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Home My WebLink About12-193 Resolution No. 12-193 RESOLUTION AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT SUB-RECIPIENT AGREEMENT WITH WELL CHILD CENTER, INC. FOR HVAC REPLACEMENT 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 HVAC replacement,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 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 16, 2011, submitted by the SUB-RECIPIENT entitled "Target Green — HVAC Replacement Phase 1 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)2012-2013. B. All funding provided to SUB-RECIPIENT shall be used solely to replace the existing three aging, inefficient rooftop HVAC units with energy efficient ones at the Well Child Center's facility at 620 Wing Street, Elgin, Illinois. About 18,500 low and moderate- income Elgin families will benefit from the Center's program in its 2012-2013 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 the replacement of the existing outdated HVAC systems 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 1. 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 report shall be submitted until the completion of the project or until directed to discontinue such reports in writing by the CITY. Page 2 of 19 2. Quarterly progress reports shall be due on the 10`h 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-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. 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. III. AMOUNT AND TERMS OF GRANT Page 3 of 19 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$52,100 (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. 154850 and Account No. 230-0000-791.93-36 in the amount of $52,100, which identifying numbers shall be used by SUB-RECIPIENT on all payment requests. C. In the event the services identified in Section II, Scope of the Project of this Agreement or other eligible services for low and moderate income individuals and households are no longer provided at the 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 shall 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 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. 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 opportunity compliance including equal employment opportunity certification with Page 4 of 19 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 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. 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. 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, Page 5 of 19 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 CFR 570.503(b)(8)and 24 CFR 570.505. V. RIGHTS TO SUBCONTRACT A. SUB-RECIPIENT is herewith granted authority to subcontract all or any portion of the PROJECT to such engineers, architects, independent land use consultants, professional land planner, construction contractors or other entities as SUB-RECIPIENT shall deem appropriate or necessary and upon such terms as may be acceptable to SUB-RECIPIENT. B. Administration of any subcontracts by the SUB-RECIPIENT shall be in conformance with 24 CFR Part 570.200(d)(2) and Part 85.36. VI. SUB-RECIPIENT'S AUTHORIZATION TO ACCEPT PROPOSALS A. After the CITY has received notification that funds for the PROJECT have been released by HUD, the SUB-RECIPIENT shall be authorized to accept the proposal of any subcontractor for the PROJECT. VII. BILLING PROCEDURE A. Upon release of Grant Funds by HUD for the PROJECT, the CITY shall make disbursements to the SUB-RECIPIENT as either reimbursement for advances made by SUB-RECIPIENT or as advances for specific cash requirements of SUB-RECIPIENT for the PROJECT. All claims of SUB-RECIPIENT, whether for reimbursement or advancement, shall comply with the following requirements: 1. SUB-RECIPIENT shall submit a listing of all disbursements of CDBG funds, on a form provided by the CITY; Page 6 of 19 2. Any claim for advancement of CDBG funds shall be limited to an amount necessary for SUB-RECIPIENT to meet specific cash requirements for the PROJECT and shall be disbursed by SUB-RECIPIENT within three (3) working days of receipt by SUB-RECIPIENT; 3. Any request for reimbursement or advancement pertaining to work under contracts from the SUB-RECIPIENT shall include the following: a. For interim payments to contractors and subcontractors, certification that the work for which payment is requested has been performed and is in place and to the best of SUB-RECIPIENT'S knowledge, information and belief that, the quality of such work is in accordance with the contract and subcontracts, subject to: (i) any evaluation of such work as a functioning PROJECT upon substantial completion; (ii) the results of any subsequent tests permitted by the subcontract; and(iii) any defects or deficiencies not readily apparent upon inspection of the work; and b. For final payment, certification that the work has been performed in a satisfactory manner and in conformance with the contract. 4. Processing of all requests for payment shall be contingent upon the submission of the required documentation by the contractor and subcontractor to the CITY that fully complies with federal labor standards, uniform relocation act or any other applicable federal, state, or local statutes,rules or regulations. 5. SUB-RECIPIENT shall forward to CITY all billings, vouchers, and other documents representing any accounts payable, in such timely and reasonable manner as both parties shall determine; provided, however, that in no event shall such documents be forwarded to CITY later than twenty-one (21) days after SUB-RECIPIENT'S receipt of such documents. 6. SUB-RECIPIENT shall cooperate with the CITY to facilitate the maintenance of financial records by the CITY as required by Title 24 CFR 85. B. Upon submission of an acceptable claim for Grant Funds, CITY shall process such claim and shall approve such claim for payment following approval by the City's Community Development Department, for compliance with this Agreement and applicable HUD requirements. C. Except as provided for in Section IX and X herein, CITY shall pay all required payments against eligible project costs, as described in Section II.B, incurred by SUB-RECIPIENT under this Agreement. VIII. ADMINISTRATION AND REPORTING REQUIREMENTS A. SUB-RECIPIENT shall administer the Grant Funds in conformance with the regulations, policies, guidelines and requirements of OMB Circular numbers A-110, A-122, and A- 133, as they relate to the acceptance and use of federal funds for the PROJECT. Page 7 of 19 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 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. Page 8 of 19 D. SUB-RECIPIENT shall transfer to the CITY any unused CDBG funds and submit all billings attributable to this Project at the time this Agreement terminates or is suspended. X. REMEDIES A. To the fullest extent permitted by law, SUB-RECIPIENT agrees to and shall indemnify, defend and hold harmless the CITY, its officers, employees, boards and commissions from and against any and all claims, suits,judgments, costs, attorneys fees, damages or any and all other relief or liability arising out of or resulting from or through, or alleged to arise out of, any breach of this Agreement; misuse or misapplication of funds derived pursuant to this Agreement by SUB-RECIPIENT; violation of any statutes, rules and regulations, directly or indirectly, by SUB-RECIPIENT and/or any of its agents or representatives; or any negligent acts or omissions of SUB-RECIPIENT or of SUB- RECIPIENT'S officers, employees, agents or subcontractors. In the event of any action against the CITY, its officers, employees, agents, boards or commissions covered by the foregoing duty to indemnify, defend and hold harmless, such action shall be defended by legal counsel of CITY'S choosing. The provisions of this paragraph shall survive any termination and/or expiration of this Agreement. B. In the event of loss of approved Grant Funds for the PROJECT as a result of any violation or breach of this Agreement by the CITY, misuse or misapplication of funds received from HUD unrelated to the PROJECT, or any violation of the statutes, rules and regulations of HUD, directly or indirectly, by CITY and/or any of its agents or representatives, CITY'S liability to SUB-RECIPIENT shall be limited to any funds which have previously been provided to sub-recipient pursuant to this Agreement. SUB- RECIPIENT hereby waives and releases CITY from any and all other liability pursuant to any such breach,misuse,misapplication or violation of statutes, rules or regulations. C. In the event HUD, or any other federal agency, makes any claim which would give rise to invoking the remedy provisions, as set forth in paragraph A or B of this Section X, then the CITY or SUB-RECIPIENT shall immediately notify the other party, in writing, providing the full details of the alleged violation. To the extent that any such matter is not subject to exclusive federal jurisdiction, venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this Agreement between the CITY and SUB-RECIPIENT shall be in the Circuit Court of Kane County, Illinois. D. In addition to any remedies available to the CITY, if CITY has lost or been prevented from receiving any federal funds, other than the Grant Funds, as a result of any alleged violation of law or other breach of this Agreement by SUB-RECIPIENT, the SUB- RECIPIENT shall repay, upon demand by the CITY, such amount of Grant Funds previously disbursed or allegedly due to the SUB-RECIPIENT. XI. TIMELINESS A. Time is of the essence of this Agreement. SUB-RECIPIENT shall meet the schedule deadlines listed below. Any milestone which the SUB-RECIPIENT does not achieve within two months of the date listed will result in the SUB-RECIPIENT submitting a revised implementation schedule for approval by the City's Community Development Page 9 of 19 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. AMENDMENTS - This Agreement constitutes the entire Agreement between the parties hereto. There are no other agreements, either oral or implied, between the parties hereto regarding the subject matter hereof. Any proposed change in this Agreement shall be submitted to the other party for prior approval. No modifications, additions, deletions, or the like, to this Agreement shall be effective unless and until such changes are executed, in writing, by the authorized officers of each party. B. SUBJECT TO FINANCIAL ASSISTANCE AGREEMENT - This Agreement is made subject to financial assistance agreements between the CITY and the United States Page 10 of 19 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 Kane 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 BY: 40. Gf Sean R. Stegall City Manager DATE: 42 l0 • / ATTEST: 6.4../6-14... Kimberly Dewis City Clerk SUB-RECIPIENT: Well Child Center 620 Wing Street, Elgin, Illinois 60123 6.441/4, BY: Trisha Roth Executive Director DATE: i f/1-n /i ATTEST: /e-,- Page 12 of 19 RECEIVED PROPOSAL APPLICATION FOR CDBG FUNDING: THE COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG) DEC 16 2011 ENTITLEMENT PROGRAM CITY OF ELGIN FISCAL YEAR 2012-2013 JUNE 1,2012 THROUGH MAY 31,2013 Organization Name: Well Child Center Project Name: Target Green—HVAC Replacement, Phase 1 Project Address: 620 Wing Street, Elgin, IL 60123 Exec Director Name: Trisha Roth, MS, RD, LDN Address: 620 Wing Street, Elgin, II 60123 Telephone#: (847)930-6709 Fax It: (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 It: (847)741-2413 Contact Email: troth@wellchildcenter.org Website(if applicable): www.wellchildcenter.org PROJECT FUNDING REQUEST CDBG Funds Requested 852,100 Funding Leveraged from other Sources $ Check the category,which describes the type of funding,requested: Housing a Public Facility n Infrastructure _Economic Development fl Public Service 11 Other BRIEF PROJECT DESCRIPTION: Please provide a one-sentence statement about your project—not your organization. We are requesting funds to replace three aging,inefficient rooftop HVAC units in our facility which provides vital medical and social services to 1 8,500 LMI individuals. City of Elgin CDBG Application FY 2012-2013 Application Page 15 CONSTRUCTION PROJECTS ONLY Public Improvements/Construction Activity Application Form Project Name/Title:Target Green—HVAC Replacement,Phase 1 Agency Name:Well Child Center Agency Address:620 Wing Street City: Elgin State:IL 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: See attached. b. indicate the primary function of the facilities to be provided or improved: The building serves 18,500 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 services are offered for low-and moderate-income families and uninsured,at-risk children in the Elgin Community. The HVAC units represent safety risks for building occupants and leave them susceptible to illness,fire or other calamities. c. Readiness to Proceed: (i) Do you have an architect/engineer under contract?if so provide name. x Yes ❑ No TMR Engineering;John Marlewski,Elgin Sheet Metal (ii)Do you have preliminary plans/drawings completed(If so,attach)? ❑ Yes XNo (ii)Do you have project cost estimates completed(if so attach)? X Yes ❑ No (using Davis Bacon Wage Rate and Labor Standards) Please note that any costs incurred prior to the award and environmental review process cannot be reimbursed to the applicant. 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. City of Elgin CDBG Application FY 2012-2013 Application Page 16 CONSTRUCTION PROJECTS ONLY 2. Project Location: Well Child Center,620 Wing Street, Elgin, IL 60123 a. Project Address/Location: (Include photographs) 620 Wing Street, Elgin,IL 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) (i)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: If yes,explain: If yes, explain: (iv)Environmental Hazards ❑ Yes x No If yes,explain: c. Provide a time line for the project and current status of project progression: Construction Bid Period:October 2012 Start Date: October 2012 Completion Date: October 2012 Status: Once funding is secured,we are prepared to begin the project 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. See attached. 