples: historic preservation of a public facility threatening public safety, demolition of a deteriorated, abandoned building. D. Project Category [check one): ❑ Acquisition of Real Property ❑ Disposition of Real Properly X Public Facilities and Improvements (e.g., homeless shelter, water and sewer facilities, flood and drainage improvements, fire protection facilities /equipment, community, senior and health centers, parking, streets, curbs, gutters and sidewalks, parks and playgrounds.) ❑ Privately -Owned Utilities ❑ Public Service (i.e., a new service or an increase in the level of a service) ❑ Relocation Payments and Assistance to Displaced Persons ❑ Removal of Architectural Barriers, Handicapped Accessibility ❑ Housing Rehabilitation ❑ Historic Preservation ❑ Commercial or Industrial Rehabilitation, including facade improvements and correction of code violations. ❑ Special Economic Development or assistance to micro - enterprises. City of Elgin CDBG Application FY 2011 Application Page 22 3. IMPACT ON APPLICABLE GOALS, NEEDS, AND OBJECTIVES The Five -Year Consolidated Plan identifies both priority needs in the community and strategies to address these needs. The need for your proposed project will be determined by identifying how the project impacts upon the adopted Consolidated Plan Priority Needs. Therefore, applications should provide a clear explanation of how the project impacts upon the adopted Consolidated Plan Priority Needs. Greater consideration will be given to projects that provide a clear description of the project with supporting data and methodology of how the project will meet the Consolidated Plan Priority Needs. Our project requests funding to improve the dilapidated condition of the north parking lot at our Well Child Center facility for the safety of the 18,000 LMI clients from the Elgin area who utilize the health and social services housed within the building. The project directly improves a facility from which 18,000 LMI clients receive medical, dental and social services, the public facilities priority #3. Our plan is to provide updated lighting, resurfacing, landscaping, and surveillance equipment. If funded, the project will begin in June 2011 and will be completed in August 2011. Well Child Center lacks the resources to complete this project on its own. Please identify the category and activity applicable to your proposal, using that table as your guide: Example: �7 ,Public Services Activity: Youth Transportation ❑ Homelessness Activity ❑ Infrastructure Activity, ❑ Affordable Housing Activity X Public Facilities Activity. Safe parking for building housing human services organizations ❑ Planning & Capacity Building Activity The City of Elgin has identified ten strategic goals to reflect the City's ongoing commitment to the community. Greater consideration will be given to projects that provide a clear description of the project with supporting data and methodology of how the project will meet the City's strategic goals. Reflecting the City's mission, our project dearly makes the community safer by improving the north parking lot at our Well Child Center facility which serves 18,000 LMI clients from the Elgin area. The current condition of the lot puts members of the community who utilize our health and social services at risk from vandalism, loiterers, deteriorated surfaces, and lack of lighting. To create a safe lot, our plan is to provide updated lighting, resurfacing, landscaping (for concealment from vandals and loitering), and surveillance equipment. If funded, the project will begin in June 2011 and will be completed in August 2011. Please identify ALL the categories applicable to your proposal: X A Safe Community • Neighborhood Vitality • Economic Growth and Diversified Tax Base • Recreational, Leisure and Cultural Opportunities for all Citizens ❑ Quality Housing ❑ River as a Resource • Alive Downtown • Financially Stable City Government ❑ Customer Service ❑ Diverse Management Staff City of Elgin CDBG Application FY 2011 Application Page 23 PROPOSED PROJECT ACCOMPLISHMENTS Please briefly describe proposed accomplishment(s) if funding is awarded: (Accomplishments must be described in terms of households served, people served, businesses created, housing units created jobs created or public facilities undertaken. Example: This program will serve 485 LMI individuals, this program will create 25 jobs, etc.) PROPOSED ACCOMPLISHMENTS: This project will make the parking lot safe for 18,000 LMI clients who utilize health and social services in the Well Child Center facility. Please answer the following questions: A. What is the total estimated number of persons to be served by this project? 18'000 B. What is the total estimated number of LMI persons to be served by this project? 8,000 C. What is the anticipated percentage of LMI persons to be served by this project? 