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HomeMy WebLinkAbout02-312 Resolution No. 02-312 RESOLUTION AUTHORIZING EXECUTION OF A SUBRECIPIENT AGREEMENT WITH THE COMMUNITY CRISIS CENTER, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, Interim City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Subrecipient Agreement on behalf of the City of Elgin with the Community Crisis Center, Inc . for window replacements at its facility at 37 S . Geneva Street, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: September 11, 2002 Adopted: September 11, 2002 Omnibus Vote : Yeas : 6 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk SUB-RECIPIENT AGREEMENT BETWEEN THE CITY OF ELGIN,AND COMMUNITY CRISIS CENTER,INC. B-17-02-MC-0011 THIS AGREEMENT is made and entered into this 11th day of September, 2002 by and between,COMMUNITY CRISIS CENTER,INC.,a not-for-profit corporation incorporated pursuant to the laws of the State of Illinois,(hereinafter referred to as the"Sub-recipient"),and the CITY OF ELGIN,Illinois,an Illinois municipal corporation,(hereinafter referred to as the"Grantee"or"City"). WHEREAS,Grantee has applied for and received funds from the United States Government pursuant to Title I of the Housing and Community Development Act of 1974,Public Law 93—383,as amended; and WHEREAS, Sub-recipient provides temporary shelter and social service programs for persons whose income falls at or below 80%of the median family income; and WHEREAS,Sub-recipient's emergency shelter facility is located at 37 S.Geneva St.,Elgin, IL 60120 (herein referred to as the"Building"); and WHEREAS,Grantee has determined it to be in its best interest to enter into this Agreement with Sub-recipient to assist Grantee in utilizing CDBG funds totaling $40,000.00 in 2002 CDBG capital funds to replace existing windows with energy efficient,historically correct windows in order to provide a safe and comfortable environment for the persons utilizing the facility. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein,the sufficiency of which is hereby acknowledged,the parties hereby agree as follows: 1. Statement of Work A. Activities The Sub-recipient's performance of all the following activities must be performed in a satisfactory manner. Whether performance is satisfactory is determined by the Grantee in its sole discretion. Should Sub-recipient not perform in a satisfactory manner,including but not limited to adhering to the Project Schedule detailed in Section 1C,as solely determined by the Grantee,Grantee may terminate the Agreement and pursue any remedies provided by law including but not limited to suits for breach of contract,or for reimbursement of any and all money paid to Sub-recipient by Grantee. Sub-recipient shall provide services to families whose income falls at or below 80%of the area median income. Sub-recipient will be allocated a total of$40,000.00 in Program Year 2002-2003 funds for the renovation of the building. CDBG funds shall be used for the following; 1. The replacement of attic and basement windows with energy efficient and historically correct windows. 2. Other costs associated with the above activities as are consistent with the scope and intent of the PROJECT and are pre-approved by the Planning and Neighborhood Services Department. Sub-recipient shall perform their activities in a manner satisfactory to Grantee and consistent with any standards required as a condition of providing these funds and shall comply with all applicable Federal, state, and local statutes, rules and regulations governing such CDBG funds and in accordance with the Project Schedule set forth in Section 1C herein. Such project will include the following activities eligible under the CDBG Program: Activity#1: Sub-recipient and Grantee shall oversee progress of the building renovation. Completed building improvements shall be approved by the Sub-recipient in writing, prior to the City of Elgin's release of payment to the contractor. Grantee shall inspect and approve completed building improvements prior to release of payment to the contractor. Activity#2 Sub-recipient shall submit monthly Construction/Progress Reports to Grantee each month,reporting on the status of the project in relation to the Project Schedule. The reports shall begin upon the signing of the Agreement and shall continue until the project is closed out. The Sub- recipient shall use a form provided by the Grantee and shall include all required information about the clients served each month(by race and the number of female headed households). Activity#3: Sub-recipient shall maintain records in accordance with Section 2 of this Agreement and shall submit semiannual statements to the grantee documenting number of clients and female-headed households served, as required by the U.S.Department of Housing and Urban Development. B. Eligibility and National Objectives Community Crisis Center, Inc. certifies that the activities undertaken pursuant to this Agreement will be implemented in accordance with CDBG eligibility and national objectives criteria. Sub-recipient is eligible to receive CDBG funds pursuant to 570.208(a)(2)(B)for improving public facilities which,upon completion,will provide a safer and healthier facility for low and moderate income persons. Rehabilitation of public facilities is eligible for CDBG funding pursuant to 570.201 (c). Labor,materials and other costs of rehabilitating properties,including repair directed toward an accumulation of deferred maintenance,replacement of principal fixtures and components of existing structures and renovation through alterations, additions to or enhancement of existing structures may be undertaken. Community Crisis Center,Inc.will need to provide documentation that at least 51% of the clients are low and moderate income households. Documentation will need to be provided showing family size and income(see exhibit A). C. Project Schedule Time is of the essence. Sub-recipient will be responsible for meeting 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 Planning and Neighborhood Services staff. Failure to achieve these deadlines may result in the loss or reduction of grant funds. Milestones Date 1. Final drawings completed 7/02 2. Submit request for Bids 10/02 3. Award a Contract 10/02 4. Construction/Clientele reports Submit monthly beginning 9/11/02 through construction completion and due to Grantee on the first on each month thereafter. Submit Clientele reports semiannually thereafter, March 11 and September 11 th until 2007. D. Budget 1. Sub-recipient expenditures are not to exceed the following budget as provided by the City of Elgin through the Community Development Block Grant Program: Line Item: Amount: Renovation: Materials and Labor $40,000.00 Total Project Budget $40,000.00 2. For final payment work will have been performed in a satisfactory manner and in conformance with the contract. 