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 building safer and more efficient,and to lower operating costs at Well Child Center.This will be accomplished by replacing the three aged, poor functioning HVAC units with three new energy efficient units,plus relocating a thermostat,properly zoning one unit and rebalancing airflows to individual rooms. The new units will reduce energy costs and eliminate risks to occupants. See attachment for projected savings. City of Elgin CDBG Application FY 2012-2013 Application Page 17 CONSTRUCTION PROJECTS ONLY Project Budget Land $0.00 Existing structures $0.00 Other acquisition casts $0.00 Site Wodc ii of in moron Demolition/clearance $0.00 Other site costs $0.00 Construction/Project improvement Costs New Construction $0.00 Rehabilitation $49,100.00 $49,100.00 Performance bond premium $0.00 Construction contingency _ $0.00 Other $0.00 itectural and Engineering Architect Fees $0.00 Engineering fees $3,000.00 $3,000.00 Other A&E fees $0.00 Other Owner Coos Appraisal fees $0.00 Survey $0.00 Soil boring/environmental/LEP evaluation $0.00 Tap fees and impact fees $0.00 Permitting fees $200.00 $200.00 Legal fees $0.00 Other $1,300.00 $1,300.00 Mts ellansous Costs Developer fees $0.00 Project reserves $0.00 Relocation costs $0.00 Project Idmin Management-Costs Marketing/management $0.00 Operating $0.00 Taxes $0.00 Insurance $0.00 Other $0.00 TOT $52,100.00 $1,500.00 $0.00 $53,690.00 I 1 I I 1 *The Tine items in column A are a guide. Items may be added or deleted depending on the type of project. Permit fee included in this project budget. See attached detailed cast estimate. City of Elgin CDBG Application FY 2012-2013 Application Page 18 CONSTRUCTION PROJECTS 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.il.us\agency\idol\rates\evenmo\kane9999.htm $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 2012-2013 Application Page 19 2. PROJECT ELIGIBILTY 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 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: ❑ L/M 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. 1iL/M 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. ❑ L/M 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. ❑ L/M 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 2012-2013 Application Page 20 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. CI. Project Category[check one]: ❑ Acquisition of Real Property ❑ Disposition of Real Property MI 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.) El 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 El 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 2012-2013 Application Page 21 3. IMPACT ON APPUCABLE 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. Please identify the category and activity applicable to your proposal, using that table as your guide: Example: Public Services Activity: Youth Transportation ❑Homelessness Activity ❑Infrastructure Activity ❑Affordable Housing Activity ❑Public Facilities Activity Safe,efficient building housing health and social services ❑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. Please identify ALL the categories applicable to your proposal: o A Safe Community ❑ Quality Housing ❑ Neighborhood Vitality ❑ River as a Resource ❑ Economic Growth and Diversified Tax a Alive Downtown Base ❑ Financially Stable City Government ❑ Recreational, Leisure and Cultural ❑ Customer Service Opportunities for all Citizens ❑ Diverse Management Staff 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 building safer(and more efficient)for the 18,500 LMI clients who utilize the health and social services provided in the Well Child Center facility. Please answer the following questions: 18,500 A. What is the total estimated number of persons to be served by this project? B. What is the total estimated number of LMI persons to be served by this project? 18,500 C. What is the anticipated percentage of LMI persons to be served by this project? 100% City of Elgin CDBG Application FY 2012-2013 Application Page 22 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. Our new Target Green-Phase 1 project will replace the three aged rooftop HVAC units at Well Child Center with three new units. In addition, we plan to relocate a thermostat, reconfigure air distribution and balance airflow. This project will reduce safety and health risks for 18,500 LMI clients and improve the infrastructure of the building. 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 18,500 LMI clients who use the Well Child Center facility. People of all ages and races in need of medical and social services utilize the services offered. 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. Approximately 75%reside in the Elgin community. The federal government has designated the geographic area served by the building as a Medically Underserved Area (MUA). Our local school district (U-46) characterizes 52% of the children enrolled (2011-2012) as low income. Well Child Center proactively collects, monitors and maintains demographic information using data recorded in patient records. We review reports quarterly, monitoring data for compliance with program objectives, emerging trends and service efficiency. C. Identify the accomplishments you intend to achieve with this activity. Provide an activity timeframe/schedule(include start,completion dates,and other significant stages). The outcomes of our Target Green project are to create a safe environment for LMI clients,reduce costs, increase productivity,and lesson our carbon footprint. By replacing our under-performing system,we can achieve these goals with your support. But the real need for these efficiency improvements stems from the community we serve. Despite signs of an economic recovery, underserved families in the Elgin community have been hit hard by the recession.As a result,many have lost their health insurance.These families turn to the critical services provided by the agencies in the Well Child Center facility,straining our resources as we attempt to shoulder their care.The Well Child Center facility serves 18,500 underserved people annually through health and social services provided by the following agencies:Well Child Center- -pediatric dental care and nutrition counseling/food assistance;Visiting Nurses Association(VNA)— medical care to all ages;Aunt Martha's Youth Care Services—mental health services;Community Contacts —energy assistance.This facility provides"one-stop shopping"for clients,many of whom have limited transportation.This project is the driver to reduce energy costs so that we can expand services to meet this unprecedented need and provide these services in a safe environment. This project is best suited for early spring or late fall,when the outside temperature is cool so that neither air conditioning nor heat is needed. Our project will take approximately one week.As soon as funding is secured,we are prepared to move forward with the project. City of Elgin CDBG Application FY 2012-2013 Application Page 23 4. 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. Since its establishment in 1969, Well Child Center (WCC) has been grounded in one primary goal—to create and maintain broad-based community partnerships to help all children thrive, and to build, strengthen, and sustain individual,family and community life.This goal remains the core vision of our organization. We are committed to improving the lives of children and families through education, counseling, and services in the areas of nutrition and oral health. The Well Child Center 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 are exposed to the fundamentals of good nutrition. The Pediatric Dental Program serves children who would otherwise not be seen by a dentist due to their families'financial limitations.Since our founding,we have been successful in not only sustaining our organization, but expanding its reach to more children each year. In 2000, we purchased the 22,500 square-foot building located at 620 Wing Street in Elgin. With funding from charitable foundations and private donations,the former factory was transformed into a home for health and social services agencies.The 18,500 people served annually by Well Child Center and its collaborative partners in the facility are living at or below 185%of the federal poverty level. 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. Over the past two years, we have increased the quality of and access to health care for underserved families in the Elgin area by successfully implementing the following projects and activities: 1. With funding from the Illinois Children's Healthcare Foundation, we integrated the latest technology by updating our radiology process to a digital imaging system and our manual patient chart system to an electronic patient record. This has enhanced our quality of care, made diagnosis and treatment more efficient, made workflow more streamlined, and strengthened our capacity to serve. 2. We implemented the First Tooth Visit program. The program integrates a baby's first dental screening with WIC nutrition services and educates parents and caregivers about the importance of good oral health and early check-ups—even for baby teeth.The goal of this program is to see a lower percentage of tooth decay in the patient population that begins regular dental care before 14 months of age and continues through age five,than in the general patient population where children generally begin seeing a dentist only after there is a problem. 3. One of the greatest barriers to healthcare for the underserved population is inconvenient hours of operation.Our population typically works for hourly wages, in service or temporary jobs,with little or no sick or vacation time available for health-related appointments.To address this challenge,we have expanded our hours to include evenings and Saturdays and now service a record number of people. City of Elgin CDBG Application FY 2012-2013 Application Page 24 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,MS,RD, LDN—Executive Director,Well Child Center Ms. Roth has been employed by 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. Under her leadership,Well Child Center has successfully implemented the projects identified in section 5b.of this proposal as well as many grant funded projects including a City of Elgin Community Development Block Grant project. City of Elgin CDBG Application FY 2012-2013 Application Page 25 D. Identify any other agencies/partners in this activity and define the roles and responsibilities of these partners. The Well Child Center facility serves 18,500 people annually through services provided by Well Child Center,and the following building tenants: 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). Our success would not be possible without community involvement and the support of our partners, who ensure that underserved children receive primary health care and family case management services.These key collaborative partners,including Visiting Nurses Association,Kane County Health Department,the network of school nurses,Aunt Martha's,and United Way,serve as a bridge between the families we serve and Well Child Center.It is through the support of these partners that we are able to work toward fulfilling our mission. 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 is sensitive to the operation of the facility,considerate of the organization's capital improvement budget,and seeks to maximize the remaining useful service life of the existing equipment. It has been divided into independent phases. These phases are ready to move forward separately as each becomes funded. 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. City of Elgin CDBG Application FY 2012-2013 Application Page 26 5. 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 committed to the project. BUDGET SUMMARY Category Breakdown CDBG Leveraged Funds Source of Total Funds Leveraged Funds Personnel * Contractual Services We are soliciting funds from the Riverboat and (Specify) $52,100 Kane county Block $52,100 Grants and from additional sources such as Illinois Clean Energy Community Foundation. Rent&Utilities Communications Travel Other Specify: Total CDBG Request I $52,100 x Total Other Funds 1��.�� l�, �`� Grand Total $52,100 $52,100 *NOTE: Please complete Budget Detail Chart on page 26 if personnel costs are included in your proposal. City of Elgin CDBG Application FY 2012-2013 Application Page 27 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 position title identified below. 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 N/A x = 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 is sensitive to the operation of the facility, considerate of the organization's capital improvement budget, and seeks to maximize the remaining useful service life of the existing equipment. It has been divided into independent phases. These phases are ready to move forward separately as each becomes funded. City of Elgin CDBG Application FY 2012-2013 Application Page 28 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, FRIDAY.DECEMBER 16.2011. X 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.) ❑ 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 X 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 ❑ Job Descriptions per budget detail.--N/A o An Executed Statement of Applicant Form. © An Executed Signature Authorization Form. Q Conflict of Interest Disclosure Form. I hereby confirm that this packet contains all materials required. "774.14 41."/ Trisha Roth • Signature and Printed Name Authorized Signer City of Elgin CDBG Application FY 2012-2013 Application Page 29 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 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. 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(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 art 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 2012-2013 Application Page 30 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. 