300% 4. ACTIVITY DESCRIPTION: Please answer the following questions in the space provided. A. Provide a detailed description of the proposed activity including how the activity will address the community need you have indicated. Identify whether the activity is new, ongoing, or expanded from previous years. By making our parking lot safe for our 18,000 clients, we impact the City's goal to provide a safe community. Our parking lot has seen some incidences of vandalism. Theft from cars or damage to cars takes a financial and emotional toll on its victim. in addition, costs are incurred by the City, police resources, and court expenditures. The renovated lot would demonstrate best practices in keeping our community safe. B. Identify who will benefit from the proposed activity (e.g. homeless, youth, seniors, disabled, et cetera). If designed to benefit persons of L/M income, describe the process you will use to identify these persons and ensure that the activity meets this objective. (An LMI certification form is included in the RFP Packet). The project will benefit the 18,000 low to moderate income families who use the Well Child Center facility. The families served by Well Child Center and its collaborative partners in the building are living at or below 185% of the federal poverty level. The federal government has designated the geographic area served by the building as a Medically Underserved Area (MUA). A Medically Underserved Area is defined as one where more than 49% of the families in the area are uninsured or uninsurable. Our local school district (U -46) reports that 68.6% of the children residing in Elgin and South Elgin receive free /reduced cost lunches. In addition, we collect and maintain data through client records, patient charts and data management software. City of Elgin CDBG Application FY 2011 Application Page 24 C. Identify the accomplishments you intend to achieve with this activity. Provide an activity timeframe /schedule (include start, completion dates, and other significant stages). Well Child Center intends to make the parking lot safer for the 18,000 low to moderate income clients who use the Well Child Center facility. We plan to accomplish this project by improving the lighting, resurfacing and landscaping the lot, and installing a video device. We will begin renovation of the lot in June 2011 and complete the project by August 2011. 5, ORGANIZATIONAL CAPACITY Please answer the following questions in the space provided. A. Provide an overview of your organization including length of time in existence. Attach a list of current officers and board members with terms. Well Child Center was founded in 1969 in the basement of a local church, where a group of caring Elgin citizens came together with the goal of providing uninsured children with immunizations and preventive medical care. For forty years, Well Child Center has been a leader in the provision of health and social services for low- and moderate- income families and uninsured, at -risk children in the Elgin community. In 2000, the organization purchased a 23,500 square -foot building located at 620 Wing Street in Elgin. With funding from charitable foundations and private donations, the former factory building, now known as the Well Child Center facility, was converted into a home for health and human services agencies. The objective of this collaborative association is to provide low- and moderate - income Elgin families with one- stop- shopping for the health and social services they need. The Well Child Center currently serves Elgin area families and children through two primary programs, both dedicated to the neediest children in our community. The Supplemental Nutrition Program for Women, Infants and Children (WIC) provides nutritional information and supplemental food to pregnant and postpartum women and to the parents of young children, ensuring that children stay healthy and that families understand the need for good nutrition. The Pediatric Dental Program serves children who would otherwise not be seen by a dentist due to their families' financial limitations. Other services housed in the Well Child Center's building include medical services (for both children and adults), mental health services, and energy /utilities assistance. B. Describe your organization's experience in successfully conducting this type of activity. Identify any skills, current services, or special accomplishments that demonstrate your capacity for success. While the building serves over 18,000 people annually, Well Child Center provides care to about 100 of Elgin's neediest families per day. Founded in 1969, our organization has grown in scope from delivering immunizations and preventative medical care to providing pediatric dental services and nutritional information and food assistance to women, infants and children. in 2000, we demonstrated the forethought to bring several health and social services agencies together in one building to create an easy way for clients to obtain necessary services. Well Child Center received a previous Community Development Block Grant and successfully accomplished the goals of the project within the scheduled timeframe. Today we look to make the parking lot safe for all clients using the building. City of Elgin CDBG Application FY 2011 Application Page 25 C. Identify the person(s) responsible for program and financial management of the activity. Identify all other persons involved in this activity noting whether these positions are current or new, pending this award. Trisha Roth — Executive Director, Well Child Center Ms. Roth has been with Well Child Center for 23 years, serving as the Assistant Executive Director and Coordinator of the WIC program before being promoted to Executive Director in 2005. Ms. Roth is responsible for developing, executing and managing the organization's strategic initiatives and financial objectives. Her leadership positioned Well Child Center to receive their first City of Elgin Community Development Block Grant, which they successfully implemented. Her resume is attached. Matt Falco -- Falco Architects Mr. Falco is a principal at Falco Architects, a young energetic architecture