2. Records and Reports A. Types and Schedules Sub-recipient certifies that it will make all records pertaining to this Agreement available to the Grantee, U. S. Department of Housing and Urban Development, Comptroller General of the United States,or any of their duly authorized representatives,until such time as they are no longer required under this Agreement. Sub-recipient shall maintain the following records which are necessary to guarantee project eligibility and for reporting/monitoring purposes. Sub-recipient will retain all records pertinent to this Agreement for a period of 5 years from the date of this Agreement, starting 9/11/02 and ending 9/11/07. B. Invoices and Payments Grantee will maintain financial management of the program. Payments to contractor(s) will be processed by Grantee upon approval of Sub-recipient and after submittal of timesheets from contractors. 3. Uniform Administrative Requirements Sub-recipient certifies that they will comply with applicable administrative requirements as set forth in 24 CFR part 570.502(b)(see Exhibit B). These specifically include: 1. OMB Circular A-110, "Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations", implemented at 24 CRF Part 84(see Exhibit C). 2. OMB Circular A-122 "Cost Principles for Non-Profit Organizations"(see Exhibit D). 3. OMB Circular A-133 "Audits of Institutions of Higher Education and Other Non-profit Institutions" (see Exhibit E). 4. Other Program Requirements Sub-recipient will conduct activities authorized under this Agreement in compliance with all Federal laws and regulations described in 24 CFR Part 570, Subpart K (see Exhibit F). They may not, however,assume Grantee's environmental responsibilities described at 570.604 or assume Grantee's responsibility for initiating reviews required pursuant to 24CFR Part 52 (see Exhibit G). The applicable laws and regulations include: 570.600 General. 570.601 Public Laws 88-352/90-284; affirmatively furthering fair housing;Exec. Order 11063. 570.602 Section 109 of the Act. 570.603 Labor Standards. 570.604 Environmental Standards. 570.605 National Flood Insurance Program. 570.606 Displacement,relocation, acquisition,and replacement of housing. 570.607 Employment and contracting opportunities. 570.608 Lead-based paint. 570.609 Use of debarred, suspended,or ineligible contractors or sub-recipients. 570.610 Uniform administrative requirements and cost principles. 570.611 Conflict of interest. 570.612 Executive Order 12372. 570.613 Eligibility restrictions for certain resident aliens. 5. Suspension and Termination of Agreement This Agreement may, in accordance with the provisions of 24 CFR Part 85.43, be suspended or terminated by Grantee if Sub-recipient materially fails to comply with any term of this award. The award may also be terminated for convenience,in writing,by either Grantee or Sub-recipient,pursuant to 24 CFR Part 85.44,providing a minimum of 30 days prior notice. The Sub-recipient shall repay to the Grantee all funds used for ineligible activities, further described below. 6. Reversion of Assets In the event the services identified in 1. Statement of Work of this Agreement or other eligible services for low and moderate income individuals are no longer provided at the Buildings due to actions by Community Crisis Center,Inc.,Community Crisis Center,Inc.shall reimburse the U.S.Department of Housing and Urban Development or the City for all CDBG funds expended for the renovation activities made with CDBG funds in an amount equal to 6.7%for each year and portion of each year remaining on the five-year useful life of the building improvements. The compliance period begins on the date of this agreement. This provision shall not be construed as limiting the Grantee from asserting any claims against Community Crisis Center,Inc.for the breach of any other terms of this Agreement. Upon project completion as specified in 1. Statement of Work, any remaining CDBG project funds shall be available for reallocation by the Grantee 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 Grantee all funds used for ineligible activities. A minimum of 51%of the persons served on an annual basis shall be at or below 80%of the Median Family Income contained in Exhibit A in order for the Sub-recipient to maintain eligibility for the CDBG funds provided for herein. Said income levels shall be updated and revised annually to conform to levels set by the U.S.Department of Housing and Urban Development. Failure to meet the aforementioned minimum 51%threshold shall require Sub-recipient to reimburse Grantee for funds expended,in whole or in part, for renovation activities. 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 Grantee. 7. Indemnification To the fullest extent permitted by law,Sub-recipient agrees to indemnify,defend and hold harmless the City, its officers, employees, boards and commissions from and against any and all claims, suits, judgments,costs,attorney's fees,damages or other relief arising out of or resulting from or through or alleged to arise out of any reckless or negligent acts or omissions of Sub-recipient's officers,employees or agents in the performance of this Agreement. In the event of any action against the City,its officers, employees, agents,boards or commissions covered by the foregoing duty to indemnify,defend and hold harmless, such action shall be defended by legal counsel of the City's choosing. 8. Severability 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 enforceable for any reason, the remainder of this agreement shall remain in full force and effect. 9. Independent Contractor Status This Agreement shall not be construed so as to create a partnership,joint venture,employment or other agency relationship between the parties. 10. Choice of Law This Agreement shall be subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane County, Illinois. 11. No Personal Liability No official, director, officer, agent or employee of the City shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement. 12. Period of Applicability This Agreement will be in full force and effect from September 11,2002 through September 11,2007 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year written above. CITY OF ELGIN By: Olufemi Folarin • Interim City Attest: Dolonna ecum City Clerk Community Crisis Center,Inc. Gretchen Vapnar Executive Director Exhibit A: Year 2002 HUD Income Guidelines and Fair Market Rents Exhibit B: 24 CFR part 570.502 (b) Exhibit C: 24 CFR 84 Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non- Profit Organizations Exhibit D: OMB Circular A-122 Cost Principles for Non-Profit Organizations Exhibit E: OMB Circular A-133 Audits of Institutions of Higher Education and Other Non-Profit Institutions Exhibit F: 24 CFR Part 570, Subpart K-Other Program Requirements Exhibit G: 24 CFR 52 Intergovernmental Review of HUD Programs and Activities • ,c` I OF ' ' _G - \� City of Elgin Agenda Item No. �K\�r -'irir[orct' E '{ _ G I August 23 , 2002 N lb V QUALITY HOUSING TO: Mayor and Members of the City Council FROM: Olufemi Folarin, Interim City Manager SUBJECT: Community Crisis Center, Inc. Community Development Block Grant Sub-Recipient Agreement PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information regarding the Sub- Recipient