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,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 16th day of December ,2011. Well Child Center Name of Organization By: (Signature) Executive Director (Title) • City of Elgin CDBG Application FY 2012-2013 Application Page 31 C. SIGNATURE AUTHORIZATION FORM The Board of Directors of Well Child Center does hereby resolve that on 12/16/2011 (,Date), 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 2012-2013 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 (Name of organization requesting CDBG funds) 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: Name Title Name Title President/Board of Directors(or other authorized person) 12/16/2011 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, shall be the penalty for willful misrepresentation and the making of false, fictitious statements, knowing same to be false. City of Elgin CDBG Application FY 2012-2013 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 there under,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: ® I certify that no conflict of interest exists between the City of Elgin and(name of organization) Well Child Center ® 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: ❑ l 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 12/16/2011 Trisha Roth, Executive Director City of Elgin CDBG Application FY 2012-2013 Application Page 33 Well Child Center Target Green HVAC Replacement,Phase 1 Attachment- la. la. Project Description With energy costs doubling and an unprecedented demand for services rendered at the Well Child Center(WCC) facility,Executive Director Trisha Roth initiated an analysis of the mechanical(HVAC)services at the Well Child Center facility at 620 Wing St.,Elgin,IL to determine how WCC could reduce operating energy costs,reduce safety risks,and lesson our carbon footprint.The building,owned and operated by Well Child Center,is an approximate 22,500 sf single story building which serves 18,500 LMI people annually. TMR Engineering was hired in July 2011 to conduct the analysis.TMR's findings indicated that the 10 rooftop HVAC units(10-20 years old)are functioning with an operating efficiency of between 4 and 5.33 EER(compared to 8 EER when new).The specific operating efficiency by unit is included in the attached TMR report. While the 60 tons of cooling capacity seems adequate,the oldest units create safety risks and are nearing the end of their service life. In addition,some of the thermostats are placed in areas that are unoccupied or not in"close proximity"of the areas most impacted by temperature fluctuations. There is also evidence to suggest that the numerous adjustments to the supply air distribution since the building was originally designed have caused airflow imbalances which result in discomfort and premature aging of the system. TMR determined that the most cost-effective solution is replacement of the aged rooftop units in three independent phases.The recommendations are sensitive to the operation of the facility, considerate of the facility's capital improvement budget,and seek to maximize the remaining useful service life of the existing equipment. WCC is seeking your generous support for Target Green-HVAC Replacement,Phase 1, our project to replace the oldest three HVAC units with three new high efficiency packaged air-cooled DX RTU's. We feel this phase of the project is the most critical element of a safe and productive facility for 18,500 LMI clients,and provides for cost savings which can be redistributed into patient care.Phase 1 recommendations include: 1. Replace RTU's 1,2,and 3 with new high efficiency packaged air-cooled DX RTUs. Units shall have: o High efficiency(12.5 to 12.8 EER)Scroll Compressors o Variable speed ECM motors o Economizer controls for energy savings o UVC lighting for air sterilization to improve indoor air quality o Field installed CO2 sensors to monitor CO2 levels and adjust outside air ventilation levels to match demand. During periods of lower occupancy,outside airflow will be reduced. o Curb adapters to transition new unit footprint to the existing roof curbs to prevent re-roofing. 2. Relocate thermostat for RTU-2 to a location that more adequately measures the average zone loads. 3. Convert RTU-3 air distribution to"constant volume bypass"configuration with zone dampers and perimeter reheat coils. This will allow diverse zones to be served from the same RTU by providing zone controllability(similar to VAV systems). Excess airflow will be bypassed back to the unit through a new bypass damper. This air distribution mode is simpler and more cost effective than VAV systems with the same functionality. Note: this additional measure is justified in this case due to the large load fluctuations associated with a classroom environment. 4. Rebalance airflows to individual rooms based on the engineer's detailed load calculation. The system should be designed by a licensed professional engineer to protect the agency's investment and insure that the system is fully code compliant and properly applied. Phase 2 and Phase 3 recommendations are outlined in the attached TMR report. In addition to HVAC replacement, WCC plans to update lighting throughout the building and train personnel in green building practices. City of Elgin CDBG Application FY 2012-2013 Application Page 34 Well Child Center Target Green HVAC Replacement,Phase 1 Attachment-3a. 3a. Project Benefit There are several benefits to our Target Green-Phase 1 project: • Safer building for 18,500 underserved clients who depend on the 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 18,500 people served annually by Well Child Center and its collaborative partners in the facility are living at or below 185%of the federal poverty level. • Lower utility costs which can be redistributed into patient care. • Reduce our carbon footprint. • The project creates opportunity by allowing the vendor to sustain its workforce or pull an employee(s)from unemployment to complete this work. Please see the attached Economic and Environmental Summaries. City of Elgin CDBG Application FY 2012-2013 Application Page 35 Well Child Center Target Green,HVAC Replacement, Phase 1 Budget, Timeline, and Funding Sources Project Budget Replace RTU-1,2,3 $34,200 Zoning for RTU-3 12,100 Relocate Thermostat 300 Test&Balance Phase 1 Area 2,500 Engineering Cost 3,000 Sub-total (Probable Cost) $52,100 Permit Fees $ 200* Smoke Detector Upgrade 1,300* Grand Total $53,600 *Paid by agency Project Funding Sources We are currently applying for the Kane County Riverboat Fund and Kane County Community Development Fund as well as fundraising from private sources. Project Schedule Analysis and Recommendation Complete Publish Notice to Bidders: October 1,2012 Open Bids: October 9,2012 Award Construction Contract: October 15,2012 Start Improvement Project: October 16,2012 Complete Improvement Project: October. 26, 2012 City of Elgin CDBG Application FY 2012-2013 Application Page 36 WELL CHILD CENTER - BOARD OF DIRECTORS —2010-2011 Officers President: Michael Brown Secretary: Beverly Hopson Vice President/Treasurer: Rita Martin 1_ d Dame Home Address Occupation/Employer Term Expires(Mo/Yr) r Nark Ainley I President June 2013 (W)630-587-7400 GC Realty& Development (F)630-587-7301 796 Bartlett Road (C)630-781-6744 Bartlett, IL 60103 nark@gcrealtyinc.com 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 bob@ticjanitor.com Elgin, IL 60121-0931 Michael Brown 503 Truman's Ct. VP Commercial Banking June 2012 (W) 847-931-3639 Belvidere, IL 61008 The National Bank (F)847-931-0003 1800 McDonough Rd. Suite 210 Michael.Brown(a�thenb.com Hoffman Estates, IL 60192 Diane Donalies 480 Columbia Ave. ' Sherman Hospital June 2012 ! I (W)847-429-8157 I Elgin, IL 60120 934 Center Street ! (H)847-741-5879 Elgin, IL 60120 i ddonalies @gmail.com Melissa Barbosa-Guzman Attorney at Law June 2012 (W)847-741-6180 Ext. 26 169 East Chicago St, (F) 847-741-6159 Elgin, IL 60120 rnbg Iaw@yahoo.com -Michael J.Hillebrenner,P.L., Project Manager June 2013 CPESC Landmark Engineering (C):(224)558-9102 Group, Inc. W: (847)551-5050 X124 2205 Point Blvd., Suite 170 , (Fax): (847)551-1919 Elgin, IL 60123 rnichael_hillebrenner(,yahoo.com Beverly Hopson 264 Spring Cove Dr. Retired Educator June 2012 ` (H)847-531-5212 Elgin,IL 60123 (C) 847-508-0154 bev ro 12002(u�ya h oo.com Rita Martin 355 Algona Avenue Physician's Assistant June 2014 (H)847-697-0293 Elgin, IL 60120 Orthopedic & Spine Surgery (C)847-507-2141 Associates, LTD 2350 Royal Blvd. S. 200 grm355a,sbcgtobal.net Elgin, IL 60123 Angela Landrowski,DDS i General Dentistry June 2013 (W)847-697-2550 1 Peacock Dental 1 (C) 847-682-0444 j 320 N. McLean Blvd I aneetatodtlandrowskinvahoo.com _ I Elgin, IL 60123 , 1 WELL CHILD CENTER- BOARD OF DIRECTORS-2010-2011 Name Home Address Occupation/Employer Term Expires(Mo/Yr Mary Tebeau,RN,BSN,MPH 536 North Tyler Road Retired—Kane County August 2014 (C) 630-584-4247 St. Charles, IL 60174 Health Department- 2009 E Mary.tebeau @sbcglobal.net 1 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 F troth(a�wellchildcenter.org 2 Elgin Sheet Metal Company P.O. BOX 509, SOUTH ELGIN, ILLINOIS 60177 To! 847•742-3486 F ax 347-742-9037 Email e5)rrle.C. ,;,10?cm HEATING & AIR CONDITIONING CONTRACTORS December 12, 2011 Well Child Center 620 Wing Street Elgin. Illinois 601 The following scope describes work for Phase of Replacement of I-1VAC system for Well Child Center. Job Location:620 Wing Street, Elgin. Illinois Replace RTU-1, 2 & 3 Cost of RIt Carrier 48HC with.ECM Motor& curb adaptor to Lennox ..,,S 7,380 Cost of RTI;-2 Carrier 48HC: with ECM Motor&curb adaptor to Lennox 9,460 Cost of RU-3 Carrier 4814C with ECM Motor& curb adaptor to Lennox 0,680 Crane expense S 800 Misc. Materials S 60(1 Labor Cost to Replace Sub Total 'Replace RTU-1,2 & 3) S34.)00 Via Zoning System for RTU-3 1.5)Dampers with Controls 5 6,500 Misc. Duet Materials S Labor Cost far V VT Zoning System. for k it lr 000 Sub total (I/VT Zoning System for RTI„j-3) 512.100 Relocate Thermostat for RTU-2 Misc Materials is; SO Labor Cost for Relocate TherMoStat 2 Hr . S250 Sub Total (Relocate fhermostatt 300 Test & Balance of Phase Area 20 lrs S 2.500 Engineering Cost of Phase i Fea $ 'WOO Total BUDGET for above scope of work for Phase I i Hs S51,100.00 Add: upgrade systems with Smoke Detectors Per Elgin City Code 16 I fn.;t + S 430.00 Not included in above: on above referenced scope of work Permit Costs Wiring of:'Smoke Detector into existing fire alarm system Sperm; insurance requirements of owner difierent than standard Elgin Sheet Metal policy provides, bv Ole cusintliCr COS/Stialt : contract bern,c,,:n rrarla i On Prop41: 111):N;:. revc41:tinon or rwl-dification f.n an*, urne upou aro condnuI fl:wr.n I pS r \n I "“•:,=ratincc t”, L'om,-Yrocr nrkrlor4)k 3,j14 ;i4:a!),.• ;Me c!‘i • Y \ana., • i Fcrz'Eigm Shc:i Mktai Elgin Sheet Metal Company P.O. BOX 509. SOUTH ELGIN, ILLINOIS 60177 1f2,4 847-74 2-3486 Fax 347-742.9037 Erna o e,sync04,aol COST; HEATING & AIR CONDITIONING CONTRACTORS Well Child Center +321) Wing Street Elgin, Illinois 601 The following scope describes work for Phase II of Replacement of HVAC system for Well Child Center. Job Location:620 Wing Street, Elgin, Illinois Replace RTU4„ 53 6 & 10 Cost of R.1-U-4 Carrier 4814C with ECM motor .5 6,600 Cost of R TU-5 Carrier 48111. with ECM motor&curb Adaptor „ _.........„„ 8,100 (..ost of PTi...!-6 Carrier 481-IC with ECM motor S 6,600 Cost of RM.-10 Carrier 481-IC with ECM motor& curb adaptor to franc S 7,380 Crane expense 5 800 Misc. Materials s 800 Labor Cost to R.eplace RTU-4, 5, 6 & 56 S6770 Sub Total (Replace RTU-4, 5,6 & 10) (i-,-47,1 00 Carrier Comfort Zone 11 System for RTti-4& RTU-10 14$ Dampers with Controls for RTLI-4 & Dampers RITI- 0 . ...... S 2000, M Ise. Duct Materials.....„.... ........_...... .........,.......... .. $ 600 Labor Cost for\NT tontni.,„ System ibr RTt :% 4 goo Sub Total. (Comfort Lone H System for RT1;-4 & RTU-10 !K7,400 Relocate Thermostat for RTU-6 Misc Materials S 50 Libor Cost for Relocate Thermostat Sub Total (Relocate Thermostat) 5 300 Test & Balance of Phase 11 Area Hn . ......... ... ........ .... .. S .3.300 Engineering Cost of Phase 11 Area Total BUD [ for above scopç of work for Phase H !vs', S 51,100.00 Add: upgrade systems with Smoke Detectors Per Elgin City Code $ I lrs ±S 1,700.00 Not included in above: Reins not shown on above referenced scope of work Pts:rmit Costs Wiring of Smoke Detector into existing, tire alarm system Special insuramic requirements of owner different than standard Elgin Sheet Metal policy provides. Axcepthoce by Ole;:astc,Irner ccinstlit. comract ho:ween We flames MIN Proposal Is 440414 (444x4 i tcrtIr 3nti onnittn3n,,on hoth of 33 '.I1 by E.Egol Sheet lit oil:pony tl.comumoe Ali ot133N3:ie;:anon,..014iI,., crtirt:.•etV ?ssoc Nan t2 „ vzi..tzo !'al ii3 ,Vros, Elgin Sheet Metal Company RO. BOX 509, SOUTH 1:-LEIN, INUS 60177 T,i a-47-742-3485 Fax 847-742-9037 E man escricolao1.com HEATING & AIR CONDITIONING CONTRACTORS Well Child Center 620 Wing Street Elgin, Illinois 601 The following scope describes work for Phase Hi of Replacement of HVAC system for Well Child Center, Job Location:620 Wing Street, Elgin, Illinois Replace RTU-7‘8 & 9 Cost of RI l)-7 Carrier 48HC with ECM motor S 7,900 ren of R.T1. -8 Carrier 48HC with ECM motor S 6,300 Cost of R1U-9 Carrier 48HC with ECM motor S 6,600 Crane expense ' 800 Misc. Materials 5 51)0 Labor Cost to Replace RTU-7, g& 9 Firs,,1 S 4 800 Sub-iota! (Replace RTU-7,8 & 9) r06 900 Carrier Comfort Zone II System for RTU-7 & RTU-9 121 Dampers with Controls For RTU-4 ez [4] Dampers RTU-10 $ 2.000 Misc. Duct Materials S 600 Labor Cost for Comfort Zone II System for for RTL-7 & 9 $O ir .a... uh fotal (Comfort Zone U System for RTU-7 & ) Relocate Thermostat for RTU-8 Misc Materials 5 Labor Cost thr Relocate Thermostat Sub Total (Relocate Thermostat) S .100 Test& Balance of Phase Ili Area i2 0 ft-s. ...... .......... ...... .......... .......„ $ 2,500 Engineering Cost of Phase UI Area „ .. .. Total BUDGET for above scope of work for Phase ill S 39,500.00 Add: upgrade systems with Smoke Detectors Peri-Agin Cir Code if': -s 5 1.,300.0.0 Not included in above: items not shown on above referenced wope of work Permit Costs. Wiring of Smoke Detector into existing tire alarm system .',;pceial insurance requirements of owner di iferent Man standard Elgin Sheet Meta! policy provides. tr, rht: U' )1U 0 MM)1.13! : 01 U't( 1 0 t4e pat't-St,N Proposal is wvocital icailori a;1•:. ilf11111 WIln`■anii srOndrtItiM MiN prop.waii hy propirs i kir . 10 Slum Maai litkigetK Parcei 06-'1 ....... „ _ .61N Wi,LL CX:N 4...HE4L F1-1 REFERRAL.SERV owthship SC.K0 Exempt ..... — AcE,n/SqE: ;t•zi,) Athirt or 17Y. EC:V-7i SC A AN..20.0S1c059,SQ) Mail in. , Atidre T.1 • Pertliarieat Address - . .