practice established in 2006. Mr. Falco will lead the project through each phase of the design. His firm was hired to complete the project funded by Well Child Center's previous City of Elgin Community Development Block Grant. D. Identify any other agencies /partners in this activity and define the roles and responsibilities of these partners. The Well Child Center facility serves 58,000 people annually through services provided by Well Child Center (provides pediatric dental care and nutrition counseling and food assistance), Visiting Nurses Association of Fox Valley (VNA) (provides medical care to all ages), Aunt Martha's Youth Care Services (provides mental health services), and Community Contacts (provides energy assistance to families). These agencies are tenants whose clients use the parking facility. E Demonstrate that the proposed activity is economically feasible and can be implemented in a timely cost effective manner within the proposed program year. Our project has been divided into independent phases. These phases are ready to move forward separately as each becomes funded. Please review the attached Engineer's Estimate of Probable Costs for our submitted phased project. City of Elgin CDBG Application FY 2011 Application Page 26 F. Oftentimes projects that receive an award of CDBG funding are actually awarded less than the amount originally requested. This requires the submission of a revised budget and a description of how it will carry out the proposed activity with reduced funding prior to the commitment of any funding. Please indicate here whether your proposed activity could be undertaken with a reduced commitment of funding and if so, please highlight how that would affect the scope of services you are proposing. Our project has been divided into independent phases. These phases are ready to move forward separately as each becomes funded. Please review the attached Engineer's Estimate of Probable Costs for our submitted phased project. Application Page 10 A -7 City of Elgin CDBG Application FY 2011 Application Page 27 6. FINANCIAL The City encourages CDBG funds to be utilized as gap funding. A gap is defined as the amount of funding necessary to run a program after all other funding sources have been identified, thus leveraging is very important in the application process. ACTIVITY BUDGET Please answer the following questions in the space provided. You may reference and attach an additional page if necessary. A. Complete the Budget Summary chart. More detailed budgets may be attached (and are strongly recommended) in support of the proposal. B. Identify sources of leveraged funding for this activity. Include the status of these funds (i.e. cash on hand, grants received, planned fund- raising, etc.). Attach copies of funding commitment letters or other evidence of funding support. C. Leverage— Consideration will be given to the amount of non -CDBG funds commit...., 111. ,....,�. BUDGET SUMMARY Category Breakdown ' CDBG Leveraged Funds Source of Total Funds Leveraged Funds Personnel i Contractual Services $64,700.00 we are currently $64,700.00 i (Specify) applying for Riverboat and Kane County Block Grants as well as fundraising from private sources. Rent &Utilities Communications Travel Other Specify: i r Total CDBG Request $64,700.00 Total tither Funds Grand Total $64,iao.00 City of Elgin CDBG Application FY 2011 Application Page 28 *NOTE: Please complete Budget Detail Chart on page 26 if personnel costs are included in your proposal. BUDGET DETAIL This section provides back -up for each line item shown in the Budget Summary Chart. Please make certain this detailed breakdown is consistent with the Program Budget. Round up to the nearest hundred, Please note: A job description for each person must be provided. A Note about the Staff /Salary Breakdown: Please show all proposed staff positions funded with CDBG funds that relate to the proposed activity. If multiple staff members have the same position /title, list separately (For example: Counselor 1, Counselor 2). Use an additional sheet if necessary. You must submit lob descriptions with your application for each gpsition title identified below. Example: Current $25,000 $5,000 $30,000 x 40% _ $12,000 Case manager x Is this a X = Annual Total % Time Spent on Total Position Position current or Annual Fringe Annual x this CDBG _ Cost Requested Title proposed Salary Benefits Salary Project /Program from CDBG position? Example: Current $25,000 $5,000 $30,000 x 40% _ $12,000 Case manager x X = A. Oftentimes projects that receive an award of CDBG funding are actually awarded less than the amount originally requested. This requires the submission of a revised budget and a description of how it will carry out the proposed activity with reduced funding prior to the commitment of any funding. Please indicate here whether your proposed activity could be undertaken with a reduced commitment of funding and if so, please highlight how that would affect the scope of services you are proposing. Our project has been divided into independent phases. These phases are ready to move forward separately as each becomes funded. Please review the attached Engineer's Estimate of Probable Costs for our submitted phased project. City of Elgin CDBG Application FY 2011 Application Page 29 MjW ; &3:f+1t*X4":31t�L+3 .A IIC*I ! In order for your application to be accepted, in addition to the application itself, your organization must submit the following items to the Office of Housing and Community Development no later