Agreement between the City of Elgin and Community Crisis Center, Inc. BACKGROUND The Community Crisis Center is a not-for-profit organization which provides temporary shelter for women who are victims of domestic violence or homelessness . The facility has a capacity of sheltering 40 women and children. The average stay for most women is approximately fourteen (14) days with some women staying the maximum time limit of six (6) weeks . The Community Crisis Center applied for Community Development Block Grant (CDBG) funds in 2002 . The funding was approved by the City Council in March, 2002 and implemented into the 2002 Annual Updated Action Plan. The plan was submitted to HUD and approved in May of 2002 . Community Crisis Center was allocated a total of $40, 000 in CDBG funds from the 2002 Program Year. The funds will be utilized to replace existing windows with energy efficient, historically correct windows in order to provide a safe and comfortable environment for the women and children utilizing the facility. i '• • CDBG - Community Crisis Center August 23, 2002 Page 2 At a minimum, fifty-one percent (51%) of the households served will be low and moderate income households at or below eighty percent (80%) of the Median Family Income limits established by HUD. Community Crisis is already implementing the first phase of their window replacement project with 2001 CDBG funding. Upon approval by the City Council of the sub-recipient agreement, Community Crisis Center will be ready to bid the entire project by September of 2002 . It is the goal of the City staff and the Community Crisis Center to have a contract awarded in September of 2002 and the project completed before the beginning of the New Year. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. (";�J��A FINANCIAL IMPACT �`V�-Sufficient funds are budgeted and available ($40, 000) to enter into this agreement in the CDBG Program Year 2002 , Major Repairs/Building-Structures, account number 230-0000-791 . 93-36, project number 154053 . LEGAL IMPACT VJ*V( None. ALTERNATIVES 1 . Approve the attached Sub-Recipient Agreement . 2 . Do not proceed with the Sub-Recipient Agreement at this time. CDBG - Community Crisis Center August 23, 2002 Page 3 RECOMMENDATION It is recommended that the City Council approve the Sub- Recipient Agreement between the City of Elgin and Community Crisis Center, Inc . Respectfully submitted, Olufemi Fo rin Interi OF/ac Attachment • Resolution No. 05-33 RESOLUTION AUTHORIZING EXECUTION OF A SUB-RECIPIENT AGREEMENT WITH THE COMMUNITY CRISIS CENTER, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Olufemi Folarin, Acting City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Sub-recipient Agreement on behalf of the City of Elgin with the Community Crisis Center,Inc.for renovation of its facility offering temporary shelter for victims of domestic violence and/or the homeless,a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: February 9, 2005 Adopted: February 9, 2005 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT BETWEEN THE CITY OF ELGIN AND COMMUNITY CRISIS CENTER, INC.This AGREEMENT is entered into as of the l D it day of 7 , 2005, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter called "G TEE"or"CITY") and COMMUNITY CRISIS CENTER, INC., a not-for-profit corporation incorporated rsuant to the laws of the State of Illinois, (hereinafter called "SUB-RECIPIENT") having a principal place of business at 37 S. Geneva Street, Elgin, Illinois 60120. RECITALS A. CITY has applied for Community Development Block Grant funds (hereinafter referred to as CDBG funds) from the United States Department of Housing and Urban Development (hereinafter called "HUD") as provided by the Housing and Community Development Act of 1974, as amended (P.L. 93-383) hereinafter called "ACT"). B. CITY has considered and approved the application of SUB-RECIPIENT for CDBG funds allotted to CITY for distribution to SUB-RECIPIENT. C. The CITY and SUB-RECIPIENT enter into this Agreement pursuant to their respective powers to enter into such Agreements, as those powers are defined in the Illinois Constitution and applicable statutes. II. SCOPE OF THE PROJECT A. SUB-RECIPIENT hereby agrees to perform, in a timely fashion, the following activities, and those previously defined in the application and project description dated December 31, 2003, submitted by the SUB-RECIPIENT entitled "Community Crisis Center", a copy of which is attached hereto as Exhibit"A" (hereinafter called "PROJECT"). B. All funding provided to SUB-RECIPIENT shall be used solely to renovate the Community Crisis Center's building for the property located at 37 S. Geneva Street, Elgin Illinois. The aforementioned project serves as a homeless shelter for women and children. The subject building will serve 100% low and moderate income persons as defined by 24 CFR 570.208 (a) (2) (i) (A). Such funding shall be used only for repair and waterproofing of the lower level of the building, repair/reconstruct sidewalk on the east side of the building, re-caulk exterior back of the building, and other costs associated with the above activities as are consistent with the scope and intent of the PROJECT and are pre-approved by City staff. C. The SUB-RECIPIENT shall comply with administrative and procurement requirements as applied to the Community Development Block Grant program in accordance with 24 CFR 85: 1 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 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 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 made, 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 construction, the SUB-RECIPIENT shall provide to the City's Community Development Department staff, weekly reports of the contractor and/or subcontractors at the job site. The SUB-RECIPIENT shall conduct employee interviews of the contractor and/or subcontractors at the job site. 2. Originals of all documents required for compliance with the Federal Labor Standards shall be supplied to the City's Community Development Department. 