-0i1111C!IXF Y • - olii:ge laGIN COLLEGE S(.0 Scnool brliry GA 11..BORM:,; Pan: SSA Site.Control Property Card for Well Child Center,620 Wing St. Elgin,IL 60123 Economic art ,.,:iiv[ronnientai SuminRry Project:Well Child RTU-2 12/14/2011 Prepared By:Elgin Sheet Metal Co 09:32AM Location Buildinginforrnation Country: USA Floor Area: 3475.0 soft State/Province: Illinois Max Cooling Load: 10.0 Tons City: Chicago Max Heating Load: 170.0 MBH Cooling Setpoint 74.0 F. Energy Costs Heating Sewoint 70.0 F Electricity(avg): 0.100 $/kVVri Gas(egg): 0.650 $/Therm Energy Escalation Rate' 3.00 %per yr Baseline Proposed No.of Units: 1 No of Units: 1 Equipment Type: Coolingw/Gas Heating Equipment Type: „ . Cooling w/Gas Heating Equipment Age: . 20 Model/Size: . N/A Refrigerant Type: R22 Refrigerant Type. R410a Rated Cooling Capacity. 10.0 Tons Rated Cooling Capacity: 10.0 Tons Rated EER, 7.00 Btu/W-hr Rated EER• 11.50 BUI/V1/.11r Rated Heating Capacity. „ 200.0 MB1-1 Rated Heating Capacity: 205.0 MBH Steady-state Efficiency: 50.00 % Steady-state Efficiency: 80.00 % Supply Fan Power: 3.00 rip Supply Fan Power: 1.65 hp Economizer: Yes Economizer Yes Vent Rectalm: No DCV Controls. No Unit Cost: 50.00 Unit Cost; 510680.00 Unit In stallationCost: $0.00 unit installationCost: $2000.00 Baseline Proposed Annual Maintenancel-irs . . 4,00 AnnualMaintenance firs: 3.00 Maintenance Labor Rate: 120.00 $/hr Maintenance Labor Rate.. 120,00 Shur Labor Escalation Rate: 3.0 % Labor Escalation Rate. Avg.Annual Repair Cost. 6600.00 Downtime Loss: $0.00 ommercial INV-7 I Roo'.p 2. 6 Page I of 3 ..-,:corgrArrort and ;r-i-irytwwznerlstf:c Project:Well Child RTU-2 12114/2011 Prepared By:Elgin Sheet Metal Co 09:32AM i Year 1 R-22 Cost(Sltb) I R-410a Cost($ilb) Baseline Refr.Leakage(lb) I Proposed Refr.Leakage(lb) 2012 1 10.00-1- 10.06! 11,00 3.15 i 2013 L 10.501 le.00,i 0.00i 1— 2014- 11.00; 10.00: 0.00i 2015 i r. .A •i 3112.00 1060 C00: 2016 13.00 i(.. , 3.i: i 2017 I '14.00 11.00. G.001 3.16 1 2018 : 15,001 12.00! 0.001 3,15! 2019 le.txit— 13.e61. o.00l- 3.16 I 2020 18,001 14.00i 3.15: 0.001 — —— - —3.16 1 2021 1- , 20.00i . 1.5.00: 0.001 . ...= 2.i.1?,-,:cin,v..•.-:-: Ait....-ity511,,,,ii,,,:•-;.E.i.-,;r: Pa)1Xv.i: 1DV4 . 1 U-Yelff(..asil Fiov . . WOO- 200;7- g1'.:,‘N,--,---77-4,IVIr4.-r.,77a fi7,,,IF•6 CM:tr:',7 r:773 fl 4',A1 ,,.....,, 2f.60 -.2'n•::.•:::-.:i 0 fa -cm•::: :.,i. -zow (ft !•?;;;i:11 -WOG 1030 , :::::.-:i• 1 ';',. 4 5 6 7 ii 9 10 — . . , Year u , , ".1 A § ',' i'l IL Year Annual energy savings: $1352.42 Installed cost of proposed equipment: . $12660.00 Annual maintenance and repairsavings: $620.06 installed cost of baseline equipment: , . .,NIA Annual refrigerant savings: . . , 678.80 installed cost differential:, WA fatal annual savings: $2050.92 Amount financed: $0,00 Finance rate: . 6.00 % Payback period: - 6.11 Years Finance terms. 3 years Return on investment 16.37 % Baseline Proposed Powerplant Emissions Powerpiant Etrli.SSIOnS 002. 28172 In CO2. 16735 it NOx: 57 to $02; 146 lb Ozone Depletion Potential(OOP): .0.034 Global VVarming Potential(GVVP). . 1780 ARt Sound Rating: 0 Refrigerant Type. . R22 Total refrigerant leakage 11 lb Commercial INV- ' RooflOP 2.06 Page 2 of 3 C. 2 V 1Prt.siect:Welt Child RTtJ-2 12/14/2011i Prepared Byi Elgin Sheet Metal Co 09:32AMI t,10x- 34 rn S02: 86 ito Ozone Depletion Potential(OOP);. 0000 Global Warming Potential(0VvP): 2000 AR I Sound Rating: . . . 0 Refrigerant Type. R410a Total refrigerant teakage: 31 lb Commerciat INVE$T Rooftop 2.06 Page 3 o 3 Economic and Environmental Summary Project:Weil Cfiitd RTU- 1211412011 I Prepared By:Elgin Street Metal Co 09:21AM1 1.0 Input Summary Section; Bei!ding 1.2:b Location Building Information Country.__ USN Floor Area:_. ._ ._ 1505.0 soil State/Province .. . fff4nois Max Cooling Load:. 5.6 Tons City: Chicago Max Heating Load. 80.0 MSH Cooling Setpaint_.. __.__ 74.0 F Energy Costa Heating Satpoint: 70.0 F Electricity(avg): 0.100 $1krMYs Gas(avg): 0.650 $!Therm Energy Escalation Rate. 3.00 %per yr Rooftop Tab Baseline Proposed No.of Units: 1 No,of Units:. 1 Equipment Typos _ .._ Coofingw/Gas Heating Equipment Type: Cooling wlGasHeating Equipment Age. 20 Modetl9ue:. NIA Refrigerant Typo R22 Ref!igarant Type. R414a Rated Cutting Capacity: 5.0 Tans Rated Ccoting Capacity: 5.0 Tons Rated SEER: 7.00 BtuArd-hr Rated SEER:. 15.20 BtuN1to Rated Heating Capacity 125.0 MOH Rated Heating CdPacity:.. 120.0 MPH AGUE. 50.00 % AFUE: 80.00 `io Soppy Pan Power_ 1.00 np Supply FsOPower. 0.64 MP Economizer: Yea Economizer: Yes Grant Reclaim: No DCV Corttrnis. No Unit Cnst:_ $0.60 Unit Cott: _. $7380.00 Unit InstatiatinnCost $0.00 Unit insla1f31it>rtf;t>at: $2000.00 wi;ren:Ince ab Baseline Proposed Annual Maintenance Hrs: 4.00 Annual Maintenance Hrs: . 3.00 Maintenance Labor Rate: 120.00 S./ht. Maintenance Labor Rate: 120.00 3/hr Labor Escalation Rate: 3.0 % Labor E.scaiatron Rite 3.0 % Avg.Annual Repair Cost. 5500.00 Downtime Loss'. $0.00 C',om menial lNV;,,`Ran X01 '?.[tfi _...._. Page'1'7" Economic and Environmental Summary t Project]Well Child RTL1,-1 12/14/20f I: i Prepared By:Elgin Sheet Metal Co 09:21AM I Ref rigt.sran t.Tab Year i R-22 Cost(Min R-410a Cost(Sfib) 1 Baseithe Ref-.Leakage(tb) I Proposed Refr.Leakage(1641, 2012 10.00i. 10.00' 5.531 1 577 2013 . , 10.50' 10.001 0.001 - . . ._.. , 2014 11.00, 10.00r 0.00, 2015 12.00' 10.50i 0.007' 1 57 ...... ....... 2016 13.00 10.501 0.00r 2017 i 14,00 11.00; 0,00. 1 571 2018 ,• 15.001 12.00. 0.001 .57! , . 21)15 ; 16.00! 13.00 1.57: - 2020 ' 18,001 14.00 •:.57; 2021 20.00F 15.00 000,000000 1.57: .,_ .. . __ ... 2.0 Financial Analysis Section: Payback i 0-YearCash Row 2.ctoo 4c0c, . 30Ui ' a 111111n111 ax - 1-,---. u . -,w6•g=4.3..., :Az :,2,-;-: . 0)4.:0.) . .,,.3"- 04.46,4 1,,i ' .5401 -saa ZIft' •-fiAl - . ., ' - -ma ' -...t..L.A, ......_,..-._.._,.„.___...... .,........_........... . ._. ....... _...,.,.... ''..,.... 2 :3 4 ,. 6 ',' $ V _...„....,. ., .,,. , ,.., Year D , 2 ',. 4 d Cs 7 d Year Annual energy savings: $063-10 installed cost of proposed equipment $9380.00 An wain-ma-0a mance and repair savings; $920.00 installed cost of baseline eqwprnent: .NM Annuatrotrigetant savings $39.30 Insfallea cost di(ferentia?: NIA lotatannual savings: $1312.46 Amount financed: $0.00 f..mance rate: 6.00 % Payback period: 7.01 years Finanw semis: , 3 yeam Return on investment: 14.26 % 3.0 Environment A nelysis Seotforif Etsiseline Proposed Powerplant EmIssione Powerplant ErnirAiOnS. 002 12438 15 002. 0609 It.) NC1,..1 , 28 15 302: ild. 10 Ozone Dame bon Potentiai{MP), 0.034 GlobalWanning Potential G1/15.,) 1700 AR1Sound Rating 0 Refrigerant Type:. . ... .. . , Total refrigerantleekage: 6 in . Contrnerolal INVEST Rooftop 2.06 Pace 2 of 3 Economic and Environmental Summary Project Well Child RTU-1. 12/14/2011 Prepared By:Epin Sheet Metal Co 092 tASM 14 lh S02: 35 lh Ozone Depletion Potential(OOP) 0.000 Global Warming Potential(GWP): 2000 AR:Sound Rating: 0 Refrigerant Type: R410a Total refrigerant leakage: 16 /13 — C;ornmerciel INVEST Rooftop 2,06 Page 3 of k C onornir ''n r :::--rs—r""•'40'.-r,rt t- ' '"•' -,-. .., ...,. 1 o..-..i. :.-foit:AAtos-4,,,:_a: zt.,4•1:61auve.viv ::. Project Well Child RIU-2 12114120111 i Prepared By:Elgin Sheet Metal Co _ 09:27ANI I .1-,1 r,IV.1;:5'11:illai'f::•,::C.',VoLA,.. Location Building information Country-. USA Floor Area. 2590.0 soft State/Province: . .. Om:4s Max Cooling Loao: 7.5 Tons City: Chicago Max Heating Load. 150.0 NISH Cooling Setpoint: 74.0 F Energy Casts Heating Setpoint: 70.0 F Electricity tavg): 0.100 $/kWil Gas(ova .0.650 $ffterm Energy Escalation Rate: 3.00 %per yr Baseline Proposed No.of Units:. . . . 1 No.of Units: I Equipment Type:„ . . Cooling w/Gas Heating Equipment Type: Cooling wiGss Heating EouipmentAge:. 20 ModellSize: N/A Refrigerant Type: R22 Refrigerant Type: R4108 Rated Cooling Capacity: 7.5 Tons Rated Cooling Capacity:. 7.5 Tons Rated EER., . 7.00 BiuiW-hr Rated EER: . 12.00 BlutW-hr Rated Heating Capacity: 200.0 MBH Rated Heating Capacity:. 183.7 MBH , . Steady-state Efficiency: . 60.00 % Steady-state Efficiency; 82.00 % Supply Fan Power: 2.00 hp Supply Fan Power: 1,26 hp Economizer: Yes Economizer Yes Vent Reclaim: No DCV Controls: No Unit Cost . S0.00 Unit Cost: $9480.00 Unit installationCost $0.00 Unit InstallationCost. .$2000.00 8fissfine Proposed Annual Maintenance His: , 4.00 Annual Maintenance Hrs: , 3.00 Maintenance Labor Rate: 120.00 Strir Maintenance Labor lUte: . 120,00 Sim Labor Escalabon Rate 3.0 % Lattot Eseatallon Rate:. . 3.0 Avg.Annual Repair Cost. S500.00 Downtime Loss: „ S0.00 • Commercial IN EST Roo op 2.06 Page 1 of a onorrtm and Eropronmentai Summary I Project:Well Child RTLI-2 12/14/2011i I Prepared By:Elgin Sheet Metal Co 09:27AM I Year i R-22 Cost(Mb) R-410a Cost(Silb) ';"" ...s....e fne Rer.Lekage de) Proposed ReitLeaka o Ob i 2012 1C-10 1C.001 8.25: 2.36 2013 . 10.50 l '10.06; 0.00 2.36'. .... 2014 11,00 10,0 ; 0.00 226. l 2015 --- 12.00! 10.50! coo; 2015 12..601 •..1 1 1.et 4-.; 0.0(2 1.4.0M 0.0ti 1 2.3E1 2017 ,• 2018 „ 15,00; 12.001 C.00; . •- „..... 2019 ' 18.001 13.00 0.00 ,.... 2020 . 18.00' 14.00' 0.00. 2.36 l .....____ ......___ ......_„— 2021 20.00! 15.001 0.00; 228; Pilylat. i 0-YearCashIlinv sma " .41T41,4474. ,47iMi .:. ".:77 :KICZ was :.•-.74 t.t.14 v.V1,:.t;;A:;-o.s.=•.;:q.t.a.;.4 K...1•941„it'W...... ;‘,i'4.,r,(124.,?, o1' P.-; ,f lAt9;1:::::', ,,,,;'8:::$1:,"--t,:.' .g.,,V,• 4.',0•7, 2550 ...,..... fir,:k.,1 -. .20tE !!:•.;:-..,,,,,;: 40) .. „, . . „ . . 2 7 4 5 6 7 8 8 17 Year 0 1 2 3 4 5 9 7 6 9 17 Year Annual energy savings: 61193.75 Installed cost of proposed equipment: . $11460.00 Annual tha intenance,a nei repair savings: .„$620,00 installed cost of baseline equipment. lifn Annua;refrigerant sawn& 658.90 Installed wstdifterenliat . . l41 A lotaiannuat savings' $1872.08 Amount financed $0.08 Finance rate: 6.00 'V: Payback.period: 8.01 Years Finance terms: 3 years Return on entestmen 1: 16.63 % :::.'n V.,:),•:,'7..!,,13..7114Vla,yF.,:::,!':!::■It:7): Baseline Proposed Powerplant Emissions Powerplant Emissions 002: 20398 th 002: 121531b 140x. 41 ib $02: 106 lb Ozone Depletion Potential(ODP): 0.034 Glottal Warming Potential(GWP); 1780 ARI Sound Rating: 0 Refrigerant Type:. . . R22 rota i refrigerant leakage: . e [b. Commercial I NVE8T-frootW'270-r--- Page 2 of 3 Eccnsn d wftonirta St.i rn a-p.fr Project:Welt Child RTU-2 12/14120111 Prepared By Mom Sheet Metal Co 0927AN4 NOx: 25 lb SO2' 6-3 lb Ozone Depletion Potential(ODP)[ 0.000 Global Warming Potential(GWP) 2000 AR I Sound Rattle' 0 Refrigerant Type' R410a Total refrigerantieekage: „ . . 24 t) ,,or-7. --ciaoficp 2.013 Page 3 ot 3 is \ 1 ' - ' VI Well Child eter q HC �qx __ �.F Replacement Study N „. w December 5th , 2011 Y " Tmk Submitted to: E Pt 4 Well Child Center 620 Wing Street 1220 North Fillmore Street,Suite#350 Elgin, L Arlington,VA 22201 703.525.6268 www.tm ren g in.eeri ng.com TM Contents 1.0 PURPOSE: 2 2.0 BACKGROUND AND METHODOLOGY: 3 3.0 HVAC FINDINGS: 3 4.0 HVAC RECOMMENDATIONS 7 4.1 PHASE 1 Recommendations 8 4.2 Phase 2 Recommendations 9 4.3 Phase 3 Recommendations 9 5.0 SUMMARY 10 6.0 APPENDIX A—HVAC BLOCK LOAD CALCULATION 11 7.0 APPENDIX B—ECONOMIC ANALYSIS SUMMARY 12 Page 1 .(k PURPOSE: TM/R Engineering, LLC was retained by Well Child Center to provide a building analysis for the Mechanical (HVAC)services at the Well Child Center facility at 620 Wing Street, Elgin, IL.The building is an approximate 22,500 sf.single-story office building that services the needs of children and families in the Elgin area. I. a - s 1 The building houses various tenants/service providers of varying size and occupancy type. There are administrative-and medical-type tenants occupying the building. It is our understanding that there are two main issues that need to be addressed: 1. Building occupant comfort 2. Tenant utilities billing Page 12 TM 2.0 BACKGROUND AND METHODOLOGY: A site visit was performed on Wednesday,July 7, 2011 at the subject property to become familiar with the existing conditions in the space and do a cursory walk-through to locate thermostats and electrical distribution panels. The inspection was merely visual in nature and did not verify the operation of existing equipment. An additional site visit with personnel from Elgin Sheet Metal (the current HVAC service contractor)to determine HVAC zoning demarcations was conducted on August 13,2011. TM/R constructed a computerized building load calculation and energy model using Trane TRACE 700 software. Trane Air Conditioning Economics,or TRACE'"",is a design and-analysis tool that helps HVAC professionals optimize the design of a building's heating,ventilating,and air-conditioning system based on energy utilization and life-cycle cost. A TRACE model can help establish the peak cooling and heating loads during the planning stage of a building project.At the design development stage,it aids evaluation of energy-saving concepts,such as the effects of HVAC optimization strategies and other measures. 