than 5:00 PM an DECEMEBER 15, 2010. ❑ An original application with all questions completed along with one copy that is 3 -hole punched and clipped [not bound] of the completed application. fOniy the original must include the requested support documents such as the articles of incorporation and the current list of your Board of directors.) q The following attachments /certifications: (if you have not submitted an application in the last two years OR if the information has changed) • Articles of Incorporation • Current List of Board of Directors ❑ Certified Organization Audit /Financial Statements of most recent year a. Copy of OMB A -133 Audit (Required if $300,000 in aggregate Federal funds expended), or b. Financial statements audited by a CPA (only if not qualified for A -133), or C. Profit and Loss Statement for most recently completed fiscal year and General Ledger printout (only first time applicants or those who do not meet above criteria may submit) • IRS 501(c)(3) Designation Letter (Pending letters will not be accepted) • Current Fiscal Year Agency Budget, including all funding sources a� Job Descriptions per budget detail. a An Executed Statement of Applicant Form. 3 An Executed Signature Authorization Form. 4 Conflict of interest Disclosure Form. I hereby confirm that this packet contains all materials required. I! k, ghf Trisha Roth, Executive Director t Signature and Printed Name Authorized Signer City of Elgin CDBG Application FY 2011 Application Page 30 B. STATEMENT OF APPLICANT The undersigned acknowledges the following: 1. That, to the best of its knowledge and belief, all factual information provided is true and correct and all estimates are reasonable. required interview for project assessment and 2. That no revised proposals /applications may be made in connection with this application once the deadline for applications has passed. 3. That the City of Elgin may request or require changes in the information submitted, and may substitute its own figures, which it deems reasonable for any or all figures provided. That the applicant will participate in required interview for project assessment and cooperatively assist in the review process, 4. That, if the project(s) is recommended and approved by the Mayor and City Council, the City reserves the right to reduce and /or cancel the allocation if federal entitlements are cancelled, reduced, or rescinded. S. The City of Elgin reserves the right not to fund any submittals received. 6. By submission of this application, the organization agrees to abide by the federal regulations applicable to this program. 7. That, if the project(s) is funded, the organization agrees to abide by the City's focally established policies and guidelines 8. That past program and financial performance will be considered in reviewing this application. 9. That services are to be provided at no cost to citizens during the grant period. All program income (i.e: fees, repayments, foreclosures, etc.) must be remitted to the City. 10. That, if the project(s) is funded, the City or a designated agency may conduct an accounting system inspection to review internal controls, including procurement and uniform administrative procedures, prior to issuance of payments for projected expenditures. 11. That, if project(s) is funded, the City will perform an environmental review prior to the obligation of funds. 12. That, if a project is funded, a written agreement that includes a statement of work, records retention and reporting, program income procedures, local and federal requirements, circumstances that would trigger grant suspensions and terminations, and reversions of assets would be required between the organization and the City. 13. That a project's funding does not guarantee its continuation in subsequent action plans. 14. Provide written signatory authority from the organization's governing body indicating who can execute contracts and amendments on its behalf. Statement of Applicant continued on following page. City of Elgin CDBG Application FY 2011 Application Page 31 15. Agrees to abide by the City of Elgin's Conflict of Interest policy. Items of concern would include staff members serving on the Board of Directors, staff members' families serving on the Board of Directors, and other matters that may give the appearance of a conflict of interest. U.S. Code Title 18, Section 1001, provides that a fine of up to $10,000 or imprisonment for a period not to exceed five years, or both, shall be the penalty for willful misrepresentation and the making of false, fictitious statements, knowing same to be false. By signature below, the applicant acknowledges the above in its name on this 15th day of December, 2010. Well Child Center Name of Organization By. '✓?el?