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HomeMy WebLinkAbout04-255 Resolution No. 04-255 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE BOYS &GIRLS CLUBS OF ELGIN, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that David M.Dorgan,City Manager,and Dolonna Mecum,City Clerk,be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with the Boys&Girls Clubs of Elgin, Inc. for after school programs for low and moderate income families, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: September 22, 2004 Adopted: September 22, 2004 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk 1 AGREEMENT BETWEEN THE CITY OF ELGIN AND BOYS & GIRLS CLUBS OF ELGIN, INC. This AGREEMENT is entered into as of the /7 day of SPp/en240%,-- , 2004, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter called "GRANTEE" or"CITY") and BOYS & GIRLS CLUBS OF ELGIN, INC., a not-for-profit corporation incorporated pursuant to the laws of the State of Illinois, (hereinafter called "SUB-RECIPIENT") having a principal place of business at 361 Hickory Place, Elgin, Illinois, 60120. I. 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 dated December 31, 2003 and project description submitted by the SUB-RECIPIENT entitled "Boys & Girls Clubs of Elgin", 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 support educational activities encompassed in the Project Learn and Power Hour Program. The program will aid families and children from disadvantaged circumstances. The aforementioned program will provide homework help and tutoring, parent and adult involvement, collaboration with schools, and incentives. The Boys & Girls Clubs of Elgin's program is an area-wide benefit located in Census Track 8513. 100% of the clients served will be low and moderate income persons as defined by 24 CFR 570.208 (a)(1)(i). Such funding shall be used only for salaries and benefits for staff involved directly with the program, operating expenses associated with the Project Learn and Power Hour Program, and other costs associated with the above activities that are consistent with the scope and intent of the PROJECT and are pre-approved by the City staff. C. 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. 1 4. D. 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. E. SUB-RECIPIENT shall return to the CITY any program income, as defined in 24 CFR Part 570.500(a), which is generated as a result of this PROJECT. 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-RECIPIENT'S portion of the total grant received by the CITY and in consideration of SUB-RECIPIENTS'S undertaking to perform the PROJECT, a maximum of $25,000 (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. 154073 and Account No. 230-0000- 791.30-99,which identifying numbers shall be used by SUB-RECIPIENT on all payment requests. IV. SUBGRANTEE'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"B"attached hereto and made a part hereof. D. SUBGRANTEE, 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, recruit- ment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, including apprenticeship. E. SUB-RECIPIENT shall permit CITY and the Department of Housing and Urban Development to conduct on-site reviews, examine personnel and employment records and to conduct any other procedures or practices to assure compliance with the provisions of this agreement. SUB- RECIPIENT agrees to post in conspicuous places available to employees and applicants for employment notices setting forth the provisions of this non-discriminatory clause. 2 F. SUB-RECIPIENT shall not violate any laws, state or federal rules or regulations, including but not limited to those regarding a direct or indirect illegal interest on the part of any employee or elected official of the SUB-RECIPIENT in the PROJECT or payments made pursuant to this Agreement. G. SUB-RECIPIENT hereby warrants and represents that neither the project, including but not limited to any funds provided pursuant thereto, nor any personnel employed in the administration of the program shall be in any way or to any extent engaged in the conduct of political activities in contravention of Chapter 15 of Title 5, United States Code, 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 exclusively for the benefit of low and moderate income persons as defined by HUD, for a period of 15 years after the expiration of the Agreement M. If during the 15 year period after the expiration of this Agreement, the SUB-RECIPIENT disposes of any property under the SUB-RECIPIENT'S control that was acquired and/or improved in whole or in part with CDBG funds in excess of $25,000, then the SUB-RECIPIENT will reimburse the CITY in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property in accordance with 24 CFR 570.503(b)(8)and 24 CFR 570.505. V. RIGHTS TO SUBCONTRACT A. SUB-RECIPIENT is herewith granted authority to subcontract all or any portion of the PROJECT to such engineers, architects, independent land use consultants, professional land planner, construction contractors or other entities as SUB-RECIPIENT shall deem appropriate or necessary and upon such terms as may be acceptable to SUB-RECIPIENT. B. Administration of any subcontracts by the SUB-RECIPIENT shall be in conformance with 24 CFR Part 570.200(d)(2)and Part 85.36. 3 • VI. SUB-RECIPIENT'S AUTHORIZTION 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. Anyrequest for reimbursement or advancement pertainingto work under contracts from q 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 beenperformed and is in place and to PY q 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 comple- tion; (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 bythe contractor and subcontractor to the CITY that full q Y complies with federal labor standards, uniform p u o m 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 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 CDBG 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. 4 C. Except as provided for in Sections IX and X hereof, 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 CDBG funds in conformance with the regulations, policies, guidelines and requirements of OMB Circular numbers A-110, and A-122, as they relate to the acceptance and use of federal funds for the PROJECT. B. SUB-RECIPIENT shall submit all required information to show compliance with applicable laws, rules and regulations, as specified in this Agreement and shall submit to CITY a monthly 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. 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 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 reasonable opinion of the CITY, the CITY may withhold payment of the Grant Funds until such time as the violation or breach is remedied. No action taken or withheld by the CITY under this paragraph shall relieve the SUB-RECIPIENT of its liability to the CITY for any funds expended in violation of any of the terms of this Agreement. D. 