3,0 HVAC FINDINGS: On our initial walk-through, 10 thermostats were located. The number of thermostats located is consistent with the number of roof-mounted HVAC(heating,ventilating and air conditioning)systems as indicated on the roof utilizing Googie Maps and documented by the HVAC contractor(Elgin Sheet Metal) that has been servicing the units. The ten(10)roof-mounted units are as follows: ARI Rated Cooling Age I Mark Make Model Capacity (tons) I (years) RTU-1 Lennox GCS16653125 5 , 20 RTU-2 Lennox GCS16953-200-39 7.5 20 RTU-3 Lennox ! LGA1205H14 10 13 RTIJ-4 , Bryant 580FPU060115AAGA 5 10 RTU-5 i Bryant 580FPU072115AA 6 10 , RTU-6 Bryant 580FPU060115AAGA 5 10 RTU-7 Bryant 580FPU102180AA 8.5 10 RTU-8 Bryant 4 580FPU048115AAGA 4 10 RTU-9 Bryant 580FPU060115AAGA 5 10 RTU-10 American Standard(Trane) Unknown 5 10 Page 13 TM With proper maintenance and care RTUs can have an operating life of approximately 15-20 years. RTU's 1 and 2 and 3 are nearing the end of their recommended service life. RTUs 4 through 10 are right in the middle of their operating life. If they have been maintained properly in the past and continue with a regular maintenance program,the units should be expected to remain operational for another 5 to 10 years. The overall cooling capacity of the existing units is approximately 61 tons. TMR modeled the building in Trane Trace 700 load calculation software to validate the cooling and heating requirements of the building. This calculation confirmed that 61 tons of refrigeration should be adequate to cool the building. The outputs from this model are presented in Appendix A. Each of the existing units is of the Constant Volume (CV) nature. Constant Volume units provide a specific air volume of supply air depending on the capacity of the unit. Typically, units provide approximately 400 cubic feet of air per minute(CFM)per ton of cooling.Therefore,a 5-ton unit supplies approximately 2,000 CFM of heated or cooled air.The unit can only provide that one volume—no more, no less—to the space(s)it serves,thus Constant Volume.The supply fan motor and heating or cooling of the supply air is activated upon a call from its associated thermostat. Once the associated thermostat becomes"satisfied"(meaning:the desired temperature set point is achieved)the supply fan deactivates until the next call for heating or cooling.The unit can either be in heating or cooling mode,but not at the same time.The unit cannot provide hot air to one space and cool air to another space that it serves. None of these units have reheat coils that could be observed. While primitive,this is a typical system for the type and usage of building. Thermostat placement is crucial in maintaining proper temperature in the spaces. Some of the thermostats were noted to be placed in areas that are unoccupied or not in"close proximity"of the area most impacted by temperature fluctuations. Additionally,there is evidence to suggest that the supply air distribution has been adjusted numerous times since the building was originally designed. This has likely caused airflow imbalances in the building resulting in poor comfort control. Changes in space usage over time have also caused supply airflow rates to be inadequate for the space usage. Page I 4 TM Interior Zones and Exterior Zones served by the same RTU . i • . 1- 1 Page 15 TM While the overall cooling capacity available from the ten (10) RTU seems adequate for the building, some of the zones are not sized correctly. When an RTU serves more space than it is designed to serve, considering the usage of the space, it will create cooling or heating shortages. Similarly,when the unit serves less area than it is designed to serve, excess airflow will be delivered to the space causing draftiness and frequent cycling of the fans and compressors. This can cause discomfort and premature aging of the systems. Mark f Capacity Should serve an area Actually serves an area of %Difference (tons) of X sf. X sf. RTU-1 5 2000 1585 21% RTU-2 7.5 3000 2590 14% RTU-3 10 4000 3475 13% RTU-4 5 1600 1365 j 15% RTU-5 6 2400 1745 28% RTU-6 5 2000 1585 j 21% RTU-7 8.5 i 3400 2900 15% RTU-8 4 1600 1755 j 9% RTU-9 5 ) 2000 1740 13% RTU-10 5 2000 3015 50% Differences of up to 15%are probably tolerable and will not result in substantial comfort or equipment cycling issues. However,some of the units are mismatched to the zones they serve by well over 20%. • RTU 1:20 years old and serves one(1)delineated tenant space that is currently unoccupied.The current thermostat location for the unit and tenant is appropriate. The amount of space RTU serves is appropriate for its capacity. • RTU 2: 20 years old and serves a variety of tenants and occupancy types: the administrative offices of Well Child,exam rooms(former VNA space)and some consultation offices.While,the amount of space RTU serves is appropriate for its capacity,the thermostat for this unit is in an office that is not regularly occupied. This unit is serving both interior and perimeter spaces, which is not recommended. • RTU 3: 13 years old and serves a variety of occupancy types: classroom, consultation offices, waiting room, reception, etc. While, the amount of space RTU serves is appropriate for its capacity,this unit is serving both interior and perimeter spaces,which is not recommended.The large classroom should be on its own separate zone. • RTU 4: 10 years old and serves a portion of the new VNA space: reception and exam rooms. While,the amount of space RTU serves is appropriate for its capacity,the thermostat for this unit is in an unoccupied area (the hallway).This unit also serves interior and perimeter spaces, which is not recommended. • Page 1 6 TM • RTU 5: 10 years old and serves a portion of the new VNA space:break room, offices, and exam rooms . While,the amount of space RTU serves is appropriate for its capacity,the thermostat for this unit is located on an internal office that does not "see" the affects of the outdoor conditions on the exterior spaces. This unit also serves interior and perimeter spaces, which is not recommended. • RTU 6: 10 years old and serves two(2)distinct tenants:Aunt Martha's and a portion of the VNA space.While,the amount of space RTU serves is appropriate for its capacity,it is serving two(2) varying tenants and tenant uses: Aunt Martha's, which is primarily an administrative function and the exam rooms of VNA. This unit also serves interior and perimeter spaces,which is not recommended. • RTU 7: 10 years old and serves one distinct tenant, the Dental Office. The amount of space served by this unit is appropriate for its capacity, however, this unit also serves interior and perimeter spaces,which is not recommended. • RTU 8: 10 years old and serves varying uses/tenants. Recently a small tenant has occupied approximately half of the floor area served by this unit, the remaining space is used as a base building break room and a small unoccupied office/storage area.The amount of space served by this unit is slightly over the recommended floor area for the unit's capacity. However, since most of the space is break room and "generally unoccupied", this wouldn't necessarily cause concern.The thermostat for this unit is located within the break room area-which is generally unoccupied.The preferred location for this thermostat would be in the newly occupied space to ensure the regular occupants have control of the temperature in their working space. • RTU 9: 10 years old and serves two (2) distinct tenants: Community Contacts and Head Start. While, the amount of space RTU serves is appropriate for its capacity, it is serving two distinct tenants and it also serves interior and perimeter spaces,neither condition is recommended. • RTU 10: 10 years old and serves vastly different uses: washrooms, exam rooms, a lab, and reception area.The space served by this 5-ton unit is larger than what is recommended for its capacity. ' Al. HVAC RECOMMENDATIONS Ideally, each tenant would have control over their own space temperature settings (thermostat) and each individual variation in use within a tenant space would have further control (zoning). To achieve this, a major overhaul of the existing HVAC system(s) would be required. Larger, VAV (Variable Air Volume) HVAC units with electric reheat along the perimeter are the likely system selection to accomplish this. However, while installation of this type of system would provide many benefits, this project would be expensive and require substantial disruption to the building. To accomplish this, three new air-cooled DX VAV rooftop units would be placed on the roof. The existing rooftop units would be removed and rooftop ductwork would be required to connect each unit Page 1 7 TM to the duct penetrations for several (perhaps 3 or 4) of the existing RTUs. A structural analysis and potentially structural reinforcement would be required to support these large RTUs. Ductwork in the ceiling below would need to be cut in approximately 45 locations to accommodate new VAV boxes. Additional ductwork modifications would stilt be required to group rooms of similar usage onto each zone. The project would also require new electrical feeds to the new RTUs and to each of the perimeter VAV boxes to provide reheat. A new control system would be required as well to synchronize the operation of the RTUs with the VAV boxes and thermostats below. Work would need to be performed on nights or weekends to prevent disturbance to operations and maintain occupant safety. It is the opinion of this engineer that such a project would be prohibitively expensive and complicated for the facility. The proposed recommendations must be sensitive to the operation of the facility, considerate of the facility's capital improvement budget, and seek to maximize the remaining useful service life of the existing equipment. Instead,TMR has provided the following recommendations. This approach is divided into phases that can be more easily managed, funded with less upfront capital, and take advantage of the remaining useful service life of the existing equipment. 1) Replace RTU's 1,2,and 3 with new high efficiency packaged air-cooled DX RTUs similar to Trane Precedent series. Units shall have: • High Efficiency(12.5 to 12.8 EER)Scroll Compressors • Variable speed ECM motors • Economizer controls for energy savings • Hot gas reheat for energy savings during dehumidification mode • UVC Lighting for air sterilization to improve indoor air quality. • Field installed CO2 sensors to monitor CO2 levels and adjust outside air ventilation levels to match demand. During periods of lower occupancy,outside airflow will be reduced • Curb adapters to transition new unit footprint to the existing roof curbs to prevent re-roofing. 2) Relocate Thermostat for RTU-2 to a location that more adequately measures the average zone loads. 3) Convert RTU-3 air distribution to "constant volume bybass" configuration with zone dampers and perimeter reheat coils. This will allow diverse zones to be served from the same RTU by provided zone controllability(similar to VAV systems). Excess airflow will be bypassed back to the unit through a new bypass damper. This air distribution mode is simpler and more cost • effective than VAV systems with the same functionality. Although not quite as efficient as VAV, Page [ 8 TM it is still a huge improvement over the current system and it allows implementation of"small scale"VAV systems;no large RTUs required. As a side note,this additional measure is justified in this case due to the large load fluctuations associated with a classroom environment. 4) Rebalance airflows to individual rooms based on the engineer's detailed load calculation. The system should be designed by a licensed professional engineer to protect the agency's investment and insure that the system is fully code compliant and properly applied. 1) Replace RTU's 4,5, and 6,and 10 with new high efficiency packaged air-cooled DX RTUs similar to Trane Precedent series. Units shall have: • High Efficiency(123 to 12.8 EER)Scroll Compressors • Variable speed ECM motors • Economizer controls for energy savings • Hot gas reheat for energy savings during dehumidification mode • UVC lighting for air sterilization to improve indoor air quality. • Field installed CO2 sensors to monitor CO2 levels and adjust outside air ventilation levels to match demand. During periods of lower occupancy,outside airflow will be reduced • Curb adapters to transition new unit footprint to the existing roof curbs to prevent re-roofing. 2) RTU-10 should be increased in size and minor ductwork modifications should occur to group adjacent interior spaces onto this interior zone unit. Some areas currently served by RTU-4 and RTU-6 will be taken away and these units may be able to be downsized when replaced depending on the final load calculations. 3) Relocate thermostat for RTU-4 to a location that more adequately measures the average zone loads. 4) Rebalance airflows to individual rooms based on the engineer's detailed load calculation. The system should be designed by a licensed professional engineer to protect the agency's investment and insure that the system is fully code compliant and properly applied. 1) Replace RTU's 7,8,and 9 with new high efficiency packaged air-cooled DX RTUs similar to Trane Precedent series. Units shall have: • High Efficiency(12.5 to 12.8 EER)Scroll Compressors Page ( 9 TM • Variable speed ECM motors • Economizer controls for energy savings • Hot gas reheat for energy savings during dehumidification mode • UVC Lighting for air sterilization to improve indoor air quality. • Field installed CO2 sensors to monitor CO2 levels and adjust outside air ventilation levels to match demand. During periods of lower occupancy,outside airflow will be reduced • Curb adapters to transition new unit footprint to the existing roof curbs to prevent re-roofing. 2) Relocate thermostat for RTU-4 to a location that more adequately measures the average zone loads. 3) Rebalance airflows to individual rooms based on the engineer's detailed load calculation. The system should be designed by a licensed professional engineer to protect the agency's investment and insure that the system is fully code compliant and properly applied. SUMMARY. in summary,TMR Engineering identified the need to replace the existing rooftop HVAC units based on the age and condition of the units. This should occur in a phased approach to take advantage of the remaining service life of the existing units and to avoid creating an unmanageable renovation project that will disturb operation of the facility. In addition to RTU replacement,airflows to each space should be rebalanced based on a detailed load calculation. in some cases,thermostats should be relocated as well to improve temperature measurement in the space. According to TMR's computer energy model, implementation of the above measures will result in annual energy savings of approximately$2000.00 per year. Page ( 10 TM 6.0 APPENDIX A - HVAC BLOCK LOAD CALCULATION Page 1 11 • SYSTEM SUMMARY DESIGN COOLING CAPACITIES By TMR Engineering,LLC • Alternative 1 Building Airside Systems and Plant Capacities Peak Plant Loads Block Plant Loads Stg 1 Stg 2 • Time Stg 1 Stg 2 Main Aux Opt Vent Misc Desic Desic Base Peak Of Main Aux Opt Vent Misc Desic Desic Base Block Coil Coil Coll Load Cond Cond Utility Total I Peak Coil Coil Coil Load Cond Cond Utility Total Plant System ton ton ton ton ton ton ton ton !moihr to ton ton ton ton ton ton ton Unassigned Cooling toads 60.5 0.0 0.0 0.0 0.0 0.0 0.0 60.5 ` 0/10 60.5 0.0 0.0 0.0 0.0 0.0 0.0 60.5 System-001 60.5 0.0 0.0 0.0 0.0 0.0 0.0 60.5 1 6116 60.5 0,0 0.0 0.0 0.0 0.0 0.0 605 Building totals 60.5 0.0 0.0 0.0 0.0 0.0 0.0 60.5 60.5 0.0 0.0 0.0 0,0 0.0 0.0 60.5 9uilding peak load is 60.5 tons. Building maximum block load of 60.6 tons occurs In June at hour 16 based on system simulation, • Project Name: TRACEc6'700 v62 7 calculated at 03 57 PM on 12/0312011 aataset Name: Well Child Centectrc Design Capacity Quantities report Page 1 of 1 SYSTEM SUMMARY DESIGN HEATING CAPACITIES By TMR Engineering,LLC Alternative 1 System Coil Capacities Stg 1 Stg 2 Stg 1 Stg 2 Main Aux Optional Desic Desic Frost Frost Heating System System Preheat Reheat Humid. Vent Regen Regen Prevention Prevention Totals System Description System Type Btulh Btulh Btulh Btulh Btulh Btulh Btulh Btulh Btulh Btulh Btulh System-001 Single Zone -508.337 0 0 0 0 0 0 0 0 0 -508.337 Totals -508,337 0 0 0 0 0 0 0 0 0 508,337 Building Plant Capacities Peak Loads Stg 1 Stg 2 Stg 1 Stg 2 Main Preheat Reheat Humid. Aux Opt Vent Misc Desic. Desic. Frost Frost Base Absorption Coil Coll Coil Coil Coll Coil Load Regan. Regen. Prey. Prey. Utility Load • Plant System • MBh MBh MBh MBh MBh MBh MBh MBh MBh MBh MBh MBh MBh Unassigned Heating loads 508 0 0 0 0 0 0 0 0 0 0 0 0 System-001 508 0 0 0 0 0 0 0 0 0 0 0 0 Building peak load Is 508.3 MBh. Project Name: TRACES 700 v6.2.7 calculated at 03:57 PM on 12103/2011 Dataset Name: Well Child Center.trc Design Capacity Quantities report Page 1 of 1 zt I aed SiSNIVNV ONODFI - 1 KIUNaild‘i Wi Economic Summary Project information Location Study Life: 20 years Project Name Cost of Capital:10% User Alternative 1: Existing Condition Company Alternative 2: New Equipment Comments Economic Comparison of Alternatives First Cost Net Present Yearly Savings Difference Cumulative Cash Simple Value Life Cycle Internal Rate of Life Cycle (5) (s) Flow Difference(5) Payback(yrs.) ($) Payback(yrs.) Return(%) Cost Alt 1 vs Alt 2 -2,002 0 -40.041 No Payback -17.045 No Payback Does Not Payback -17,044.7 Annual Operating Costs $20.000 _ —....._ _...._. _ — — $16,000 — — —...