�v (Signature) Executive Director (Title) City of Elgin CDBG Application FY 2011 Application Page 32 Conflict of Interest The standards in OMB Circular A -110, Subpart C, provide that no employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by Federal funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when an employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in the firm selected for an award. The CDBG regulations at 24 CFR 570.611 and HOME regulations at 24 CFR 92.356 provide that no person who is an employee, agent, consultant, officer, or elected official or appointed official of the recipient or subrecipient that are receiving CDBG or HOME funds and (1) who exercises or has exercised any functions or responsibilities with respect to activities assisted with CDBG funds; or (2) who is in a position to participate in a decision- making process or gain inside information with regard to these activities, may obtain a financial interest from a CDBG- assisted or HOME - assisted activity, or have any interest in any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one (1) year thereafter. A disclosure of the nature of any perceived or actual conflict must be made prior to the execution of agreements utilizing CDBG or HOME. IF NO CONFLICT EXISTS, COMPLETE THE FOLLOWING: X I certify that no conflict of interest exists between the City of Elgin and (name of organization) Well Child Center. X I certify that no conflict of interest exists between the subcontractors of and (name of organization) Well Child Center-. IF A POTENTIAL CONFLICT EXISTS, COMPLETE THE FOLLOWING: ❑ I certify that a potential conflict of interest may exist between the City of Elgin and (name of organization) ❑ I certify that a potential conflict of interest may exist between (name of subcontractor) and (name of organization) Describe the nature of the conflict of interest below. Identify the individual, employment and the conflict or potential conflict, and their affiliation with your organization. Signature of Authorized Agency Official Date ' Trisha Roth Executive Directo j 6} Typed Name and Title City of Elgin CDBG Application FY 2010 instructions Page 27 C. SIGNATURE AUTHORIZATION FORM The Board of Directors of Well Child Center does hereby resolve that on December 15, 2010 the Board reviewed the Application for Community Development Block Grant Funds to be submitted to the City of Elgin Community Development Department for funding consideration for the fiscal year 2011 and in a proper motion and vote approved this application for submission. The Board further certifies that the organization making this application has complied with all applicable laws and regulations pertaining to the application and is a non - profit organization, tax - exempt and incorporated in the State of Illinois. Well Child Center hereby proposes to provide the services or project identified in the Scope of Services in accordance with this application for Community Development Block Grant Funds. If this application is approved and this organization receives CDBG funding from the City of Elgin, this organization agrees to adhere to all relevant Federal, State and local regulations and other assurances as required by the City. Furthermore, as the duly authorized representative of the organization, I certify that the organization is fully capable of fulfilling its obligation under this application as stated herein. I further certify that this application and the information contained herein are true, correct and complete, i also authorize the following person(s) to have signatory authority regarding this grant: Trisha Roth Name Executive Director Title Name Title r ",V 4/ President /Board of Directors (or other authorized person) December 15, 2010 Date PENALTY FOR FALSE OR FRAUDULENT STATEMENT U.S. Code Title 18, Section 100', provides that a fine of up to $10,000 or imprisonment for a period not to exceed five years, or both, shall be the penally for willful misrepresentation and the making of false, fictitious statements, knowing same to be false. City of Elgin CDBG Application FY 2010 Instructions Page 27 Ia. Project Description The proposed improvement will make the Well Child Center parking lot safe for clients by providing updated lighting, resurfacing, new perimeter landscaping and a closed circuit video recording system. Enhanced lighting will be used to make the lot safe for clients who are utilizing the building's services during the evening hours and at night. The new fixtures will prevent off -site lighting and night sky pollution, and will be designed specifically for energy efficiency. + The resurfacing component will create a safe passage for both pedestrians and vehicles. Anew lot will be formed with blacktop, curbs, traffic flow signage and pavement markings to indicate the pedestrian access points and traffic flow through the lot. This will improve circulation through the lot to make it safer for all pedestrians and vehicles. There is an existing storm line that has a portion of pipe that needs replacement. The repair will increase the drains efficiency in removing unwanted standing water that may freeze during winter. + Landscaping will be added to the perimeter to provide safety (concealment from vandals and loiterers) and screening. In addition, the landscaping will define the lot, offer shade in the summer, and block the wind. A chain link fence security fence will be constructed to further deter vandals and loiterers. + A security system will provide added security by including site surveillance. 