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 of liability arising out of or resulting from or through, or alleged to arise out of, any breach of this agreement; misuse or misapplication of funds derived pursuant to this agreement by SUB- RECIPIENT; violation of any statutes, rules and regulations, directly or indirectly, by SUB- RECIPIENT and/or any of its agents or representatives; or any negligent acts or omissions of SUB-RECIPIENT or of SUB-RECIPIENT'S officers, employees, agents or subcontractors. In the 5 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, 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 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, 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. XI. TIMELINESS A. Time is of the essence of this agreement. SUB-RECIPIENT shall meet the schedule deadlines listed below. Any milestone which the SUB-RECIPIENT does not achieve within two months of the date listed will result in the SUB-RECIPIENT submitting a revised implementation schedule for approval by the City's Community Development staff. Failure to achieve these deadlines may result in the loss or reduction of grant funds at CITY'S discretion. Milestones Date 1. 50% of funds expended (claims submitted 01/05 for 50% of funds) 2. 100% of funds expended (claims submitted 7/05 for 100% of funds) B. SUB-RECIPIENT shall complete the PROJECT by August 11, 2005. 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. 6 B. SUBJECT TO FINANCIAL ASSISTANCE AGREEMENT - This Agreement is made subject to financial assistance agreements between the COUNTY 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, SUBGRANTEE 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. 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates recited below. CITY OF ELGIN, an Illinois Municipal Corporation David Dorgan City Manager DATE: Q.F5.:Z O D y ATTEST: Dolonna Mecum City Clerk SUB-RECIPIENT: BOYS & GI CLUBS OF LGIN BY: Erik Anderson Execu ive Director DATE: / O ATTEST: OFFICIAL SEAL" JANAH LEE FRANKS Notary Public,State of Illinois My Commission Expires 3-04-2006 8 EXHIBIT A SUB-RECIPIENT'S CDBG APPLICATION 9 RECEIVED JAN02200b 1 BOYS & GIRLS CLUBS of Elgin Community Development Block Grant Application Providing Public Services To Those Most In Need A Proposal To HelpFund Educational Activities P For Children From Disadvantaged Circumstances gam— Op. December 2003 1 PROJECT APPLICATION CITY OF ELGIN CDBG PROGRAM 2003-2004 03 2004 PROGRAM YEAR Date of Submittal: December 31, 2003 Project Name: Project Learn/Power Hour Project Address: 355 Dundee Ave. City: Elgin State: Illinois Zip Code: 60120 Submitting Agency/Organization: Boys & Girls Club of Elgin Contact Person Name: Erik Anderson Address: 361 Hickory Place (PO Box 416) City: Elgin State: Illinois Zip Code: 60120 Telephone: 847-608-5017 Fax/Email: 847-608-6580 or erik.bgce@foxvalley.net Amount of CDBG Funding Request: $60,000 • 2 STATEMENT OF PURPOSE: The Boys & Girls Club of Elgin respectfully requests that the City of Elgin allocate $60,000 in CDBG funding to partially finance the Project Learn and Power Hour programs out of the Dundee Avenue Clubhouse and the Ellis Middle School extension program. The purpose of these programs is to enable the Boy& Girls Club to provide a public service to some of Elgin's most needy residents by helping their children succeed in school. This project is part of a larger mission to create economically productive citizens to sustain the Elgin community well into the future. The Boys & Girls Club of Elgin strives to inspire and enable all young people, especially those from disadvantaged circumstances,to realize their full potential as productive, responsible and caring citizens. Membership has risen from the initial 100 children who signed up in 1993 to 544 members in 2003. In 10 years,the Boys & Girls Club of Elgin has served more than 1,000 different children. The following is demographic information acquired from membership forms: • Between 1/1/03 and 12/31/03 the Club served 544 different children. • Members, 51%are girls and 49%are boys. • Our membership breakdown by ethnicity is as follows: 58%African-American; 25%Hispanic; 7%Multi-racial/Other/Unreported; 8%Caucasian; and 2%Asian- American. • Our membership breakdown by age range is: 32%are between 6- and 9-years-old; 32% are between 10-and 12-years-old; and 36%are 13-to 17-years-old. • At least 66%of our children come from single parent households. • Our membership breakdown by family income is: 29% earn less than $9,000 per year; 15% earn between $9,000 - $12,000; 12% earn between $12,000- $15,000; 8%earn between $15,000 - $19,000; 9% earn between $19,000 - $23,000; 7.5% earn between $23,000 - $28,000; 6%earn between $28,000—32,700; 5%earn between $32,700 - $37,500; 3% earn $37,500 - $42,000; and 5.5%earn more than $42,000 in annual household income. • On a weekly basis,the Boys & Girls Club of Elgin will typically serve between 100 to 150 different children. Approximately 70 to 100 of these members will spend some of their time during the week at the Club in the computer lab or in a computer class. • A majority of Club members live in Census Tracts 8509, 8513, 8514 and 8512. • There are three schools from which the Boys & Girls Club of Elgin draws the majority of its membership—Charming Memorial Elementary School, Sheridan Elementary School and Garfield Elementary School. According to the Illinois State Board of Education Report Cards in 2003, the poverty rate for these schools are 77%, 77.6% and 88.7% respectively. 3 The Dundee Avenue clubhouse, at the intersection of Dundee Avenue and Ann Street, serves approximately 50 to 65 members per day. In any given week,this unit will see between 75 and 100 different children. On some summer days, there are 90 to 100 members in and out of this small 2,000 square foot facility playing billiards, working on computers,or reading a book. In 2003,the Boys & Girls Club entered into a school-based partnership with Ellis Middle School. The purpose of this collaboration was to save a number of educational after- school programs for children from disadvantaged circumstances from budget cuts. Funding for this program was secured from the State of Illinois and runs out on June 30, 2004. It is the vision of the Boys & Girls Club of Elgin to be the leading neighborhood-based youth serving agency in Elgin. With a goal of reaching more than 1,000 families per year by 2005, it is crucial the Club construct a new full-service Boys& Girls Club serving the neighborhoods feeding into Sheridan, Channing and Garfield Elementary Schools. Within the Boys& Girls Club of Elgin's service area, it is the Club's desire to operate school-based programs clustered around a new full-service clubhouse. This "hub-and- spoke" approach will allow the Club to share the excellent academic programs offered at the school-based programs. It will also enable the school-based sites to use the outstanding recreational facilities at the full-service clubhouse. By sharing programs and staffing strengths through the hub-and-spoke model, both the school-based sites and the clubhouse facility increase the quality and breadth of programs available to at-risk kids in a cost-effective manner. Ensuring a meaningful education for every child in Elgin, Illinois has never been more crucial than it is today. Elgin's young people are performing poorly in school. Despite decades of reform, the American educational system is struggling to meet the increasing demands placed on it. According to the Carnegie Corporation's Years of Promise:A Comprehensive Learning Strategy for America's Children, underachievement is a crisis for all children, rich and poor.' Recent studies by the National Center for Education Statistics demonstrate this. • In 1998, 70 percent of fourth graders, 67 percent of eighth graders, and 60 percent of 12th graders read below the proficient level.2 • In 1996, 79 percent of fourth graders, 76 percent of eighth graders, and 84 percent of twelfth graders performed below the proficient level in mathematics.3 1 Carnegie Task Force on Learning in the Primary Grades(1996) Years of Promise:A Comprehensive Learning Strategy for America's Children.New York:Carnegie Corporation of New York. 2 National Center for Educational Statistics(1999)NAEP 1998 Reading Report Card for the Nation and the States.Washington,D.C.:U.S.Department of Education,Office of Education Research and Improvement. 