__.— $8.000 —..— $4,000 — A Y r' s. a �= Yearly Savings vs Alt 1 Yearly Total Operating Cost Yearly Utility Cost Yearly Maintenance Cost Alt 1 Att2 Yearly Total Yearly Utility Yearly Maintenance Plant Yearly Savings vs Alt 1 Operating Cost($) Cost(5) Cost($) kWhtton-hr Alt 1 0 19.913 19.913 0 0.000 Alt 2 2,002 17,911 17,911 0 0.000 Monthly Utility Costs $2,400 '_.—_— -- — — —�._— — ---. ______ i $2.000 ;--1 —— $1,600 1- -- — — $1200 t — ._ -r- _, i $800 _ ...._ ...:[:-.-., _. 5400 January February March April May June July August September October November December ik Alt 1 Alt 2 Project Name: TRACE 700 6.2.7 Dataset Name: Well Child Center.trc calculated at 06:11 PM on 1 2103/201 1 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. 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; (I) The relocation requirements of Title II and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and the implementing regulations at 24 CFR Part 42, as required under 24 CFR 570.606; (J) The labor standards requirements as set forth in 24 CFR Part 570, Subpart K and HUD regulations issues to implement such requirements; (K) Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 11738 relating to the prevention, control and abatement of water pollution; (L) The flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (Pub. L. 93-234); (M) The Fair Housing Act (42 U.S.C. 3601-20); 5. Its notification, inspection, testing and abatement procedures concerning lead-based paint will comply with 570.608; and 6. When a grant is in excess of $100,000 it will comply with all applicable standards, orders, or requirements issued under Section 308 of the Clean Air Act (42 U.S.C. 1857(h), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulation (40 CFR Part 15), which prohibit the use under nonexempt Federal contracts, grants or loans, of facilities included on the EPA list of Violating Facilities. The provision shall require reporting of violations to the County, HUD, and to the AESOP Assistant Administrator for Enforcement(EN-329). 7. It has developed its application so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight; (the application may also include activities which the SUB-RECIPIENT certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); 8. It is following the current City of Elgin Consolidated Plan which has been approved by HUD pursuant to 570.306; and 9. It will not attempt to recover any capital costs of public improvements assisted in whole or in part with funds provided under Section 106 of the ACT or with amount resulting from a guarantee under Section 108 of the ACT by assessing any amount against properties owned and occupied 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 Secretary 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 BY: ,P4<39\ot Trisha Roth, Executive Director DATE: /1)2=7//�--- ATTEST: Page 19 of 19 ELGIN THE CITY IN THE SUBURBS AGENDA ITEM: F MEETING DATE: November 14, 2012 ITEM: Sub-Recipient Agreement with Well Child Center for 2012-2013 Community Development Block Grant ($52,100) 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 2012-2013 Community Development Block Grant Sub-Recipient Agreement with Well Child Center in the amount of $52,100 to replace three aging, inefficient rooftop HVAC systems with energy efficient units at its 620 Wing Street facility. r BACKGROUND In March 2012, city council allocated just over $339,800 in Community Development Block Grant (CDBG) funds to eight projects. CDBG funds come from the federal government, which uses a population and community need-based formula to distribute money to local communi- ties to provide assistance to low and moderate income persons. The city has participated in the CDBG program since 1975, receiving over$26 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. r Well Child requested and was awarded CDBG funds in 2008 and 2011. The organization has complied with all federal requirements of the CDBG Grant Program and the city's sub-recipient agreements for the previous years. Each year, the projects selected by city council are incorporated into an action plan, which must be approved by the Department of Housing and Urban Development (HUD). Staff submitted the city's 2012-2013 Action Plan in April 2012 (see Attachment A for a copy of the executive sum- mary of the plan). The action plan was approved on June 15, 2012 (see Attachment B for a copy of the letter from HUD). Each applicant must sign an agreement with the city, which outlines the applicant's obligations as a recipient of federal funds. This agreement with Well Child is one of eight agreements for the 2012-2013 program year (see Attachment C for a copy of Well Child's agreement). OPERATIONAL ANALYSIS Well Child will apply this $52,100 towards the cost of replacing the existing three aging, ineffi- cient rooftop HVAC systems with energy efficient ones, at their facility located at 620 Wing Street. INTERESTED PERSONS CONTACTED Well Child was consulted during the creation of the sub-recipient agreement. FINANCIAL ANALYSIS The overall cost of the project is estimated at $53,600. The city's contribution to the project is limited to the $52,100 CDBG grant allocation. Well Child has secured the remaining funds through other federal grants, such as the Illinois Clean Energy Community Foundation. BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT#(S) AMOUNT AMOUNT BUDGETED AVAILABLE CDBG 230-0000-791.93-36 154850 $52,100 $52,100 LEGAL IMPACT None. t f J � 2 ALTERNATIVES The city council may choose not to approve the sub-recipient agreement with Well Child and reallocate the funds to another project. NEXT STEPS 1. Execute a sub-recipient agreement with Well Child. 2. Monitor the bidding and construction process. 3. Process payment as approved by the agreement. 4. Complete review and monitoring of the sub-recipient's clientele file prior to closing out the project to ensure compliance with the national objectives of the program that re- quires service to low-to moderate-income persons. 5. Request and review quarterly reports from the sub-recipient. 6. Submit annual reports to HUD on the sub-recipient's activities. 7. Prepare sub-recipient files for on-site monitoring by HUD prior to closing out the pro- ject. Originators: Denise Momodu, Associate Planner Sarosh Saher, Senior Planner Marc Mylott, Community Development Director Final Review: Colleen Lavery, Chief Financial Officer William A. Cogley, Corporation Counsel/Chief Development Officer Richard G. Kozal, Assistant City Manager/Chief Operating Officer Sean R. Stegall, City Manager ATTACHMENTS A. Executive Summary of the 2012-2013 CDBG Action Plan B. Letter from HUD, dated June 15, 2012 C. Draft Sub-Recipient Agreement with Attachments iii 3 Attachment A EXECUTIVE SUMMARY 4111) The City of Elgin's 2012-2013 Community Development Block Grant (CDBG) Program will receive $695,000 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. These priorities are also in keeping with the National Objective of the program, which requires that the funds benefit low- and moderate- income (LMI) persons, aid in the prevention or elimination of slums or blight, or meet a need having a particular urgency (referred to as urgent need). On March 21, 2012, the Elgin City Council held the Final Public Hearing and approved ten projects for the 2012-2013 Annual Action Plan (a 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 -$292,196 2. CDBG Grant Administration -$63,000 3. PADS Emergency Shelter Program-$50,000 4. Renz Addiction Counseling Center-$33,000 411111) 5. The Larkin Center-$50,600 6. Association for Individual Development- $40,104 7. YWCA of Elgin $60,000 8. Wayside Cross Ministries-$25,000 9. Well Child Center-$52,100 10. Senior Services Associates, Inc.-$29,000 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 2012-2013 CDBG funding. Table 1: Project Performance Measures and Outcomes Consolidated Activity Funding Performance Elgin's Strategic Plan Allocation Measurer Goal Priority Residential Rehabilitation $292,196 DH-3 Quality Housing Housing Grant Program CDBG Grant Administration $63,000 EO-3 Efficient Services Public Service PADS Emergency Shelter $50,000 DH-1 Safe Community Homelessness Renz Addiction Counseling $33,000 SL-3 Economic Growth Public Facility Center The Larkin Center $50,600 SL-3 Economic Growth Public Facility Association for Individual $40,104 SL-3 Neighborhood Public Facility Development Vitality YWCA of Elgin $60,000 SL-3 Economic Growth Public Facility Wayside Cross Ministries $25,000 DH-1 Safe Community Homelessness Well Child Center $52,100 SL-1 Safe Community Public Facility Senior Services Associates, $29,000 SL-1 Alive Downtown Public Service Inc Total CDBG Funds $695,000 Suitable Living Environment (SL), Decent Housing (DH), or Economic Opportunity(EO) and the primary outcome that will result from the project[Availability/Accessibility(1),Affordability(2),or Sustainability(3)). 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 and services, homelessness, and planning and capacity building - will be pursued with 2012-2013 CDBG Program funds. More specifically the priorities are as follows: Priority 1: Housing Preserve existing units throughout the area served by the Consortium. • Residential Rehabilitation Grant Program - $292,196 Priority 2: Infrastructure Provide gap financing for critical infrastructure projects. • No new CDBG activities are proposed during the 2012-2013 program year. • City funds will be used for infrastructure projects. Priority 3: Public Facilities and Public Services 441) Support the construction, rehabilitation, and improvement of public facilities from which human services are provided. Occasionally support public services operated from public facilities when funds have not been designated for capital improvements to those facilities. • Renz Addiction Counseling Center- $33,000 (public facility improvement) • The Larkin Center-$50,600 (public facility improvement) • Association for Individual Development-$40,104(public facility improvement) • YWCA of Elgin -$60,000(public facility improvement) • Well Child Center- $52,100 (public facility improvement) • Senior Services Associates, Inc. - $29,000 (public service) Priority 4: Homelessness Increase the availability of both emergency shelter and transitional housing services and facilities. Support the Kane County Continuum of Care in its efforts. • PADS Emergency Shelter Program -$50,000 • Wayside Cross Ministries Daytime Shelter Program -$25,000 Priority 5: Planning and Capacity Building Support community planning activities that effectively use and leverage resources. • CDBG Grant Administration -$63,000 The City of Elgin has been working effectively with sub-recipients to complete outstanding projects carried over from the previous program years. The following projects are either currently underway or nearing completion: • The Community Crisis Center Interior Remodel Project bidding process will commence in April this year. Construction should begin in the summer. The construction should be completed in the fall and the grant of$36,850 will be expended by December 2012. • In 2011 the City of Elgin expended approximately $381,243 for the rehabilitation of residential properties within its jurisdiction. The funds helped 48 homeowners rehabilitate their existing homes. Due to Elgin receiving a 16.5 percent reduction in federal funding for the 2011-2012 program year, the budget for one project was substantially reduced in excess of $25,000. This reduction necessitates an amendment to the adopted FY 2011 Annual Action Plan, requiring a 30-day public comment period. The public comment period will begin on February 18, 2012 and end on April 16, 2012. In addition to undertaking the 2012-2013 CDBG projects, Elgin will continue to pursue the completion of the following projects from the 2011-2012 CDBG program year: 1. Residential Rehabilitation Grant Program - $270,078 2. Northern Illinois Food Bank New Distribution Center-$75,000 3. Senior Services Associates, Inc. HVAC Replacement - $42,500 411) • 4. PADS Emergency Shelter Program - $50,000 5. Association for Individual Development Energy Upgrades- $53,935 6. Community Crisis Center Interior Rehabilitation &Ventilation- $42,850 7. Well Child Center— Parking Lot Phase 2 - $64,700 8. Wayside Cross Ministries Daytime Shelter Program - $45,060 The following is a list of projects carried over from previous years that were drawn down or completed during the 2011-2012 program year: 1. YWCA Roof Replacement Phase II Project -$8,550 2. Housing Authority of Elgin Elevator Renovation Project - $39,697 3. PADS Emergency Shelter Project- $50,000 4. Community Crisis Center Tuckpointing Project- $22,900 5. Community Crisis Center Basement Remodel Project- $29,620 6. NHS of the Fox Valley Foreclosure Prevention Counseling- $29,750 7. The Ecker Center Elevator Renovation Project-$79,769 8. Association for Individual Development Group Homes Project - $39,243 9. The Ecker Center Retaining Wall Project- $30,838 r Attachment B JUL 1 Q 2012 PTMENTOF US.DEPAR'TMENT OF HOUSING AND URBAN 7S I 11 • 9BN OED° Illinois State Office 77 W.Jackson Blvd. Chicago,Illinois 60604-3507 OFFICE OF COMMUNITY PLANKING&DEVELOPMENT JUN 1 5 2012 Honorable David Kaptain Mayor, City of Elgin Attention: Sarosh Saher Senior Planner 150 Dexter Court Elgin,IL 60120 Dear Mayor Kaptain: SUBJECT: Action Plan Approval and Transmittal of Grant Agreements Program Year 2012 Elgin, Illinois I am pleased to inform you of your community's Fiscal Year(FY)2012 allocations for the Office of Community Planning and Development's(CPD) formula programs, which provide funding for housing,community and economic development activities, and assistance for low-and moderate-income persons and special populations across the country. The City of Elgin's FY 2012 available amount is: Community Development Block Grant(CDBG) $695,016 There are several important program priorities I would like to highlight for the upcoming year. First,the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009 (HEARTH Act) amended the McKinney-Vento Homeless Assistance Act,including major revisions to the Emergency Shelter Grants program,now the Emergency Solutions Grants(ESG)program. HUD published an Interim Rule in the Federal Register on December 5,2011,and it became effective January 4,2012. The Interim Rule establishes requirements for conforming Substantial Amendments to the 2011 and 2012 Annual Action Plans. An amendment to the City's current Consolidated Plan is not required by the Interim Rule. The City must,however, incorporate new HEARTH Act requirements for ESG into any future Consolidated Plan submissions. 