3. Project Benefit Well Child Center would like to improve the safety of the north parking lot at their widely - utilized Well Child Center facility for low and moderate income families and uninsured, at -risk children in the Elgin community. Owned by Well Child Center and located at 620 Wing Street, Elgin, IL, the Well Child Center serves 18,000 people annually through services provided by Well Child Center (provides pediatric dental care and nutrition counseling and food assistance), Visiting Nurses Association of Fox Valley (VNA) (provides medical care to all ages), Aunt Martha's Youth Care services (provides mental health services), and Community Contacts (provides energy assistance to families). Services are provided four days per week, from 7:30 a.m. to 8:00 p.m. and Friday and Saturday until 5:00. The economic downturn has increased demands for services provided within the building, thus making safety in the north parking lot a priority. Well Child Center is working with Falco Architects to make the north parking lot safe for clients by improving lighting, resurfacing, landscaping and installing a surveillance camera. • Currently, the lighting is inconsistent and substandard. The dimly lit lot exposes clients to inherent vulnerabilities. • The existing parking surfaces are seriously deteriorated —pot- holes, cracks, damaged and crumbling surfaces represent risk, especially for the many mothers walking into the building carrying infants with a toddler in tow. The misaligned spaces and aisles create unsafe circulation for clients who are parking, and then walking to the building's entrance. The current lot creates risk for both vehicles and pedestrians due to lack of signage and improper markings. Improper drainage has led to the deterioration of the surface which, again, puts clients at risk for standing water and ice. • Since there is no screening or fence to define the lot and protect those using it, there is loitering with suspicious activity being conducted as well as incidences of vandalism. The parking lot renovation would provide for the safe passage of cars and pedestrians. JOB DESCRIPTION FOR EXECUTIVE DIRECTOR Executive Director The Executive Director is the Chief Executive Officer of Well Child Center. The Executive Director reports to the Board of Directors, and is responsible for the organization's consistent achievement of its mission and financial objectives. In program development and edminisnration, the Executive Director will: Specific committee responsibilities: 1. Assure that the organization has a long-range strategy which achieves its mission, and toward which it makes consistent and timely progress. 2. Provide leadership in developing program, organizauooal and financial plans with the Board of Directors and staff, and carry out plans and policies authorized by the board. 3. Promote active and broad participation by volunteers in all areas of the organization's work. 4. Maintain official records and documents, and ensure compliance with federal, stage and local regulations. S. Maintain a working knowledge of sign ificarht developments and trends in the field. In communications, the ]executive Director will: 1. See that the board is kept fully informed on the condition of the organization and all important factors influencing it 2. Publicize the activites of the organization, its programs and gnats. 3. Establish sound working relationships and cooperative arrangements with communipr groups and organizations. 4. Represent the programs and point of view of the organization to agencies, organizations, and the general public. In relations with staff, the Executive Director will: 1. .Be responsible for tlhe recruitment, employment, and release of all personnel, both paid stiff and volunteers, sound human resource practices are in place. 1 Ensure that job descriptions are developed, that regular performance evaluations are field, and that sound human resource practices are in place. 3. See that an effective management team, with appropr6re provision for succession, is in place. 4. Encourage staff and volunteer development and education, and assist program staff in relating their specialized work to the total program of the organization. 5. Miintain a climate that attracts, keeps, and mouvatcs e diverse staff of top quality people. 1.n budget and finance, the Executive Director will: 1. Be responsible for developing and maintaining sound financial practices. 2. Work with the stafC, Finance Committee, and the board sn preparing a budget; see that the organization operates within budget guidelines. 3. Ensure that adequate funds are available w permit the organization to carry out its wort:. 4. Jointly, with the president and secretary of the board of directors, conducr ofFieial correspondence of the organization, and jointly, with designated officers, execute legal documents. WELL CHILD CENTER - .BOARD OF DIRECTORS — 2010 -2011 Officers President: Rita .Martin Secretary: Beverly Hopson Vice President/Treasurer: Michael Brown Name Home Address Occupation /Employer Term Expires (Mo /V r} Mark Ainley President June 2013 (W) 630 - 587 -7400 GC Realty & Development (F) 630- 587 -7301 796 Bartlett Road (C) 630 -781 -6744 Barilctt,IL 60103 mark(& gerealtyine.eora Bob Bouque 1535 Easy Street Partner June 2012 (W) 847 - 888 -4083 Elgin, IL 60123 Green Tartan Cleaning, (F) 847 - 888 -3624 INC. P.O. Box 931 bab(atic'auitor.com Elgin, IL 60121 -0931 1 Michael Brown 503 "1'ruman's Ct. VP Commercial Banking June 2012 (W) 847 - 931 -3639 Belvidere, IL 61008 j The National Bank (F) 847- 931 -0003 1800 McDonough Rd. Suite 210 MichaeLBrown(a'thenh.com Hoffman Estates, IL 60192 Diane Donalies 480 Columbia Ave. Sherman Hospital June 2012 (W) 847- 429 -8157 Elgin, IL 64120 934 Center Street (H) 847 -741 -5879 Elgin, IL 60120 ddonalies@gmail.com Melissa Barbosa- Guzman i Attorney at Law ,tune 2012 (W) 847 - 741 -6180 Ext. 26 169 East Chicago St. (F)847 -741 -6159 Elgin, IL 60120 mbg law(a), ahoo.coin 1 Michael J. Hillebrenner, P.E., 1013 Apple Valley Project Engineer June 2013 It CPESC Drive Roux Associates, Inc. (C): (224)634 -5092 Bartlem IL 60103 2000 Spring Road, Suite 420 (W): (630)572 -3300 Oak Brook, Illinois 60523 (Fax): (630)572 -8841 nuhillebrenner@souxinc.com michael