3 National Center for Educational Statistics(1997)NAEP 1996 Mathematics Report Card for the Nation and the States.Washington,D.C.:U.S.Department of Education,Office of Education Research and Improvement. 4 The problem is especially critical for at-risk youth. At-risk children begin their early grades believing they can achieve. By the fourth grade, many of these young people lose their curiosity and interest in learning. Research indicates that these young people are critically influenced by the patterns set in their early years of formal schooling. "By the end of the third grade, most children are launched into achievement trajectories that they follow for the rest of their school years."4 Moreover, many middle-school students face additional feelings of uncertainty, increasing levels of alienation, diminishing engagement in learning, and increasing rates of absenteeism from school. On the other hand, young people who enjoy school and feel a sense of accomplishment there will "seize opportunities for learning both inside and outside of school."5 They are much more likely to finish school and go on to higher education or additional job training —and to become the lifelong learners we want them to be. We can find similar patterns of underachievement in our community. All three of the elementary schools serving families in our service area(Sheridan Elementary School, Channing Memorial Elementary School and Garfield Elementary School) have been on the Illinois State Board of Education's academic watch list within the last three years. According to state test scores, an unacceptable number of children living in the neighborhoods we serve are severely below the state standards in reading, writing and math. The following information was pulled from the 2003 Illinois State Board of Education (ISBE) School Report Cards on the children the Boys & Girls Club of Elgin considers inside of its service area: Percent Percent Percent Percent Not Not Not Not Meeting Meeting Meeting Meeting Overall Reading Math Writing State Test Test Test Test High School Name Standards Standards Standards Standards Elgin High School 63.1% 60.2% 65.4% 61.7% Percent Percent Percent Percent Not Not Not Not Meeting Meeting Meeting Meeting Overall Reading Math Writing State Test Test Test Test Middle School Name(s) Standards Standards Standards Standards Ellis Middle School 53.6% 54.9% 65.2% 45.8% Larsen Middle School 61.1% 53.3% 64.8% 52.8% 4 Carnegie Task Force on Learning in the Primary Grades(1996) Years of Promise:A Comprehensive Learning Strategy for America's Children.New York: Carnegie Corporation of New York. 5 Carnegie Council on Adolescent Development(1992)Turning Points:Preparing American Youth for the 215`Century.New York:Carnegie Corporation of New York. 5 Percent Percent Percent Percent Not Not Not Not Meeting Meeting Meeting Meeting Overall Reading Math Writing Elementary School State Test Test Test Test Name(s) Standards Standards Standards Standards Channing Elementary 60.5% 62.7% 32.2% 50.0% Coleman Elementary 38.9% 25.6% 8.9% 40.0% Garfield Elementary 54.7% 31.0% 20.7% 69.0% McKinley Elementary 47.6% 34.3% 16.7% 19.4% Sheridan Elementary 44.2% 48.3% 32.1% 65.5% Lords Park Elementary 41.8% 43.2% 29.5% 52.3% Many factors contribute to the academic failure of young people from disadvantaged circumstances. Research by Dr. Reginald Clark demonstrates that the way children use their time—both in and out of school —is an important predictor of their academic performance. Clark found that low-achieving students spend most of their non-school hours involved in activities that have little benefit to them in the classroom. High- achieving students, on the other hand,participate in more activities that reinforce the skills and knowledge they are learning in school. Clark's research suggests that Boys& Girls Clubs can enable young people to become high-achieving students by incorporating academically beneficial activities—known as high-yield learning activities—into the Club's daily program schedule. Recent research, synthesized by the U.S. Department of Education, documents that after- school programs can improve educational outcomes for school-age youth. This report states that after-school programs can: • Increase achievement in math,reading and other subjects • Help children develop greater confidence in their academic abilities • Increase school attendance rates • Improve the quantity and quality of completed homework • Improve rates of high school graduation • Improve student behavior Dr. Clark's work exhibits an increasing need for supplemental educational opportunities during non-school hours. Although schools have the primary responsibility for children's formal education, families, communities and after-school programs have a profound impact on children's learning. All of these institutions have a collective responsibility to improve the academic development of children. Children need supplemental opportunities for enhanced learning and reinforced application of the skills they learn in school. They ought to be able to find these opportunities in the home, in the community, after school, in the evenings, on weekends and during summer vacations. 