3 CPD looks forward to working with you in a true partnership to successfully meet the challenges we face in FY2012. Please contact me if you or your staff have questions or comments. Sincerely, Ray E. Willis Director Funding Approval/Agreement U.S.Department of Housing and Urban Development Title I of the Housing and Community Office of Community Planning and Development Development Act(Public Law 930383) Community Development Block Grant Program HI-00515R of 20515R 1,Name of Grantee(as shown in item 5 of Standard Form 424) 3a.Grantee's 9-digit Tax 3b.Grantee's DUNS Number. 4.Dad use of funds may CITY OF ELGIN ID Number. 010224772 begin(rnmWddtyyyy): 36-6005862 06/01/12 2.Grantee's Complete Address(as shown in item 5 of Standard Form 424) 5a.Project/Grant No.1 6a.Amount Approved 150 DEXTER COURT B-12-MC-17-0011 $695,016 ELGIN,IL 60120 fib.Project/Grant No.2 6b.Amount Approved 5c.Project/Grant No.3 6c.Amount Approved Grant Agreement: This Grant Agreement between the Department of Housing and Urban Development(HUD)and the above named Grantee is made pursuant to the authority of Title I of the Housing and Community Development Act of 1974,as amended,(42 USC 5301 et seq.).The Grantee's submissions for Title I assistance,the HUD regulations at 24 CFR Part 570 (as now in effect and as may be amended from time to time), and this Funding Approval, including any special conditions/addendums,constitute part of the Agreement, Subject to the provisions of this Grant Agreement,HUD will make the funding assistance specified here available to the Grantee upon execution of the Agreement by the parties. The funding assistance specified in the Funding Approval may be used to pay costs incurred after the date specified in item 4 above provided the activities to which such costs are related are caned out in compliance with all applicable requirements. Pre- agreement costs may not be paid with funding assistance specified here unless they are authorized in HUD regulations or approved by waiver and listed in the special conditions to the Funding Approval. The Grantee agrees to assume all of the responsibilities for environmental review,decision making,and actions,as specified and required in regulations issued by the Secretary pursuant to Section 104(g) of Title I and published in 24 CFR Part 58. The Grantee further acknowledges its responsibility for adherence to the Agreement by sub-recipient entities to which it makes funding assistance hereunder available. U.S.Department of Housing and Urban Development(By Name) Grantee Name RAY E. WILLIS DAVID KAPTAIN Title DIRECTOR,COMMUNITY PLANNING&DEV. MAYOR Signature V 9dm/ R v)L fl j Signature ry Date(mmlddlyyyy)4. 1x �. 7.Categ te I Assistance for Funding Action B.Special Conditions 9a.Date HUD Received Submission 10.check one (check only one) (check one) (mm/dd/yyyy) 04/15/11 X a.Orig.Funding E a.Entitlement Sec 106(b) ❑None 9b.Date Grantee Notified Approval ▪b.State-Administered,Sec 106(d)(1) ❑Attached (mmfddlyyyy) ❑b.Amendment ❑c.HUD-Administered Small Cities,Sec 106(d)(2)(B) 9c.Date of Start of Program Year Amendment Number ❑d.Indian CDBG Programs,Sec 106(a)(1) (mmldkilyyyy) 06/01/12 41111) ❑e.Surplus Urban Renewal Funds,Sec 112(b) 11.Amount of Community Development ❑f.Special Purpose Grants,Sec 107 Block Grant FY(12) FY( ) FY( ) ❑g.Loan Guarantee,Sec 108 a.Funds Reserved for this Grantee $695,016 b.Funds now being Approved $695,016 c.Reservation to be Cancelled (11a minus 11b) 12a.Amount of Loan Guarantee Commitment now being Approved 12b.Name and complete Address of Public Agency Loan Guarantee Acceptance Provisions for Designated Agencies: The public agency hereby accepts the Grant Agreement executed by the Department of Housing and Urban Development on the above date with respect to the above grant number(s) as Grantee designated to receive 12c.Name of Authorized Official for Designated Public Agency loan guarantee assistance, and agrees to comply with the terms and conditions of the Agreement, applicable regulations, and other requirements of HUD now or hereafter in effect, pertaining to the Title • assistance provided it. Signature HUD Accounting use Only Effective Date Batch TAC Program Y A Reg Area Document No. Project Number Category Amount (mm/ddlyyyy) F 153 - _- _ 0 I 176 — Y Project Number Amount • L Y Project Number Amount I I I jig) Date Entered PAS(mmldd/yyyy) Date Entered LOCOS(mmldd/yyyy) Batch Number Transaction Code Entered By Verified By 24 CFR 570 form HUD-7082(4/93) Funding Approval/Agreement U.S.Department of Housing and Urban Development Title I of the Housing and Community Office of Community Planning and Development Development Act(Public Law 930383) Community Development Block Grant Program rHI-00515R of 20515R 1.Name of Grantee(as shown in item 5 of Standard Form 424) 3a.Grantee's 9-digit Tax 3b.Grantee's DUNS Number. 4.Date use of funds may CITY OF ELGIN ID Number 010224772 begin(rnm/dd/yyyy): 36-6005862 06/01/12 2.Grantee's Complete Address(as shown in item 5 of Standard Form 424) 5a.Project/Grant No.1 6a.Amount Approved 150 DEXTER COURT B-12-MC-17-0011 $695,016 ELGIN,TL 60120 5b.ProjectlGrant No.2 6b.Amount Approved 5c.Project/Grant No.3 6c Amount Approved Grant Agreement:•This Grant Agreement between the Department of Housing and Urban Development(HUD)and the above named Grantee is made pursuant to the authority of Title 1 of the Housing and Community Development Act of 1974,as amended,(42 USC 5301 et seq.).The Grantee's submissions for Title I assistance,the HUD regulations at 24 CFR Part 570 (as now in effect and as may be amended from time to time), and this Funding Approval, including any special conditions/addendums,constitute part of the Agreement. Subject to the provisions of this Grant Agreement,HUD will make the funding assistance specified here available to the Grantee upon execution of the Agreement by the parties. The funding assistance specified in the Funding Approval may be used to pay costs incurred after the date specified in item 4 above provided the activities to which such costs are related are carried out in compliance with all applicable requirements. Pre- agreement costs may not be paid with funding assistance specified here unless they are authorized in HUD regulations or approved by waiver and listed in the special conditions to the Funding Approval. The Grantee agrees to assume all of the responsibilities for environmental review,decision making,and actions,as specified and required in regulations issued by the Secretary pursuant to Section 104(g) of Title 1 and published in 24 CFR Part 58. The Grantee further acknowledges its responsibility for adherence to the Agreement by sub-recipient entities to which it makes funding assistance hereunder available. U.S.Department of Housing and Urban Development(By Name) Grantee Name RAY E.WILLIS DAVID KAPTAIN Titre DIRECTOR,COMMUNITY PLANNING&DEV. MAYOR Signature `s •�.�1 _ Dat$blr�l�dllgryyr 2012 Signature Date(mmlddlyyyy) 7.Ca o f I I Assistance for this/Funding Action 8.Special Conditions 9a.Date HUD Received Submission 10.check one (check only one) deck one) mm/ddl q"a.Entitlement,Sec 106 0) None ( Grantee 04 Notified X a.Orig.Funding ( ) 9b.Date Grantee Notified Approval b.State-Administered,Sec 106(d))1) 0 Attached (mm/ddin'YY) ❑b.Amendment 0 c.HUD-Administered Small Cities,Sec 106(d)(2)(B) 9c.Date of Start of Program Year Amendment Number 0 d.Indian CDBG Programs,Sec 106(a)(1) (mm/ddlyyyy) 06/01/12 ❑e.Surplus Urban Renewal Funds,Sec 112(b) 11.Amount of Community Development f.Special Purpose Grants,Sec 107 Block Grant FY(12) FY( ) FY( g.Loan Guarantee,Sec 108 a.Funds Reserved for this Grantee $695,016 b.Funds now being Approved $695,016 c.Reservation to be Cancelled (11a minus 11b) 12a.Amount of Loan Guarantee Commitment now being Approved 12b.Name and complete Address of Public Agency Loan Guarantee Acceptance Provisions for Designated Agencies: The public agency hereby accepts the Grant Agreement executed by the Department of Housing and Urban Development on the above date with respect to the above grant number(s) as Grantee designated to receive 12c.Name of Authorized Official for Designated Public Agency loan guarantee assistance, and agrees to comply with the terms and conditions of the Agreement, applicable regulations, and other requirements of HUD now or hereafter in effect, pertaining to the Title assistance provided it. Signature HUD Accounting use Only Effective Date Batch TAC Program Y A Reg Area Document No. Project Number Category Amount (mm/dd/yyyy) F - 1 5 3 " —' 1 76 _ _ - - - — r Project Number Amount — I I Y P • ct Number Amount I Date Entered PAS(mmidd/yyyy) Date Entered LOCCS(mm/dd/yyyy) Batch Number Transaction Code Entered By Verified By 24 CFR 570 form HUD-7082(4/93) Funding Approval/Agreement U.S.Department of Housing and Urban Development Title I of the Housing and Community Office of Community Planning and Development Development Act(Public Law 930383) Community Development Block Grant Program HI-00515R of 20515R 1.Name of Grantee(as shown in item 5 of Standard Form 424) 3a.Grantee's 9-digit Tax 3b.Grantee's DUNS Number. 4.Date use of funds may CITY OF ELGIN ID Number. 010224772 begin(ntmfddtyyyl'): 36-6005862 06/01/12 2.Grantee's Complete Address(as shown in Item 5 of Standard Form 424) 5a.Project/Grant No.t 6a.Amount Approved 150 DEXTER COURT B-12-MC-17-0011 $695,016 ELGIN,IL 60120 5b.Project/Grant No.2 6b.Amount Approved 5c.Project/Grant No.3 6c.Amount Approved Grant Agreement: This Grant Agreement between the Department of Housing and Urban Development(HUD)and the above named Grantee is made pursuant to the authority of Title I of the Housing and Community Development Act of 1974,as amended,(42 USC 5301 et seq.).The Grantee's submissions for Title I assistance,the HUD regulations at 24 CFR Part 570 (as now in effect and as may be amended from time to time), and this Funding Approval, including any special conditions/addendunvs,constitute part of the Agreement. Subject to the provisions of this Grant Agreement,HUD will make the funding assistance specified here available to the Grantee upon execution of the Agreement by the parties. The funding assistance specified in the Funding Approval may be used to pay costs incurred after the date specified in item 4 above provided the activities to which such costs are related are carried out in compliance with all applicable requirements. Pre- agreement costs may not be paid with funding assistance specified here unless they are authorized in HUD regulations or approved by waiver and listed in the special conditions to the Funding Approval. The Grantee agrees to assume all of the responsibilities for environmental review,decision making,and actions,as specified and required in regulations issued by the Secretary pursuant to Section 104(g) of Title I and published in 24 CFR Part 58. The Grantee further acknowledges its responsibility for adherence to the Agreement by sub-recipient entities to which it makes funding assistance hereunder available. U.S.Department of Housing and Urban Development (By Name) Grantee Name RAY E.WILLIS DAVID KAPTAIN Title DIREC OR,COMMUNITY PLANNING&DEV. MAYOR Signature X`_ � ... . Date_(m_mldd )� 2012 Signature Date(mmlddlyyyy) 7.Category of itle I Assistance for this Funding Acton 8.Special Conditions 9a.Date HUD Received Submission 10.check one (check only one) (check one) (mmlddlyyyy) 04/15/11 X a.Orig.Funding ❑a.Entitlement,Sec 106(b) ❑None 9b.Date Grantee Notified Approval ❑b.State-Administered,Sec 106(d)(1) p Attached (mmldd/yyyy) ❑b.Amendment ❑c.HUD-Administered Small Cities,Sec 106(d)(2XB) 9c.Date of Start of Program Year Amendment Number ❑d.Indian CDBG Programs,Sec 106(a)(1) (mm/ddlyyyy) 06/01/12 ❑e.Surplus Urban Renewal Funds,Sec 112(b) 11.Amount of Community Development ❑f.Special Purpose Grants,Sec 107 Block Grant FY(12) FY( ) FY( ) ❑g.Loan Guarantee,Sec 108 a.Funds Reserved for this Grantee $695,016 b.Funds now being Approved $695,016 c.Reservation to be Cancelled (11a minus 11b) 12a.Amount of Loan Guarantee Commitment now being Approved 12b.Name and complete Address of Public Agency Loan Guarantee Acceptance Provisions for Designated Agencies: The public agency hereby accepts the Grant Agreement executed by the Department of Housing and Urban Development on the above date with respect to the above grant number(s) as Grantee designated to receive 12c,Name of Authored Official for Designated Public Agency Ioan guarantee assistance, and agrees to comply with the terms and conditions of the Agreement, applicable regulations, and other requirements of HUD now or hereafter in effect, pertaining to the Title • assistance provided it. Signature HUD Accounting use Only Effective Date Batch TAC Program Y A Reg Area Document No. Project Number Category Amount (mmlddlyyyy) F 153 _ _ 00 _ — 176 — YY Project Number Amount 0 i Y Project Number Amount L Date Entered PAS(mrrddd/yyyy) Date Entered LOCCS(mm/ddlyyyy) Batch Number Transaction Code Entered By ' Verified By 24 CFR 570 form HUD-7082(4/93) Attachment C AGREEMENT BETWEEN THE CITY OF ELGIN AND WELL CHILD CENTER, INC. This AGREEMENT is entered into as of the day of , 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. rik II. SCOPE OF THE PROJECT A. SUB-RECIPIENT hereby agrees to perform, in a timely fashion, the activities provided for herein, and those previously defined in the application and project description dated December 16, 2011, submitted by the SUB-RECIPIENT entitled "Target Green — HVAC Replacement Phase 1 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)2012-2013. B. All funding provided to SUB-RECIPIENT shall be used solely to replace the existing three aging, inefficient rooftop HVAC units with energy efficient ones at the Well Child Center's facility at 620 Wing Street, Elgin, Illinois,. About 18,500 low and moderate- income Elgin families will benefit from the Center's program in its 2012-2013 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 the replacement of the existing outdated HVAC systems 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 41)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 staffs 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 1. 