hillebrenner(a)yahoo.corn i Beverly Hopson 264 Spring Cove Dr. r Retired Educator tune 2012 (H) 847- 531 -5212 ( Elgin, IL 60123 (C) 847 - 508 -0154 bevrol2002(a) ahoo.com Rita Martin 355 Algona Avenue Physician's Assistant j June 2011 (H) 847 -697 -0293 Elgin, IL 60120 Orthopedic & Spine Surgery f (C) 847 - 507 -2141 Associates, LTD � 2350 Royal Blvd, S. 200 E0m355Lwsbcglobal.net Elgin, IL 60123 Angela Landrowski, DDS General Dentistry June 2013 (W) 847 - 697 -2550 Peacock Dental ( (C) 847- 682 -0444 320 N. McLean Blvd angelatodtlandrowski w'.vahno.com j Elgin, It, 60123 __ WELL CHILD CENTER - BOARD OF DIRECTORS - 2010 -2011 Name i Home Address Occupation/Employer Term Expires (Mo /Yr} Chris Matns 9N735 Old Mill Court President June 2012 1 (W) 847- 622 -9711 Elgin, IL 60124 Rieke Office Interiors (W) 224 -238 -2029 2000 Fox Lane (F) 847 - 622 -9750 Figin,IL 60123 (C) 847 - 833 -7032 ematus eom� Zoran Stojanovic, DDS t jano 18N313 Sawyer Road iCosmetic-General Dentistry June 2013 (W) 847 - 426 -4431 West Dundee, IL 601 18 Zoran Stojanovic, DDS (F) 847 - 426 -4399 712 W. Main Street annsto'(a)aol.co West Dundee, IL 60118 Maureen Valsted 1 618 N. Porter Street School District 1,11-46 June 2012 (II) 847 - 697 -6140 ' Elgin, IL 60120 Elgin, IL 60120 (C) 630 -200 -0804 j thevcrew(�w ideo pe nwest.co m Trisha Roth 1709 Ronzheimer Ave. Well Child Center Staff Executive Director St. Charles, IL 60174 620 Wing Street (W) 847- 930 -6709 Elgin, IL 60123 (F) 847 - 741 -2413 C 847- 309 -9181 tiro th(a7wellehildeenter.o rE Michael J. Hillehrenner, RE 1013 Apple Valley Drive o Bartlett, IL 60103 michael_hillebrennerayahoo.eom s 224,634.509< ENGINEER'S OPINION OF PROBABLE COST FOR WELL CHILD CENTER GRANT ASSIS'T'ANCE 620 Wing Street Elgin, IL 60123 12 -T4 -2010 :' # DESCRIPTIOrt UNIT 1 T} $ /UNIT TOTAL I WALL SCONCE EA 7 $350,00 $ 2,450.00 2 WAI PAK 1000.00 3 LIGHT POLE ASSEMBLY (COMPLETE) EA 3 i $4,000.00 5 12,000.00 TOTAL PHASE A S 37450 00 _ 4 , ADT SECURITY SYSTEM GA I 510,000.00 $ 10,000.00 TOTAL PHASE B S 10 000.00 5 LANDSCAP'WG UPGRADES EA $7,500.00 $ 7,500.00 TOTAL PHASE C S 7,500.00 „ 6 FULL DEPTH PAVEMENT REMOVAL (PATCHING) SY 200 $10.00 5 100 ,U0 7 SAWCUT FULL DEPTH (ASPHALT AND CONCRETE) t FOOT 250 $3 75 $ 937.50 8 BITUMINOUS CONCRETE BINDER CLASS 1, 2.5" 1 SY i 200 $5.50 $ 1,100,00 9 BITUMINOUS CONCRETE SURFACE, CLASS 1, L5" SY 200 ! $4.50 _ $ 900.00 10 SEALCOAT SY 3,600 ! SI.25 1 $ 4.500.00 11 BIT, PRIME COAT MATERIAL (.30 GPSY) GAL 60 $1.00 $ 60.00 12 BIT. TACK COAT MATERIAL (25 GPSY) GAL 50 $1.70 $ 85.00 13 4" PAINTED LINE FOOT i,750 $ 1.00 $ 11750,00 �D= TOTAL 13HASE S 11,332.50 �'.,'v' _ k r^-�3a.:- e""sY�sry���*fi§ 3 er. s" 2'�n, 7i_s'.s' r, `.^�' o a , u` �,��/✓S` 14 RETAINING WALL DROP OFF/FENCE AREA UPGRADE EA I $1,200.00 1,200.0(; 15 CHAT LINK SECURITY FENCE FOOT _L$� 315 $20.00 $ 6,300.00 16 DITCH DEBRIS CLEANUP EA _1 I TOTAL PHASE E S 8500m) �, �,. �. Zk e .. 17 4" STORM LINE REPAIR EA $4,000.00 S 4,000.00 TOTAL PHASE F = i S 4,000.00 SUBTOTAL $ 58,782.50 CONTINGENCY 10% $ 5.878.25 TOTAL OFSITE NIORK $ 64.66" 75 Total tt inion of Probable Construction Cost - ALL PHASES g 64,700,6, This Opinion ofProhable Construction Cost is based on the Engineers experience in similar projects and is not guaranteed. 1013 Apple Valley Drive • Bartlett; IL 60103 *224.634.5092 r michael _hillebrenner(c,yahoo.com IRSDepa,bnent of the Treasury IutenesF Revenue service P.O. Box 2508 Cincinnati OH 45201 WELL CHILD CONFERENCE OF ELGIN 620 WING STREET ELGIN IL 60123- 2800440 In reply refer tog 0248558532 Apr. 028 2008 LTR 41680 E0, 23- 7348344 000000 00 000 00015364 BODC: TE Employer Identification Number: 23- 7348344. Person to Contact. Mr. Lafollette Toll Free Telephone Number: 1-877 -824 -5500 Dear Taxpayer: This is in response to your request of Mar. 26, 2008, regarding your; tax- exempt status. Our records indicate that a determination letter was issued in August 1477, that recognized you as exempt from Federal income tax, and discloses that you are currently exempt under section 501(c)(3) of the Internal Revenue Code. Our records also indicate you are not a private foundation within the meaning of section 504(a) of the Code because You are described in section(s) 504Ca)(1) and 170(b)(1)(A)Cvi). Donors may deduct contributions to you as provided in section 170 of the Code. Bequests, legacies, devises, transfers, or gifts to you or for your use are deductible for Federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code. If you have any questions, please call us at the telephone number shown in the heading of this letter. Sincerely yours, Michele M. Sullivan, Oper. Mgr. Accounts Management Operations I PO BOY, 79040i i i O US Nt %! 637 7:i C1401 000006530 7 F:`' 0,414 1f354ft84i:i41.4i7F9 P EL G1N AELL CWUL 620 WiNC Sl UN11 2 ELGIN 1L 601;%3 in 1 7 4 J S!l .,, 114 9'3U170 BALAN J ( iSAN1) :(�; f slits i`kiL,t_i lI t #' t, ,4zE ills U' IA£ i", 1 ' — ISI)t'ai :(Viii f\ I, ? %. C' ACC is'v ) "LI \t'ir x} .,C2`. ,10ti 7 . _!At . ::'� 555 COMMERCIAL LOAN INVOiCE 1 A I_Fj 10, i TIM ritt ,luulit4i 1T�1'PI'i --- M1 Vi " MADE 1 ! i _ 4 M !'r, h8E5k 1' p x IMP/ .SEE) I Ai, CO R DAN E S t H T I I PV. g OUF. 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TA T I�t +: !i PkYMENi WILL BE TAUT aAT[C:ALE.Y UEDUCTEu F(dOM YUOF f,IITOa,.T AGCOUNI ON "I H7 DU' DAtE so-,. •.�:. 