6 Boys & Girls Clubs of America used Clark's research to design and field-test"Project Learn". The program features five major components: • Homework help and tutoring • High-yield learning and leisure activities • Parent and adult involvement • Collaboration with schools • Incentives Through these five components,the Club mobilizes its resources to help children succeed in school. Homework Help and Tutoring: We offer homework help and tutoring five to six hours weekly. This enables Club members to develop the daily habit of completing homework and preparing for class in a safe, quiet, allocated space with staff and volunteer encouragement and assistance. We use POWER HOUR, a homework help and tutoring program developed by Boys& Girls Clubs of America, to help our members complete their daily school assignments. Club professionals, volunteers or even older Club members assist younger members. Our incentive program, Power Points, gives Club members an extra opportunity to practice and reinforce the skills and concepts they learn in school. Club members receive points for completing fun-filled worksheets or using educational software, flash cards, etc. They can use the Points to acquire books and school supplies q pp s or participate in special field trips and Club events. Tutoring is another component of POWER HOUR. Tutoring helps Club members gain proficiency or excel in specific areas, such as math, grammar, science or social studies. We offer both individual or small-group tutoring sessions. An important objective of the program is to help our members become self-directed learners. The Club offer POWER HOUR Mondays—Thursdays for one to two hours each day. Fridays are usually reserved for special events or activities related to education, such as field trips, tournaments, guest speakers, etc. High-Yield Learning Activities: High-yield learning activities (HYLAs) help young people to see the practical application of lessons taught in the classroom. HYLAs also help them to plan self-directed learning enrichment. We encourage our members to make positive and productive choices about how they spend their leisure time at the Club. We offer the following high-yield learning activities each week: II • Writing activities (one to two hours). These activities include writing reports, stories,newsletter articles, etc.. • Leisure reading (four to five hours). Reading opportunities include age- appropriate periodicals like Sports Illustrated for Kids, newspapers,bulletin boards, game instructions, recipes, etc. 7 • Discussions with knowledgeable adults (four to five hours). These include casual discussions with Club staff members, mentoring programs, career exploration,teen summit discussions on current events and issues, etc. • Helping others (two to three hours). Service activities could include cleaning up local neighborhoods, visiting nursing homes, assisting with a Club service project, etc. • Games that sharpen cognitive skills,(four to five hours). Skill-building games might include Scrabble®, Monopoly®, Jenga®, chess, pool, foosball, ping pong, etc. This includes a number of different education-based computer software packages such as Math Blaster. • Computer literacy classes(five hours). SkillTech is a program designed to help children learn how to use Microsoft software packages such as Word, Excel, Power Point, etc. These classes are also available to adults throughout the community. Collaborations with Schools: When we work with schools,we are able to help our members develop competency in challenging subjects. As part of our partnership with schools,we participate in PTA open houses for neighborhood schools. It is critical that Club staff members develop a relationship with each school represented at the Club to encourage communication between and among teachers,parents and Club professionals. This strengthens the "educational safety net"for Club members. In 2003, the Boys & Girls Club formalized a collaborative program with Ellis Middle School and now runs a number of different Project Learn activities inside the school. Incentives,Recognition and Goal-Setting: Members and staff use recognition and goal setting to plan achievement and improvement daily, weekly and monthly. As an incentive,we offer our members the opportunity to participate in special events and field trips when they improve their academic achievement levels. We also host special monthly parties for children who achieve a certain level of"Power Points,"which are awarded based upon their participation and scholastic achievement. Our goal, however, is to help young people move away from the need for material rewards for their successes. Our guidance strategy helps them learn to appreciate the intrinsic feelings of success that come from realizing their potential. Young people participating in Project Learn can be expected to receive the following benefits: Benefits to Learners: • Individualized, structured • Practical application of skills learning experience taught in the classroom • Improved attitude toward • Remedial support as needed learning in the school and Club • Improved self-esteem • Self-paced and self-directed • Improved grades in school learning • Improved behavior 8 Benefits to Peer and Cross-Age Tutors: • Heightened sense of competency • Increases ability to manage in conforming to a new role learning and improves study • Encourages higher levels of strategies thinking • Increases knowledge of specific • Permits older students to study subjects below-level material without • Improves attitude toward embarrassment learning in school and the Club • Increases motivation to learn in order to maintain new position 9 Low & Moderate Income Benefit Statement: The Boys & Girls Club of Elgin contributes to a suitable and stable neighborhood environment for low and moderate income families. Boys & Girls Clubs historically impact surrounding neighborhoods by providing kids a safe place to go after-school which results in lower rates of juvenile crime, drug trafficking, and gang activity. Boys & Girls Club programming has also historically helped children do better in school, explore career interests, find positive adult role models and find a safe haven from the dangers found on the streets in the neighborhoods surrounding the clubhouse. A study led by Steven P. Schinke, Ph.D., of Columbia University and a team of independent researchers evaluated the effects of Boys& Girls Clubs on young people living in public housing, as well as on the overall quality of life in housing developments. Focused on alcohol and other drug use, delinquency and vandalism, the study involved 15 different public housing developments over a three-year period. The researchers found that Boys & Girls Clubs made a significant difference in the quality of life for residents in public housing. When compared to other public housing sites,those with Clubs experienced: ✓ 25%reduction in presence of crack.cocaine ✓ 22%reduction in overall drug activity ✓ 13%reduction in juvenile crime Preliminary school data suggests the potential impact of Boys & Girls Clubs on school performance: lower percentages of academic failure, and fewer behavior problems in schools attended by girls and boys from public housing sites with Clubs. Adult residents of public housing also benefit from the presence of Boys & Girls Clubs. Adult family members in communities with Clubs are more involved in youth-oriented activities and school programs. The researchers concluded that Boys & Girls Clubs exert a positive and palpable influence on the human and physical environment of the public housing sites studied. While Dr. Schinke's study was conducted in Club's located in public housing, it is reasonable to assume that these benefits translate across all Boys& Girls Club environments. Talking to Ann Street residents who were around nine years ago when the Boys& Girls Club of Elgin first opened its doors, they would tell you that the neighborhood is a different place today in part because of the services provided out of the clubhouse. Millions of American youth have benefited from belonging to a Boys & Girls Club since the first Club opened its doors in 1860. Today there are an estimated 6-10 million living Club alumni worldwide. Many former Club members have gone on to become leaders in a wide range of professions and fields. 