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 s` and ending on May 31st of the following year. The quarterly progress report shall be submitted until the completion of the project or until directed to discontinue such reports in writing by the CITY. Page 2 of 19 2. Quarterly progress reports shall be due on the 10th 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-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. 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. (Ink III. AMOUNT AND TERMS OF GRANT Page 3of19 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$52,100 (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. 154850 and Account No. 230-0000-791.93-36 in the amount of $52,100, which identifying numbers shall be used by SUB-RECIPIENT on all payment requests. C. In the event the services identified in Section II, Scope of the Project of this Agreement or other eligible services for low and moderate income individuals and households are no longer provided at the 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 shall 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 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 4111)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 opportunity compliance including equal employment opportunity certification with Page 4 of 19 ("6' 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 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. 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." S.UB-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. 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, Page 5 of 19 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 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 141) appropriate or necessary and upon such terms as may be acceptable to SUB-RECIPIENT. B. Administration of any subcontracts by the SUB-RECIPIENT shall be in conformance with 24 CFR Part 570.200(d)(2)and Part 85.36. VI. SUB-RECIPIENT'S AUTHORIZATION TO ACCEPT PROPOSALS A. After the CITY has received notification that funds for the PROJECT have been released by HUD, the SUB-RECIPIENT shall be authorized to accept the proposal of any subcontractor for the PROJECT. VII. BILLING PROCEDURE A. Upon release of Grant Funds by HUD for the PROJECT, the CITY shall make disbursements to the SUB-RECIPIENT as either reimbursement for advances made by SUB-RECIPIENT or as advances for specific cash requirements of SUB-RECIPIENT for the PROJECT. All claims of SUB-RECIPIENT, whether for reimbursement or advancement, shall comply with the following requirements: 1. SUB-RECIPIENT shall submit a listing of all disbursements of CDBG funds, on a form provided by the CITY; Page 6 of 19 2. Any claim for advancement of CDBG funds shall be limited to an amount necessary for SUB-RECIPIENT to meet specific cash requirements for the PROJECT and shall be disbursed by SUB-RECIPIENT within three (3) working days of receipt by SUB-RECIPIENT; 3. Any request for reimbursement or advancement pertaining to work under contracts from the SUB-RECIPIENT shall include the following: a. For interim payments to contractors and subcontractors, certification that the work for which payment is requested has been performed and is in place and to the best of SUB-RECIPIENT'S knowledge, information and belief that, the quality of such work is in accordance with the contract and subcontracts, subject to: (i) any evaluation of such work as a functioning PROJECT upon substantial completion; (ii) the results of any subsequent tests permitted by the subcontract; and(iii) any defects or deficiencies not readily apparent upon inspection of the work; and b. For final payment, certification that the work has been performed in a satisfactory manner and in conformance with the contract. 4. Processing of all requests for payment shall be contingent upon the submission of the required documentation by the contractor and subcontractor to the CITY that fully complies with federal labor standards, uniform relocation act or any other applicable federal, state, or local statutes,rules or regulations. 5. SUB-RECIPIENT shall forward to CITY all billings, vouchers, and other documents representing any accounts payable, in such timely and reasonable manner as both parties shall determine; provided, however, that in no event shall such documents be forwarded to CITY later than twenty-one (21) days after SUB-RECIPIENT'S receipt of such documents. 6. SUB-RECIPIENT shall cooperate with the CITY to facilitate the maintenance of financial records by the CITY as required by Title 24 CFR 85. B. Upon submission of an acceptable claim for Grant Funds, CITY shall process such claim and shall approve such claim for payment following approval by the City's Community Development Department, for compliance with this Agreement and applicable HUD requirements. C. Except as provided for in Section IX and X herein, CITY shall pay all required payments against eligible project costs, as described in Section II.B, incurred by SUB-RECIPIENT under this Agreement. VIII. ADMINISTRATION AND REPORTING REQUIREMENTS A. SUB-RECIPIENT shall administer the Grant Funds in conformance with the regulations, policies, guidelines and requirements of OMB Circular numbers A-110, A-122, and A- 133, as they relate to the acceptance and use of federal funds for the PROJECT. ell16‘ Page 7 of 19 B. SUB-RECIPIENT shall submit all required information to show compliance with 4111) 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 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. 41) Page 8 of 19 D. SUB-RECIPIENT shall transfer to the CITY any unused CDBG funds and submit all billings attributable to this Project at the time this Agreement terminates or is suspended. X. REMEDIES A. To the fullest extent permitted by law, SUB-RECIPIENT agrees to and shall indemnify, defend and hold harmless the CITY, its officers, employees, boards and commissions from and against any and all claims, suits, judgments, costs, attorneys fees, damages or any and all other relief or liability arising out of or resulting from or through, or alleged to arise out of, any breach of this Agreement; misuse or misapplication of funds derived pursuant to this Agreement by SUB-RECIPIENT; violation of any statutes, rules and regulations, directly or indirectly, by SUB-RECIPIENT and/or any of its agents or representatives; or any negligent acts or omissions of SUB-RECIPIENT or of SUB- RECIPIENT'S officers, employees, agents or subcontractors. In the event of any action against the CITY, its officers, employees, agents, boards or commissions covered by the foregoing duty to indemnify, defend and hold harmless, such action shall be defended by legal counsel of CITY'S choosing. The provisions of this paragraph shall survive any termination and/or expiration of this Agreement. B. In the event of loss of approved Grant Funds for the PROJECT as a result of any violation or breach of this Agreement by the CITY, misuse or misapplication of funds received from HUD unrelated to the PROJECT, or any violation of the statutes, rules and regulations of HUD, directly or indirectly, by CITY and/or any of its agents or representatives, CITY'S liability to SUB-RECIPIENT shall be limited to any funds which have previously been provided to sub-recipient pursuant to this Agreement. SUB- RECIPIENT hereby waives and releases CITY from any and all other liability pursuant to any such breach, misuse, misapplication or violation of statutes, rules or regulations. C. In the event HUD, or any other federal agency, makes any claim which would give rise to invoking the remedy provisions, as set forth in paragraph A or B of this Section X, then the CITY or SUB-RECIPIENT shall immediately notify the other party, in writing, providing the full details of the alleged violation. To the extent that any such matter is not subject to exclusive federal jurisdiction, venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this Agreement between the CITY and SUB-RECIPIENT shall be in the Circuit Court of Kane County, Illinois. D. In addition to any remedies available to the CITY, if CITY has lost or been prevented from receiving any federal funds, other than the Grant Funds, as a result of any alleged violation of law or other breach of this Agreement by SUB-RECIPIENT, the SUB- RECIPIENT shall repay, upon demand by the CITY, such amount of Grant Funds previously disbursed or allegedly due to the SUB-RECIPIENT. XI. TIMELINESS A. Time is of the essence of this Agreement. SUB-RECIPIENT shall meet the schedule deadlines listed below. Any milestone which the SUB-RECIPIENT does not achieve within two months of the date listed will result in the SUB-RECIPIENT submitting a revised implementation schedule for approval by the City's Community Development Page 9 of 19 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. AMENDMENTS - This Agreement constitutes the entire Agreement between the parties hereto. There are no other agreements, either oral or implied, between the parties hereto regarding the subject matter hereof. Any proposed change in this Agreement shall be submitted to the other party for prior approval. No modifications, additions, deletions, or the like, to this Agreement shall be effective unless and until such changes are executed, in writing,by the authorized officers of each party. B. SUBJECT TO FINANCIAL ASSISTANCE AGREEMENT - This Agreement is made subject to financial assistance agreements between the CITY and the United States 41111) Page 10 of 19 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 Kane 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 BY: Sean R. Stegall City Manager DATE: ATTEST: Kimberly Dewis City Clerk SUB-RECIPIENT: Well Child Center 620 Wing Street,Elgin, Illinois 60123 BY: Trisha Roth Executive Director DATE: °I11) ATTEST: 411, Page 12 of 19 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. 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; (I) The relocation requirements of Title II and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and the implementing regulations at 24 CFR Part 42, as required under 24 CFR 570.606; (J) The labor standards requirements as set forth in 24 CFR Part 570, Subpart K and HUD regulations issues to implement such requirements; (K) Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 11738 relating to the prevention,control and abatement of water pollution; (L) The flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (Pub. L. 93-234); (M) The Fair Housing Act(42 U.S.C. 3601-20); 5. Its notification, inspection, testing and abatement procedures concerning lead-based paint will comply with 570.608; and elmk 6. When a grant is in excess of $100,000 it will comply with all applicable standards, orders, or requirements issued under Section 308 of the Clean Air Act (42 U.S.C. 1857(h), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulation (40 CFR Part 15), which prohibit the use under nonexempt Federal contracts, grants or loans, of facilities included on the EPA list of Violating Facilities. The provision shall require reporting of violations to the County, HUD, and to the AESOP Assistant Administrator for Enforcement(EN-329). 7. It has developed its application so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight; (the application may also include activities which the SUB-RECIPIENT certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); 8. It is following the current City of Elgin Consolidated Plan which has been approved by HUD pursuant to 570.306; and 9. It will not attempt to recover any capital costs of public improvements assisted in whole or in part with funds provided under Section 106 of the ACT or with amount resulting from a guarantee under Section 108 of the ACT by assessing any amount against properties owned and occupied 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 rik 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. 4111) 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 Secretary 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 BY: Trisha Roth, Executive Director DATE: ATTEST: ruk Page 19 of 19 Ili i ELGIN THE CITY IN THE SUBURBS" DATE: December 18, 2012 TO: Sarosh Saher, Senior Planner FROM: Jennifer Quinton, Deputy City Clerk SUBJECT: Resolution No. 12-193 Adopted at the December 14, 2012, Council Meeting Enclosed you will find the agreement listed below. Please distribute this agreement to the other party and keep a copy for your records if you wish. If you have any questions please feel free to contact our office 847-931-5660 and we will do our best to assist you. Thank you. • Community Development Block Grant Sub-Recipient Agreement with Well Child Center, Inc. for HVAC Replacement