1010063D82 2S 0031,017719 0000000018 43576 0 32 C FTG1 ©G m1443 I \MCH DATE': 10/311111) i EiltA fll iU30*;3 C=l.fDTOAINR `dUCHs )- _5403101 7779 9'3U170 BALAN J ( iSAN1) :(�; f slits i`kiL,t_i lI t #' t, ,4zE ills U' IA£ i", 1 ' — ISI)t'ai :(Viii f\ I, ? %. C' ACC is'v ) "LI \t'ir x} .,C2`. ,10ti 7 . _!At . ::'� 555 COMMERCIAL LOAN INVOiCE 1 A I_Fj 10, i TIM ritt ,luulit4i 1T�1'PI'i --- M1 Vi " MADE 1 ! i _ 4 M !'r, h8E5k 1' p x IMP/ .SEE) I Ai, CO R DAN E S t H T I I PV. g OUF. PIJTF. 620 ELGIN >No s cU 42 € �f( l�# EZt�Ia�a�ISl ilEe31S�[ 4���" 3l�19�d�z:I�93�(�iifrtE��3��li�f 02(Y el `NC 0T UFd I T 2 EL.»kN !L 6012.3 DL'J M1,01 F 27U4 i PAY! TA T I�t +: !i PkYMENi WILL BE TAUT aAT[C:ALE.Y UEDUCTEu F(dOM YUOF f,IITOa,.T AGCOUNI ON "I H7 DU' DAtE so-,. •.�:. 1010063D82 2S 0031,017719 0000000018 43576 0 32 C FTG1 ©G m1443 0 0 N r W h- w in I a LW W z W u Q J_ u J J w oQ;Olo10 =0 0 0 0 0 0 ol�ojo 0 0 oio,olo 0 0 1010:0:c olo 0 o 01015:010 O O Q.o o 0 0 o o olo olo o o o o _ C 0 i O i` O Z to 10 to N ref' ti N O O io W! Ln j r- O O O o in O LO 6 O (3 L,M to CO r M <i' n.LO W ( �T:6 CN tom, O.<t i� N N V i h O h 6ci Qfi M 1 to 6) to tH <t' N 69 O N fH E9 to e 69 EA ; Yfi fH � fi3 H3 I� co C Q N X aD N N N m d N E w W s a- ;�- 2! N c ° ° -0I o ° X'm10 a 'D Co as 0, o o_ Z3 -0 °) N G "�- c� N ',. -Q m. a) m Q �- -a �: N l u j Cn :� N Q (n ', N C 'Z E OW °U a.oz� E jo a�Ial°'ac >�o''IIm ° a a° u m@ c o c o m' w m E oI� o o m a> a) N _w o c C) >i� C� IQ- m of cn d cu UI¢ m'O n W 010;0 0 0,0 Q O o 5 0 0 0,o 00 00 010 o O� , � �o�.oQ Q ti I OD M Q M. V Nl^ r N cD _ 57 o n oo Io ^ CO O O ,C,4 co , , ' t() to O � � r ! 1 Z. Q W 4 1 i 0 0 0 r LL w c� ci S' W z J J .J w OtEm o a:o a o!a oio 0 aoo!oroi0000 o�olo a:o o'o 0 o0 00 ;`NIU Oo1(6 r�N I� CD r :64 (h Hd w > w cn LU c m Z a !� Lu LL Lu c D) I� a) p :oS�c� LEI W s 'm LU C/) ' Cf) O Oj0_ a O!O O Zlo r'n:� n'ir'� a;0 Lu h ! L I I j°! 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: It possesses legal authority to make a grant submission to the CITY and to execute a community development and housing program; 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 this 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 comiection with the execution of this 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; (F) Executive Order 11063 -Equal Opportunity in Housing, as amended by Executive Order 12259, and implementing regulations at 24 CFR Part 107; Page 14 of 19 (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; (1) The relocation requirements of Title 11 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); S. It is following the current City of Elgin Consolidated Plan which has been approved by HUD pursuant to 570.306; and 9. It will not attempt to recover any capital costs of public improvements assisted in whole or in part with funds provided under Section 106 of the ACT or with amount resulting from a guarantee under Section 108 of the ACT by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition 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 Page 15 of 19 under Title I of the ACT; or (2) for purposes of assessing any amount against properties owned and occupied by low and moderate income persons, the SUB - RECIPIENT certifies that it lacks sufficient funds received under Section 106 of the ACT to comply with the requirements of subparagraph (1) above. 10. The SUB - RECIPIENT certifies that it will provide a drug -free workplace by: (A) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the SUB - RECIPIENT's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (B) Establishing a drug -free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The SUB- RECIPIENT's policy of maintaining a drug =free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. (C) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (A); (D) Notifying the employee in the statement required by paragraph (A) that, as a condition of employment under the grant, the employee will: (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; (E) Notifying the City of Elgin's Community Development Department within ten (10) days after receiving notice under subparagraph (D)(2) from an employee or otherwise receiving actual notice of such conviction; (F) Taking one of the following actions, within 30 days of receiving notice under subparagraph (D)(2), with respect to any employee who is so convicted: (1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (G) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (A), (B), (C), (D), (E) and (F). 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. Page 16 of 19 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. Page 17 of 19 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. 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 and HUD, 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, HUD, 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, HUD, and the Secretary of Labor such information as they may require for the supervision of such compliance, and will otherwise assist the CITY and HUD 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 Secretory of Labor, the CITY or HUD. (7) In the event that SUB- RECIPIENT fails or refuses to comply with the undertaking, the CITY, or HUD may take any or all of the following actions: cancel, terminate or suspend, in whole or in part, this grant, refrain from extending any further assistance to the SUB- RECIPIENT until satisfactory assurance of future compliance has been received; and refer the case to HUD for appropriate legal proceedings. Page 18 of 19 SUB - RECIPIENT: Well Child Center 620 Wing Street, Elgin, Illinois 60123 y eEdi v g✓ BY: - -- - -- Trisha Roth, Executive Director DATE: Jr /d-� % 1g" ATTEST:a� Page 19 of 19