10 Based on a 1999 study by Louis Harris &Associates,Boys & Girls Club alumni have very strong feelings about their individual Club experiences: ✓ 80% said Club staff helped them learn right from wrong ✓ 95% indicated the Club was the best thing available in their community ✓ 52% said participating in the Club "saved my life." A Boys & Girls Club will provide area residents with a safe place where their children can come after-school and work on their homework and other educationally enhancing programs such as homework assistance, tutoring, educational activities, and computer literacy classes. Perhaps most importantly,the clubhouse on Dundee Avenue will provide area children with a safe place after-school. In the last nine years that the Club has been open,there have been a handful of gun-related crimes in the neighborhoods we serve. In fact, two incidents occurred at the intersection of Gifford and Ann Streets within the last seven years. Most recently, one of our members was the victim of a gun-related crime in September 2001. If the cycle of poverty is to be broken and economic growth encouraged,then the City of Elgin needs to consider investing in programs such as Project Learn. 11 • Area benefiting from proposed project: Census Tract(s): 8509, 8512, 8513, 8514 Population benefiting from proposed project: According to the 2000 Census,there are approximately 4,137 families living in census tracts 8509, 8512, 8513, and 8514. The following are the economic statistics available for all families living in these census tracts. 2000 Census Tract Income Data Census Census Census Census INCOME IN 1999 Tract 8509 Tract 8512 Tract 8513 Tract 8514 Households 273 638 1650 1576 Less than$10,000 33 44 69 76 $10,000 to$14,999 13 56 50 57 $15,000 to$24,999 49 49 259 140 $25,000 to$34,999 23 111 217 227 $35,000 to$49,999 46 159 355 256 $50,000 to$74,999 73 76 464 505 $75,000 to$99,999 11 105 138 216 $100,000 to$149,999 25 38 69 77 $150,000 to$199,999 0 0 6 22 $200,000 or more 0 0 23 0 Median household income (dollars) $38,558.00 $40,872.00 $45,594.00 $51,250.00 The following information was pulled from the 2003 Illinois State Board of Education (ISBE) School Report Cards on the children the Boys & Girls Club of Elgin considers inside of its service area: Native % Low Mobil School Name Enrollment %White %Black %Hispanic %Asian American Income Rate Elgin High School 2193 42.6% 11.2% 40.3% 5.8% 0.0% 31.5% 24.8% Ellis Middle School 531 31.8% 13.0% 49.5% 5.6% 0.0% 56.5% 19.3% Larsen Middle School 785 26.2% 8.5% 60.5% 4.6% 0.1% 48.4% 19.5% Channing Elementary 527 12.5% 11.6% 70.4% 5.3% .02% 77.0% 29.2% Coleman Elementary 747 45.6% 8.0% 41.9% 4.4% 0.0% 48.2% 11.1% Garfield Elementary 514 6.2% 20.2% 72.2% 0.8% 0.6% 88.7% 26.6% McKinley Elementary 503 31.0% 12.1% 55.5% 1.4% 0.0% 56.1% 13.2% Sheridan Elementary 523 6.9% 9.2% 82.4% 1.5% 0.0% 77.6% 22.7% Lords Park Elementary 754 43.2% 5.7% 42.3% 8.6% 0.1% 31.3% 15.0% In 2003,the Boys & Girls Club of Elgin served 544 different children. According to the demographic sampling data provided on the Club's membership forms,the following were the annual household income breakdowns for families served by the Boys & Girls Club of Elgin: 12 • 29%earn less than $9,000 per year; • 15%earn between $9,000 - $12,000; • 12% earn between $12,000 - $15,000; • 8%earn between $15,000 - $19,000; • 9%earn between $19,000 - $23,000; • 7.5%earn between $23,000 - $28,000; • 6%earn between $28,000—32,700; • 5%earn between $32,700 -$37,500; • 3% earn $37,500 - $42,000; and • 5.5%earn more than $42,000. It is the mission of the Boys & Girls Club of Elgin to reach out and serve families from "disadvantaged circumstances." This is not just inclusive to disadvantages stemming from economic circumstances. The Boys & Girls Club of Elgin also considers the following conditions as disadvantaged circumstances: living in high drug trafficking neighborhoods, attending schools on the state academic watch list, living in neighborhoods with gang activity and gun violence, coming from a single parent household, being a latchkey child, etc.It is for these reasons the Boys & Girls Club of Elgin believes offering supplemental educational opportunities to children inour service area after school meets the national objective of addressing community development needs that pose a serious and immediate threat to the health and welfare of the community. Eligible Activity: This project falls within the following"eligible activity"found in section 2.3.2 of the CDBG application: "Public Services." National Objective: This project falls within the following national objective found in Section 2.3 of the CDBG application: "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 to meet such needs." 13 Project Cost Estimate: The following is a budget for how much the educational activities described in this proposal will cost in FY 2004: Salaries $52,850 'iOr Employee Benefits $4,404 Payroll Taxes $6,061 Professional Fees $6,327 Office Supplies $400 Program Supplies $6,394 Postage &Shipping $258 Telephone $1,050 llW Occupancy $3,460 Equipment Rental & Maintenance $1,773 Printing & Publications $976 Travel $3,770 Conferences& Meetings $1,238 Assistance to Individuals $2,706 Membership Dues $924 Awards&Grants $871 Insurance $7,708 Payments to Affiliated Organizations $1,548 Clubhouse remodeling and renovation $7,500 Other Expenses $1,400 14 Project implementation: This budget represents a significant increase over FY 2003 because the Boys & Girls Club of Elgin is trying to shift more of a programmatic emphasis onto educational programming in FY 2004. Additionally, the new Ellis Middle School outreach program is new and significantly adds expenses to this area of the budget. TASK COMPLETION DATE Hire one additional staff person in Dundee Avenue January 31, 2004 clubhouse Train for Club staff as it relates to Project Learn and Power September 10, 2004 Hour Meet with school officials to coordinate activities for 2004- June 1, 2004 05 school year Recruit homework helpers and tutors ongoing Train homework helpers and tutors ongoing Create program enhancements which include integrated March 1, 2004 activities in other Core Program Areas Implement academic goal setting September 1, 2004 Implement expanded recognition and incentive system July 1, 2004 Publicize program with press event and celebration October 2004 (Lights On After-School) Recruit Club members,parents and community members ongoing Conduct joint orientation for helpers,tutors, Club ongoing professionals, parents and school representatives Establish support programs for parents October 1, 2004 Hire and train new Ellis Middle School teachers for 2004- September 15, 2004 05 school year collaboration Documentation and Reporting: In an effort to gather better data on our members, the Boys & Girls Club of Elgin invested in the KidTrax®database management system in 2000. This software package allows us to scan our members using bar-coded membership cards. It provides us with valuable information that helps us better know who we are serving as well as provides our supporters and donors with the information they sometime require. 