3. SUB-RECIPIENT shall erect a sign in a prominent place at the job site crediting the City of Elgin and HUD for funding of the PROJECT by including the following statement: "Funding for the Project has been provided, in part, by the City of Elgin from the U.S. Department of Housing and Urban Development's Community Development Block Grant Program." E. The SUB-RECIPIENT shall provide a Progress Report to the CITY each month, reporting on the status of the PROJECT in relation to the project target dates. The progress reports shall begin upon the signing of the Agreement and shall continue until the expiration of this agreement or until directed to discontinue such reports in writing by CITY. F. Request for Payment 1. The SUB-RECIPIENT shall provide the City's Community Development Department, 2 l 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 payments shall be submitted on a timely basis. Each request for payment sent to the CITY shall be accompanied by said payment estimate form signed by the SUB-RECIPIENT'S authorized representative and showing the work completed. Changes to items on the pay estimate form must be authorized, in writing, by the SUB- RECIPEINT (on a State of Illinois Request for Approval of Change in Plans Form BLR- 228 or equivalent), and a copy of such authorization shall be submitted to the City's Community Development Department before payment pursuant to such changes is made. G. The SUB-RECIPIENT shall provide a Progress Report to the City's Community Development Department each month, reporting on the status of the PROJECT in relation to the Implementation Schedule. The progress reports shall begin upon the signing of the Agreement and shall continue until the PROJECT is closed out. The SUB-RECIPIENT shall use a form provided by the Community Development Department and shall include all required information about the number of clients served each quarter (by race and the number of female headed households) and the number of calls received. H. Prior to the expenditure of CDBG funds, the SUB-RECIPIENT shall meet with the City's Community Development Department staff to establish acceptable documentation and guidelines regarding requests for payment for the activities described in the Scope of Work. No payment of CDBG funds will be made by City without the required documentation. SUB-RECIPIENT shall return to the CITY any program income, as defined in 24 CFR Part 570.500(a), which is generated as a result of this PROJECT. Written request for an Exception to this Agreement must be made, in writing, to the City's Community Development Department explaining why the SUB-RECIPIENT needs the income, the specific activities the SUB- RECIPIENT will undertake with the funds and how the SUB-RECIPIENT will report the income and expenditures to the CITY. A written response to the request will be provided to SUB- RECIPIENT from the CITY. III. AMOUNT AND TERMS OF GRANT A. The CITY shall distribute to SUB-RECIPIENT, as SUB-RECIPIENTS portion of the total grant received by the CITY and in consideration of SUB-RECIPIENT'S undertaking to perform the PROJECT, a maximum of$65,000 (hereinafter"GRANT FUNDS"), to be paid in the manner set forth herein Section II. D. and in Section VII. B. This PROJECT shall be identified as Agreement No. 154072 and Account No. 230-0000- 791.93-36, which identifying numbers shall be used by SUB-RECIPIENT on all payment requests. C. REVERSION OF ASSETS In the event the services identified in Section II, Scope of the Project of this Agreement or other eligible services for homeless women and children provided at the Community Crisis Center, located at 37 S. Geneva Streey Elgin due to actions by Community Crisis Center, Inc., 3 Community Crisis Center, Inc. shall reimburse the U.S. Department of Housing and Urban Development or the City for renovation activities undertaken in whole or in part with CDBG funds in excess of$25,000, then the SUB-RECIPIENT will reimburse the CITY or the U.S. Department of Housing and Urban Development 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. The 5 year compliance period being measured from the date renovation work is completed, is dissolved. This provision shall not be construed as limiting the Grantee from asserting any claims against Community Crisis Center, Inc. for the breach of any other terms of this Agreement. Upon project completion as specified in Section II, Scope of the Project, any remaining CDBG project funds shall be available for reallocation by the Grantee 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 Grantee all funds used for ineligible activities. A minimum of 51% of the persons served on an annual basis shall be at or below 80% of the Median Family Income in order for the Sub-recipient to maintain eligibility for the CDBG funds provided for herein. Said income levels shall be updated and revised annually to conform to levels set by the U. S. Department of Housing and Urban Development. Failure to meet the aforementioned minimum 51% threshold shall require Sub-recipient to reimburse Grantee for funds expended, in whole or in part, for renovation activities. 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 Grantee. 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 reference to the PROJECT, as set forth in Exhibit"C"attached hereto and made a part hereof. D. SUB-RECIPIENT, in performing under this Agreement, shall: 1. Not discriminate against any worker, employee, or applicant, or any member of the public, because of race, creed, color, sex, age or national origin, nor otherwise commit an unfair employment practice; and 2. Take affirmative action to insure that applicants are employed without regard to race, creed, color, sex, age or national origin, with such affirmative action including, but not limited to the following: Employment, upgrading, demotion or transfer, termination, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, including apprenticeship. E. SUB-RECIPIENT shall permit CITY and the Department of Housing and Urban Development to 4 conduct on-site reviews, examine personnel and employment records and to conduct any other procedures or practices to assure compliance with the provisions of this agreement. SUB- RECIPIENT agrees to post in conspicuous places available to employees and applicants for employment notices setting forth the provisions of this non-discriminatory clause. F. SUB-RECIPIENT shall not to violate any laws, state or federal rules or regulations, including but not limited to those regarding a direct or indirect illegal interest on the part of any employee or elected official of the SUB-RECIPIENT in the PROJECT or payments made pursuant to this Agreement. G. SUB-RECIPIENT hereby warrants and represents that neither the project, including but not limited to any funds provided pursuant thereto, nor any personnel employed in the administration of the program shall be in any way or to any extent engaged in the conduct of political activities in contravention of Chapter 15 of Title 5, United States Code, referred to as the Hatch Act. H. SUB-RECIPIENT shall maintain records to show actual time devoted and costs incurred, in relation to the PROJECT, and shall prepare and submit monthly progress reports which describe the work already performed and anticipated during the remaining time of the PROJECT. Upon fifteen (15) days notice from the CITY, originals or certified copies of all time sheets, billings, and other documentation used in the preparation of said progress reports shall be made available for inspection, copying, or auditing by the CITY at any time during normal business hours, at 150 Dexter Court, Elgin, Illinois. SUB-RECIPIENT shall adopt the audit requirements of the Office of Management and Budget (hereinafter "OMB") Circular A-133, "Audits of Institutions of Higher Learning and Other Non- Profit Institutions." SUB-RECIPIENT shall submit to the CITY one copy of said audit report. SUB-RECIPIENT shall permit the authorized representatives of the CITY, HUD and the Comptroller General of the United States to inspect and audit all data and reports of the SUB- RECIPIENT