15 The KidTrax database system allows Club staff to run reports on the number of kids being served. This data can be broken down into daily attendance reports, unduplicated monthly reports and annual reports. The database also produces reports on household income, ethnicity, age, single parent family, and household size. As with any database, the quality of information gathered will determine the quality of the reports it produces. While getting the families of the Boys& Girls Club of Elgin to provide us with some of this data has been difficult at times,the front line program staff is getting better at securing the necessary information from our families. When too few families report data in a particular category, staff may use the available data as"sample data"and extrapolate the findings to the larger population. However, this technique is not encouraged. The outcome evaluation will answer three questions: • Was there a change in the number of hours participants spent completing homework? • Was there improvement in participants' spelling skills? • Was there improvement in participants' math skills? To answer these questions, we will document changes in behavior using pre-tests,post- tests and participation data. 16 r 1 EXHIBIT B ASSURANCES The SUB-RECIPIENT hereby assures and certifies that it will comply with the regulations, policies, guidelines and requirements with respect to the acceptance and use of CDBG funds in accordance with the ACT and City of Elgin policies. Also, the SUB-RECIPIENT certifies with respect to the grant that: 1. It possesses legal authority to make a grant submission to the City and to execute a community development and housing program; 2. Its governing body has duly adopted or passed as an official act, a resolution, motion or similar action authorizing the person identified as the official representative of the SUB-RECIPIENT to execute the Agreement, all understandings and assurances contained herein, and directing the authorization of the person identified as the official representative of the SUB-RECIPIENT to act in connection with the execution of the Agreement and to provide such additional information as may be required. 3. Prior to submission of its application to the City, the SUB-RECIPIENT has: (A) Met the citizen participation requirements of 570.301(b)and has provided citizens with: (1) The estimate of the amount of CDBG funds proposed to be used for activities that will benefit persons of low and moderate income; and (2) Its plan for minimizing displacement of persons as a result of activities assisted with CDBG funds and to assist persons actually displaced as a result of such activities; (B) Prepared its application in accordance with the policies of the City of Elgin and made the application available to the public; 4. The grant will be conducted and administered in compliance with: (A) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352 42 U.S.C. Sec 2000d et seq.) and implementing regulations issued at 24 CFR Part I; (B) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-208), as amended; and that the SUBGRANTEE will administer all programs and activities related to housing and commu- nity 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; 10 (H) The Age Discrimination Act of 1975 (Pub. L. 94-135), as amended, and implementing regulations when published for effect; (I) The relocation requirements of Title II and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and the implementing regulations at 24 CFR Part 42, as required under 24 CFR 570.606; (J) The labor standards requirements as set forth in 24 CFR Part 570, Subpart K and HUD regulations issues to implement such requirements; (K) Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 11738 relating to the prevention, control and abatement of water pollution; (L) The flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (Pub. L. 93-234); (M) The Fair Housing Act(42 U.S.C. 3601-20); 5. Its notification, inspection, testing and abatement procedures concerning lead-based paint will comply with 570.608 and 24 CFR Part 35 ; and 6. When a grant is in excess of $100,000 it will comply with all applicable standards, orders, or requirements issued under Section 308 of the Clean Air Act (42 U.S.C. 1857(h), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulation (40 CFR Part 15), which prohibit the use under nonexempt Federal contracts, grants or loans, of facilities included on the EPA list of Violating Facilities. The provision shall require reporting of violations to the City, HUD, and to the AESOP Assistant Administrator for Enforcement(EN-329). 7. It has developed its application so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight; (the application may also include activities which the SUB-RECIPIENT certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); 8. It is following the current City of Elgin Consolidated Plan which has been approved by HUD pursuant to 570.306; and 9. It will not attempt to recover any capital costs of public improvements assisted in whole or in part with funds provided under Section 106 of the ACT or with amount resulting from a guarantee under Section 108 of the ACT by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements, unless: (1) funds received under Section 106 of the ACT are used to pay the proportion of such fee or assessment that relates to the capital costs of such public improvements that are financed from revenue sources other than under Title I of the ACT; or (2) for purposes of assessing any amount against properties owned and occupied by low and moderate income persons, the SUB-RECIPIENT certifies that it lacks sufficient funds received under Section 106 of the ACT to comply with the requirements of subparagraph (1)above. 10. The SUB-RECIPIENT certifies that it will provide a drug-free workplace by: (A) Publishing a statement notifying employees that the unlawful manufacture, distribution, 11 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. 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 anyFederal contract, grant, loan, or cooperative agreement. P 9 (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 12 1, 1 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 subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients 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 prereq- uisite 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. 