relating to its performance under the Agreement. J. SUB-RECIPIENT and CITY shall at all times observe and comply with Title 24 CFR Part 570 and all applicable laws, ordinances or regulations of the Federal, State, County, and local government, which may in any manner affect the performance of this Agreement. K. SUB-RECIPIENT shall transfer to the CITY any unused CDBG funds and submit all billings attributable to this Project at the time this Agreement expires. L. SUB-RECIPIENT will ensure that any real property under the SUB-RECIPIENT'S control that was acquired and/or improved in whole or in part with CDBG funds in excess of$25,000 is used to meet the benefit of low and moderate income persons as defined by HUD, for a period of 5 years after the expiration of this Agreement M. If during the 5 year period after the expiration of this Agreement, the SUB-RECIPIENT disposes of any property under the SUB-RECIPIENT'S control that was acquired and/or improved in whole or in part with CDBG funds in excess of $25,000, then the SUB-RECIPIENT will reimburse the CITY in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the prop- erty 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, 5 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; 2. Any claim for advancement of CDBG funds shall be limited to an amount necessary for SUB-RECIPIENT to meet specific cash requirements for the PROJECT and shall be disbursed by SUB-RECIPIENT within three (3) working days of receipt by SUB- RECIPIENT; 3. Any request for reimbursement or advancement pertaining to work under contracts from the SUB-RECIPIENT shall include the following: a. For interim payments to contractors and subcontractors, certification that the work for which payment is requested has been performed and is in place and to the best of SUB-RECIPIENT'S knowledge, information and belief that, the quality of such work is in accordance with the contract and subcontracts, subject to: (i) any evaluation of such work as a functioning PROJECT upon substantial completion; (ii) the results of any subsequent tests permitted by the subcontract; and (iii) any defects or deficiencies not readily apparent upon inspection of the work; and b_ For final payment, that the work has been performed in a satisfactory manner and in conformance with the contract. 4. Processing of all requests for payment shall be contingent upon the submission of the required documentation by the contractor and subcontractor to the CITY that fully complies with federal labor standards, uniform relocation act or any other applicable federal, state, or local statutes, rules or regulations, 5. SUB-RECIPIENT shall forward to CITY all billings, vouchers, and other documents representing any accounts payable, in such timely and reasonable manner as both parties shall determine. 6. SUB-RECIPIENT shalt cooperate with the CITY to facilitate the maintenance of financial 6 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. B. SUB-RECIPIENT shall submit all required information to show compliance with applicable laws, rules and regulations, as specified in this Agreement and shall submit to CITY a quarterly progress report no later than the fifth day of the month following the activity being reported. Other reporting requirements are specified in Exhibit"B" attached hereto and made a part of this Agreement. C. Relocation of Tenants SUB-RECIPIENT shall comply with the requirement under the Uniform Relocation Assistance an Real Property Acquisition Policies Act of 1970. SUB-RECIPIENT shall maintain a separate relocation file for each displaced person/business for at least three years after the project has been completed or the person/business has received final relocation payments, whichever is later. Relocation costs must be paid to any tenant (residential or nonresidential) who occupies any building being acquired and is forced to move without cause. Waiver of rights to relocation costs can only be done by a single family homeowner. D. Management Plan and Operating Budget of the Facility SUB-RECIPIENT shall maintain, and keep current, a management plan and operating budget stating policies governing the operation of the facility and shall keep this plan and budget on file with the CITY. IX. TERMINATION OF AGREEMENT OR SUSPENSION OF PAYMENT A. During the implementation of the PROJECT, CITY may terminate this Agreement or may suspend payment of Grant Funds to SUB-RECIPIENT for SUB-RECIPIENT'S substantial breach of the Agreement, abandonment of the PROJECT or occurrence rendering impossible the performance by SUB-RECIPIENT of this Agreement B. During the implementation of the PROJECT, the CITY may suspend payments of Grant Funds, due to use of funds in a manner unrelated to 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 7 stated hereinabove in paragraph A and B of this Section IX, it shall notify the SUB-RECIPIENT, in writing, of such action, specifying the particular deficiency, at least five (5) working days in advance of any such action and establishing a time and a place for the SUB-RECIPIENT to refute the alleged deficiency at a time prior to CITY'S taking such action. After allowing the SUB-RECIPIENT the opportunity to refute or correct the alleged deficiency, if the alleged deficiency continues to exist, in the opinion of the CITY, the CITY may withhold payment of the Grant Funds until such time as the violation or breach is remedied. No action taken or withheld by the CITY under this paragraph shall relieve the SUB-RECIPIENT of its liability to the CITY for any funds expended in violation of any of the terms of this Agreement. D. SUB-RECIPIENT shall transfer to the CITY any unused CDBG funds and submit all billings attributable to this Project at the time this Agreement terminates or is suspended. X. REMEDIES A. To the fullest extent permitted by law, SUB-RECIPIENT agrees to and shall indemnify, defend and hold harmless the CITY, its officers, employees, boards and commissions from and against any and all claims, suits,judgments, costs, attorneys fees, damages or any and all other relief or liability arising out of or resulting from or through, or alleged to arise out of, any breach of this agreement; misuse or misapplication of funds derived pursuant to this agreement by SUB- RECIPIENT; violation of any statutes, rules and regulations, directly or indirectly, by SUB- RECIPIENT and/or any of its agents or representatives; or any negligent acts or omissions of SUB-RECIPIENT or of SUB-RECIPIENT'S officers, employees, agents or subcontractors. In the event of any action against the CITY, its officers, employees, agents, boards or commissions covered by the foregoing duty to indemnify, defend and hold harmless, such action shall be defended by legal counsel of CITY'S choosing. The provisions of this paragraph shall survive any termination and/or expiration of this agreement. B. In the event of loss of approved Grant Funds for the PROJECT as a result of any violation or breach of this Agreement by the CITY, misuse or misapplication of funds received from HUD unrelated to the PROJECT, or any violation of the statutes, rules and regulations of HUD, directly or indirectly, by CITY and/or any of its agents or representatives, CITY'S liability to SUB- RECIPIENT shall be limited to any funds which have previously been provided to sub-recipient pursuant to this agreement. SUB-RECIPIENT hereby waives and releases CITY from any and all other liability pursuant to any such breach, misuse, misapplication or violation of statutes, rules or regulations. C. In the event HUD, or any other federal agency, makes any claim which would give rise to invoking the remedy provisions, as set forth in paragraph A or B of this Section X, then the CITY or SUB-RECIPIENT shall immediately notify the other party, in writing, providing the full details of the alleged violation. Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this agreement, shall be in the Circuit Court of Kane County, Illinois. To the extent that any such matter is not subject to exclusive federal jurisdiction. In the event of such exclusive federal jurisdiction, venue shall be in such forum in the State of Illinois as may be provided by applicable federal law. D. If CITY has lost or been prevented from receiving any federal funds, other than the Grant Funds, as a result of any alleged violation subject to the remedy provisions hereof, the SUB-RECIPIENT shall repay, upon demand by the CITY, such amount of Grant Funds allegedly due, as a result of the alleged breach. Xl. TIMELINESS 8 A. Time is of the essence of this agreement SUB-RECIPIENT shall meet the schedule deadlines listed below. Any milestone which the SUB-RECIPIENT does not achieve within two months of the date listed will result in the SUB-RECIPIENT submitting a revised implementation schedule for approval by the City's Community Development staff. Failure to achieve these deadlines may result in the loss or reduction of grant funds at CITY's discretion. Target Dates Date 1. Prepare Bid Specification 07/04 2. Approve Bid Specification 08/04 3. Advertise for Bid 08/04 4. Award a Contract 09/04 5. 50% of funds expended 01/05 6. 100% of funds expended 07/05 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 therefor and request an extension of time for completion of the PROJECT. CITY's Community Development Director shall consider any such request and shall make a recommendation to CITY's City Council as to whether in his sole discretion he considers such an extension to be reasonable and necessary, under the totality of circumstances to be required for completion of the PROJECT due to the particular circumstances. The CITY's City Council shall act upon the extension request and recommendation of the Community Development Director and notify the SUB-RECIPIENT whether the time extension is granted or denied, and the CITY's intention to exercise the remedies available herein, including but not limited to suspension of further payments. A revised implementation schedule shall be submitted by SUB-RECIPIENT if an extension is granted by the CITY. XII. MISCELLANEOUS PROVISIONS A. AMENDMENTS - This Agreement constitutes the entire Agreement between the parties hereto. Any proposed change in this Agreement shall be submitted to the other party for prior approval. No modifications, additions, deletions, or the like, to this Agreement shall be effective unless and until such changes are executed, in writing, by the authorized officers of each party. 9 B. SUBJECT TO FINANCIAL ASSISTANCE AGREEMENT - This Agreement is made subject to financial assistance agreements between the CITY and the United States Department of Housing and Urban Development, with the rights and remedies of the parties hereto being in accordance with any such agreements. C. ASSIGNMENT - except as provided in Section VI hereof, SUB-RECIPIENT shall not assign this Agreement or any part thereof and SUB-RECIPIENT shall not transfer or assign any Grant Funds or claims due or to become due hereunder, without the written approval of the CITY having first been obtained. D. ATTORNEY'S OPINION - If requested, SUB-RECIPIENT shall provide an opinion of its attorney, in a form reasonably satisfactory to the CITY, that all steps necessary to adopt this Agreement, in a manner binding upon SUB-RECIPIENT, have been taken by SUB-RECIPIENT, and that SUB-RECIPIENT is in compliance with applicable local, state and federal statues, rules and regulations for the purpose of complying with this Agreement. E HEADINGS - The section headings of this Agreement are for convenience and reference only and in no way define, limit, or describe the scope or intent of this Agreement, and should be ignored in construing or interpreting this Agreement. F. The terms of this agreement shall be severable_ In the event any of the terms or provisions of this agreement are deemed to be void or otherwise unenforceable for any reason, the remainder of this agreement shall remain in full force and effect. G. This agreement shall not be construed to create a joint venture, partnership, employment or other agency relationship between the parties hereto. 10 - i IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates recited below. CITY OF ELGIN, an Illinois Municipal Corporation BY: `�- %,-V1 et"t Ft)Ltek 0. N City anager DATE: " 5 ATTEST: -C-- - Dolonna Mecum City Clerk SUB-RECIPIENT: COMMUNITY CRISIS CENTER BY: Ok•C/ar�-v Gretchen S. Vapn r Executive Director DATE: /— R—0-� ATTEST: 11 EXHIBIT A SUB-RECIPIENT'S CDBG APPLICATION 12 COMMUNITY CRISIS CENTER,INC. P. O. Box 1390 Elgin, IL 60121-1390 Tel: (847)697-2380 Fax: (847) 742-4182 TDD: (847) 742-4057 October 15, 2004 City of Elgin Ms.Amy Coyne CDBG Program 150 Dexter Court Elgin,IL 60120 Dear Amy: Here are the changes for our 2004 CDBG Project along with estimates from Elgin Sheet Metal and Shales McNutt Construction. • $19,752: NE Lower Level Water Issue and Renovation(see attachment) • $13,232: East Sidewalk Replacement to include water drain holes • $2,500 Removal of trees and fauna on east side of building for concrete work • $500 Downspout work • $5,800 Remove and reinstall 12 condensing units • $8,500 Architectural specs • $1,200 Minor asphalt work around edge of building to seal foundation $51,484 Sub Total IQv - • $14,475 North Lower Level door awning(Alternate) $65,959 Grand Total Nib\� I'm on vacation until November ls`. I'll contact you when I return. Since ly, 4- Lisa S. Sampson Resource Development/Facility Coordinator Our Mission is to advocate for a healthy, non-violent environment for all people and provide the information, resources and support necessary to help individuals move through crisis to develop and pursue their own goals. From: Ron Barrick [ronbarrick@shalesmcnutt.com] Sent: Tuesday, August 17, 2004 1:29 PM To: Lisa Sampson Subject: RE: Scope of work. Original Message From: Lisa Sampson [mailto:lsampson@crisiscenter.org] Sent: Monday, July 19, 2004 10:10 AM To: Ron Barrick Subject: RE: Scope of work. • $ 11,252 Replacement and or leveling of concrete floor in Facility Room, office and north hallway • $6,000 Paint or stain in Facility Room and north hallway; carpeting in Office • $2,500 Drywall and paint in north hallway and Facility area: • $ 13,232 Concrete work, replacement of sidewalk on east side of building, to include water drain holes • $2,500 Removal of trees and fauna growing between foundation and sidewalk on east side: • $500 Roofing Contractor: Down spout work • $1,200 Asphalt work around edge of foundation • $8,500 Architectural specs • $14,475 North entrance door awning (alternate) Thanks, Original Message From: Ron Barrick [mailto:ronbarrick@shalesmcnutt.com] Sent: Monday, July 19, 2004 7:11 AM To: Lisa Sampson Subject: Scope of work. << ECCC HVAC & Electric.xls >> Lisa, If there is any else you need let me know. Ron ESM E/gin Sheet Meta/Co. P.O. Box 66 Elgin, Illinois 60123 Phone 847-742-3486 (Fax 847-742-9037) Community Crisis Center Date: May 17, 2004 37 S. Geneva Street Elgin, Illinois 60120 Attn: Lisa Sampson The following scope and budget pricing describes work required to remove and re-install twelve condensing units for replacement of concrete and asphalt surfaces underneath units in existing locations. 1. Recover refrigerant and disconnect refrigerant piping and electrical wiring from twelve [12] existing condensing units on North&East sides of your existing building. 2. Remove twelve [12] existing condensing units on North&East sides of your existing building([5] Rheem units, [1] Carrier 38CKCunit and [6] Carrier 38TZA units) 3. Remove twelve [12] equipment pads. 4. Store same twelve [12] condensing units,pads and refrigerant temporarily offsite in a secure location. 5. Re-install same twelve [12] condensing units in similar locations on existing pads. 6. Reconnect power and refrigerant line sets to same twelve [12] condensing units. 7. Re-charge refrigerant in same twelve [12] condensing units and restart and check operation. Total Net Budget (Not To Exceed) $5,800.00 Not included in above: Relocation to another area Removal of any other Electrical wiring and disconnect switches Terms: Net 10 days Acceptance by the customer constitutes a Contract between This Proposal is subject to revocation or modification The parties upon all terms and conditions on both sides of at any time by Elgin Sheet Metal Company prior to This proposal. Acceptance by customer. Name: by For Elgin Sheet Metal Co. /J.Patrick Hudgens Pres. Title: Date: i Co ' NITY CRISIS CENTER,INC. P. O. Box 1390 Elgin, IL 60121-1390 RECEIVED Tel: (847)697-2380 n E ' 3 2003 Fax: (847)742-4182 TDD: (847) 742-4057 December 30,2003 City of Elgin Ms. Amy Coyne CDBG Program Coordinator 150 Dexter Court Elgin,IL 60120 Dear Ms. Coyne: The Community Crisis Center at George Van De Voorde Place appreciates the opportunity to submit a request for funding from the City of Elgin's CDBG Program. We are requesting $80,050 for five capital improvement projects to our 1891 facility that include parking lot replacement, interior concrete floor work,window safety locking system, energy efficient window shades and sidewalk improvements. Since 1975 the Community Crisis Center at George Van De Voorde Place has provided 24-hour emergency services to individuals and families dealing with the trauma of domestic violence, sexual assault,homelessness and other life crises. We have enjoyed a long history of receiving CDBG funding based,we believe,upon the fact that we competently meet the needs of the underserved within our community and provide services unduplicated by other agencies and we meet the CDBG program priorities as outlined in the proposal package. It is our hope that the City Council will once again approve the requested funding,knowing that the projects are necessary to the improvement of our facility that each year provides more than 45,000 hours of services to 6,000 women,men and children. A representative will attend the Public Hearing on January 14, 2004. If you have any questions please contact Lisa Sampson,Resource Development Coordinator, at the Center. Have a safe and peaceful New Year. • Sincerely, q� V (111-1 Gretchen S.Vapnar Executive Director Our Mission is to advocate for a healthy, non-violent environment for all people and provide the information, resources and support necessary to help individuals move through crisis to develop and pursue their own goals. 4.3 PROJECT APPLICATION CITY OF ELGIN CDBG PROGRAM 2002 - 2003 PROGRAM YEAR Date of Submittal December 31, 2003 Project Name Community Crisis Center, Inc. Project Address 37 S. Geneva Street City Elgin State IL Zip Code 60120 Census Tract 8512 Block Group Submitting Agency/Organization Community Crisis Center, Inc. Contact Person: Name Gretchen S. Vapnar, Executive Director Address 37 S. Geneva Street City Elgin State IL Zip Code 60120 Telephone(847) 697-2380 Fax (847) 742-4182 E-mail lsampson@crisiscenter.org Amount of CDBG Funding Request: $80,050 Elgin-CDBG Program 2004-2005 Community Crisis Center Page 1 STATEMENT OF PURPOSE:Provide below or attached a detailed written statement that describes the scope of the proposed project, the need for the project and the anticipated benefits resulting from this project. The Community Crisis Center is requesting a total of$80,050 to fund 5 capital projects as outlined below. Projects are listed in order if importance: • $25,000: Parking Lot Replacement. Current lot has significant potholes, crumbling edges and has the maximum amount of layers on it requiring the lot to be taken down to the gravel and redone. This project would include sealing, striping and marking ADA parking places. • $25,000: Facility Department Floor Replacement. This concrete floor located on the ground level of the agency is badly damaged, cracked and uneven and prevents us from utilizing the room to its maximum ability. The current floor needs to be removed and a new,level floor poured. The project cost includes the removal and replacement of items currently in the room. • $2,800: Window Stop System. 80 of the new double hung windows require a stopping device that allows the window to be opened no more than 6 inches. The need for the stopping device is to keep children and adults from falling out of the newly installed double hung windows on the 151 and 2"d floors of the facility. All of the new windows have screens on them,but the screens will not keep an individual from pushing it out and falling. • $12,250: Window Shades. The Crisis Center replaced all glass block and awning style windows in the facility with historically correct double hung windows. Interior shades are needed for privacy in the shelter rooms. Shades will also make it easier for children and women. Shades are needed in employee areas because the windows let in such an abundance of light that it makes it difficult to see a computer screen or at times another person. Shades in all areas would also help insulate during cold and warm weather, thereby making the HVAC system more efficient. A total of 98 shades are needed. • $15,000: East Sidewalk Replacement. The sidewalk located on the backside of the building is cracked and a danger to the public; needs to be replaced. Please be advised that our agency is located within the Elgin Historic District and