13 s � EXHIBIT C EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION Community Development Block Grant Program City of Elgin The undersigned understands and agrees that it is a SUB-RECIPIENT of the Community Development Block Grant Program of the City of Elgin. The undersigned also agrees there shall be no discrimination against any employee who is employed in carrying out work from the assistance received from the County of DuPage and the Department of Housing and Urban Development, or against any applicant for such employment, because of race, color, religion, sex, age or national origin, including but not limited to employment, upgrading, demotion or transfer; recruitment or recruitment advertising; lay off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The SUB-RECIPIENT further agrees to the following: (1) It will incorporate or cause to be incorporated into any grant contract, loan, grant insurance or guarantee involving Federally assisted construction work, or modification thereof, which is paid for in whole or in part with funds obtained from the Community Development Block Grant program, the language contained in HUD Equal Employment Opportunity Regulations at 42 CFR 130.15(b), in Executive Order 11246, as amended by Executive Orders 11375 and 12006, and implementing regulations issued in 41 CFR Chapter 60. (2) It will be bound by said equal opportunity clause with respect to its own employment practices when it participates in any Community Development Block Grant Program construction. (3) It will assist and cooperate actively with the City of Elgin, the Department of Housing and Urban Development and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations and relevant orders of the Secretary of Labor. (4) It will furnish the City of Elgin, the Department of Housing and Urban Development and the Secretary of Labor such information as they may require for the supervision of such compliance, and will otherwise assist the City of Elgin and the Department of Housing and Urban Development in the discharge of primary responsibility for securing compliance. (5) It will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from or who has not demonstrated eligibility for government contracts and Federally assisted construction contracts pursuant to the Executive Order. (6) It will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the Secretary of Labor, the City of Elgin or the Department of Housing and Urban Development. (7) In the event that SUBGRANTEE fails or refuses to comply with the undertaking, the City of Elgin, or the Department of Housing and Urban Development may take any or all of the following actions: cancel, terminate or suspend, in whole or in part, this grant, refrain from extending any further assistance to the SUB-RECIPIENT until satisfactory assurance of future compliance has been received; and refer the case to the Department of Housing and Urban Development for appropriate legal proceedings. 14 • SUBGRANTEE: Boys & Girls Clubs of Elgin ADDRESS: 361 Hickory Place Elgi , i o' 60 0 BY: '/N� rik Anderson Executiv Dire tor Date: // % \i/JATTEST: • "OFFICIAL SEAL" JANAH LEE FRANKS Notary Public.State of Illinois My Commission Expires 3-04-2006 15 `\= _i �ti§ City of Elgin Agenda Item No. L G July 23, 2004 • TO: Mayor y and Members of the CityCouncil --.-d '�' -�- QUALITY HpUSING FROM: David M. Dorgan, City Manager .(0 14. Amy Coyne, CDBG Program Coordinator SUBJECT: Boys& Girls Clubs of Elgin 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 the Boys & Girls Clubs of Elgin. RECOMMENDATION It is recommended that the City Council approve the Sub-Recipient Agreement between the City of Elgin and the Boys & Girls Clubs of Elgin in the amount of$25,000. BACKGROUND Boys & Girls Clubs of Elgin is a not-for-profit organization providing educational and recreational programs for low and moderate income families. Over the last 10 years, the club has provided after school programs for approximately 1,000 children and their families. The club is located at 355 Dundee Avenue, Elgin. The Boys & Girls Clubs of Elgin 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. The Boys & Girls Clubs of Elgin was allocated a total of$25,000 in CDBG funds from the 2004 CDBG Program Year. The funds will be utilized to provide operational support (i.e. salaries and benefits for the staff involved in the program) for the Power Hour and Project Learn programs. The five goals of the programs are (1) homework help and tutoring, (2) high-yield learning and leisure activities, (3) parent and adult involvement, (4) collaboration with schools, and (5) incentives. At a minimum, 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. 1 , CDBG—Boys and Girls Club of Elgin July 23, 2004 Page 2 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. FINANCIAL IMPACT The Sub-recipient Agreement with the Boys & Girls Club of Elgin will total $25,000. Pending HUD's execution of the Funding Agreement, sufficient funds are budgeted ($25,000) and available ($25,000) to enter into this agreement in the CDBG Program Year 2004, Professional Services Miscellaneous, account number 230-0000-791.30-99, project number 154073. EGAL IMPACT Vl°j 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 AGREEMENT BETWEEN THE CITY OF ELGIN AND BOYS &GIRLS CLUBS OF ELGIN, INC. This AGREEMENT is entered into as of the day of , 2004, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter called "GRANTEE" or"CITY") and BOYS & GIRLS CLUBS OF ELGIN, INC., a not-for-profit corporation incorporated pursuant to the laws of the State of Illinois, (hereinafter called "SUB-RECIPIENT") having a principal place of business at 361 Hickory Place, Elgin, Illinois, 60120. I. 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 dated December 31, 2003 and project description submitted by the SUB-RECIPIENT entitled "Boys & Girls Clubs of Elgin", 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 support educational activities encompassed in the Project Learn and Power Hour Program. The program will aid families and children from disadvantaged circumstances. The aforementioned program will provide homework help and tutoring, parent and adult involvement, collaboration with schools, and incentives. The Boys & Girls Clubs of Elgin's program is an area-wide benefit located in Census Track 8513. 100% of the clients served will be low and moderate income persons as defined by 24 CFR 570.208 (a)(1)(i). Such funding shall be used only for salaries and benefits for staff involved directly with the program, operating expenses associated with the Project Learn and Power Hour Program, and other costs associated with the above activities that are consistent with the scope and intent of the PROJECT and are pre-approved by the City staff. C. 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. 1 D. 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. E. SUB-RECIPIENT shall return to the CITY any program income, as defined in 24 CFR Part 570.500(a), which is generated as a result of this PROJECT. 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-RECIPIENT'S portion of the total grant received by the CITY and in consideration of SUB-RECIPIENTS'S undertaking to perform the PROJECT, a maximum of$25,000 (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. 154073 and Account No. 230-0000- 791.30-99,which identifying numbers shall be used by SUB-RECIPIENT on all payment requests. IV. SUBGRANTEE'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"B"attached hereto and made a part hereof. D. SUBGRANTEE, 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, recruit- ment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, including apprenticeship. E. SUB-RECIPIENT shall permit CITY and the Department of Housing and Urban Development to conduct on-site reviews, examine personnel and employment records and to conduct any other procedures or practices to assure compliance with the provisions of this agreement. SUB- RECIPIENT agrees to post in conspicuous places available to employees and applicants for employment notices setting forth the provisions of this non-discriminatory clause. 