must abide by Illinois Historic Preservation Agency guidelines for all exterior work. The Crisis Center has completed many renovation/rehabilitation projects on this building and has a good working relationship with IHPA. The anticipated benefits from all 5 requested projects are safety, increased accessibility and comfort to the individuals who use our services, work in our agency and visit the facility. Open 24-hours a day, the Crisis Center provides a multitude of services to individuals and families, most of who are at the low and moderate income level. Services include a shelter for 40 women and children who are homeless or fleeing an abusive partner; 24-hour crisis hotline; individual and group counseling; legal,welfare and medical advocacy; financial assistance;partner abuse intervention; information&referral for other services; independent living program; and community education. Since 1987 the Crisis Center has resided in a former school building that is located in Elgin's first historic district just east of downtown. In the application for National Register of Historic Places the Franklin School was listed as a building of significance, "the massive construction and detailing of this school reflects Romanesque Revival influence with Palladian windows". Elgin-CDBG Program 2004-2005 Community Crisis Center Page 2 Conceived and organized by a group of concerned Elgin citizens in 1975 the Community Crisis Center has evolved into a comprehensive non-profit, social service agency that strives to meet the needs of individuals and families dealing with the trauma of domestic violence,sexual assault, homelessness and other life crises. In FY '03 our 80 employees provided 45,935 hours of service to 6,069 women,men and children; 333 women and 324 children spent 11,076 nights in our shelter. On a daily basis the building accommodates 40 shelter residents,45 employees and welcomes on average 65 walk-in clients and visitors. Elgin-CDBG Program 2004-2005 Community Crisis Center Page 3 EXHIBIT B ASSURANCES The SUB-RECIPIENT hereby warrants and represents that it will comply with the regulations, policies, guidelines and requirements with respect to the acceptance and use of CDBG funds in accordance with the ACT and the City of Elgin policies. Also, the SUB-RECIPIENT certifies with respect to the grant that: 1. It possesses legal authority to make a grant submission to the City and to execute a community development and housing program; 2. Its governing body has duly adopted or passed as an official act, a resolution, motion or similar action authorizing the person identified as the official representative of the SUB-RECIPIENT to execute the Agreement, all understandings and assurances contained herein, and directing the authorization of the person identified as the official representative of the SUB-RECIPIENT to act in connection with the execution of the Agreement and to provide such additional information as may be required. 3. Prior to submission of its application to the City, the SUB-RECIPIENT has: (A) Met the citizen participation requirements of 570.301(b) and has provided citizens with: (1) The estimate of the amount of CDBG funds proposed to be used for activities that will benefit persons of low and moderate income; and (2) Its plan for minimizing displacement of persons as a result of activities assisted with CDBG funds and to assist persons actually displaced as a result of such activities; (B) Prepared its application in accordance with the policies of the City of Elgin and made the application available to the public; 4. The grant will be conducted and administered in compliance with: (A) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352 42 U.S.C. Sec 2000d et seq.) and implementing regulations issued at 24 CFR Part I; (B) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-208), as amended; and that the SUBGRANTEE will administer all programs and activities related to housing and community development in a manner to affirmatively further fair housing; (C) Section 109 of the Housing and Community Development Act of 1974, as amended; and the regulations issued pursuant hereto; (D) Section 3 of the Housing and Urban Development Act of 1968, as amended; (E) Executive Order 11246-Equal Opportunity, as amended by Executive Orders 11375 and 12086, and implementing regulations issued at 41 CFR Chapter 60; (F) Executive Order 11063-Equal Opportunity in Housing, as amended by Executive Order 12259, and implementing regulations at 24 CFR Part 107; (G) Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended, and implementing regulations when published in effect; 13 _ I .(OF E4 ` �'ti%,4;� City of Elgin Agenda Item No. July 23, 2004 G N TO: Mayor and Members of the City Council Qunl_I i Y 1 IC,IjSING FROM: David M. Dorgan, City Manager k+l YC Amy Coyne, CDBG Program Coordinator SUBJECT: Community Crisis Center Community Development Block Grant Sub-recipient Agreement PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information regarding the Sub-Recipient Agreement between the City of Elgin and Community Crisis Center. RECOMMENDATION • It is recommended that the City Council approve the Sub-Recipient Agreement between the City of Elgin and Community Crisis Center in the amount of$65,000. BACKGROUND Community Crisis Center is a not-for-profit organization providing temporary shelter for women who are victims of domestic violence and/or who are homeless. The facility has the capacity of sheltering 40 women and children. The average stay for most women is approximately fourteen (14)days with some women staying up to the maximum time of six (6)weeks. Community Crisis Center applied for Community Development Block Grant (CDBG) funds in 2004. The funding was approved by the City Council in March 2004 and implemented into the 2004 Annual Updated Action Plan. The plan was submitted to HUD and approved in May of 2004. Community Crisis Center was allocated a total of$65,000 in CDBG funds from the 2004 CDBG Program Year. The funds will be utilized to renovate the facility. Renovation work will include reconstructing the parking lot repairing/replacing sidewalk on the east side of the building, and replacing the concrete floor in the basement. At a minimum, fifty-one percent(51%)of the households served will be low and moderate income households at or below 80%of the Median Family Income guidelines established by HUD. 0 CDBG—Community Crisis Center July 23, 2004 Page 2 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. jiz. FINANCIAL IMPACT The Sub-recipient Agreement with Community Crisis Center will total $65,000. Pending HUD's execution of the Funding Agreement, sufficient funds are budgeted ($65,000) and available ($65,000)to enter into this agreement in the CDBG Program Year 2004, Major Repairs/Building Structures, account number 230-0000-791.93-36,project number 154072. GAL IMPACT vovt/E None. ALTERNATIVES 1. Approve the attached Sub-Recipient Agreement. 2. Do not proceed with the Sub-Recipient Agreement at this time. Respectfully submitted for Council consideration. AC/sr Attachments