2 • a F. SUB-RECIPIENT shall not violate any laws, state or federal rules or regulations, including but not limited to those regarding a direct or indirect illegal interest on the part of any employee or elected official of the SUB-RECIPIENT in the PROJECT or payments made pursuant to this Agreement. G. SUB-RECIPIENT hereby warrants and represents that neither the project, including but not limited to any funds provided pursuant thereto, nor any personnel employed in the administration of the program shall be in any way or to any extent engaged in the conduct of political activities in contravention of Chapter 15 of Title 5, United States Code, 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 exclusively for the benefit of low and moderate income persons as defined by HUD, for a period of 15 years after the expiration of the Agreement M. If during the 15 year period after the expiration of this Agreement, the SUB-RECIPIENT disposes of any property under the SUB-RECIPIENT'S control that was acquired and/or improved in whole or in part with CDBG funds in excess of $25,000, then the SUB-RECIPIENT will reimburse the CITY in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property in accordance with 24 CFR 570.503(b)(8)and 24 CFR 570.505. V. RIGHTS TO SUBCONTRACT A. SUB-RECIPIENT is herewith granted authority to subcontract all or any portion of the PROJECT to such engineers, architects, independent land use consultants, professional land planner, construction contractors or other entities as SUB-RECIPIENT shall deem appropriate or necessary and upon such terms as may be acceptable to SUB-RECIPIENT. B. Administration of any subcontracts by the SUB-RECIPIENT shall be in conformance with 24 CFR Part 570.200(d)(2) and Part 85.36. 3 VI. SUB-RECIPIENT'S AUTHORIZTION 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 comple- tion; (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 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 CDBG 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. 4 C. Except as provided for in Sections IX and X hereof, 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 CDBG funds in conformance with the regulations, policies, guidelines and requirements of OMB Circular numbers A-110, and A-122, as they relate to the acceptance and use of federal funds for the PROJECT. B. SUB-RECIPIENT shall submit all required information to show compliance with applicable laws, rules and regulations, as specified in this Agreement and shall submit to CITY a monthly 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. 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 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 reasonable opinion of the CITY, the CITY may withhold payment of the Grant Funds until such time as the violation or breach is remedied. No action taken or withheld by the CITY under this paragraph shall relieve the SUB-RECIPIENT of its liability to the CITY for any funds expended in violation of any of the terms of this Agreement. D. 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 of liability arising out of or resulting from or through, or alleged to arise out of, any breach of this agreement; misuse or misapplication of funds derived pursuant to this agreement by SUB- RECIPIENT; violation of any statutes, rules and regulations, directly or indirectly, by SUB- RECIPIENT and/or any of its agents or representatives; or any negligent acts or omissions of SUB-RECIPIENT or of SUB-RECIPIENT'S officers, employees, agents or subcontractors. In the 5 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, 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 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, 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 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. Milestones Date 1. 50% of funds expended (claims submitted 01/05 for 50% of funds) 2. 100%of funds expended (claims submitted 7/05 for 100% of funds) B. SUB-RECIPIENT shall complete the PROJECT by August 11, 2005. 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. 6 B. SUBJECT TO FINANCIAL ASSISTANCE AGREEMENT - This Agreement is made subject to financial assistance agreements between the COUNTY 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, SUBGRANTEE 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. 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates recited below. CITY OF ELGIN, an Illinois Municipal Corporation BY: David Dorgan City Manager DATE: ATTEST: Dolonna Mecum City Clerk SUB-RECIPIENT: BOYS &GIRLS CLUBS OF ELGIN BY: Erik Anderson Executive Director DATE: ATTEST: • EXHIBIT A SUB-RECIPIENT'S CDBG APPLICATION 9 • PROJECT APPLICATION CITY OF ELGIN CDBG PROGRAM 2003-2004 PROGRAM YEAR Date of Submittal: December 31, 2003 Project Name: Project Learn/Power Hour Project Address: 355 Dundee Ave. City: Elgin State: Illinois Zip Code: 60120 Submitting Agency/Organization: Boys & Girls Club of Elgin Contact Person Name: Erik Anderson Address: 361 Hickory Place (PO Box 416) City: Elgin State: Illinois Zip Code: 60120 Telephone: 847-608-5017 Fax/Email: 847-608-6580 or erik.bece@foxvalley.net Amount of CDBG Funding Request: $60,000 2 • STATEMENT OF PURPOSE: The Boys & Girls Club of Elgin respectfully requests that the City of Elgin allocate $60,000 in CDBG funding to partially finance the Project Learn and Power Hour programs out of the Dundee Avenue Clubhouse and the Ellis Middle School extension program. The purpose of these programs is to enable the Boy& Girls Club to provide a public service to some of Elgin's most needy residents by helping their children succeed in school. This project is part of a larger mission to create economically productive citizens to sustain the Elgin community well into the future. The Boys & Girls Club of Elgin strives to inspire and enable all young people, especially those from disadvantaged circumstances, to realize their full potential as productive, responsible and caring citizens. Membership has risen from the initial 100 children who signed up in 1993 to 544 members in 2003. In 10 years, the Boys & Girls Club of Elgin has served more than 1,000 different children. The following is demographic information acquired from membership forms: • Between 1/1/03 and 12/31/03 the Club served 544 different children. • Members, 51% are girls and 49%are boys. • Our membership breakdown by ethnicity is as follows: 58%African-American; 25%Hispanic; 7%Multi-racial/Other/Unreported; 8% Caucasian; and 2% Asian- , American. • Our membership breakdown by age range is: 32% are between 6- and 9-years-old; 32%are between 10- and 12-years-old; and 36%are 13-to 17-years-old. • At least 66% of our children come from single parent households. • Our membership breakdown by family income is: 29%earn less than $9,000 per year; 15% earn between $9,000 - $12,000; 12%earn between $12,000 - $15,000; 8%earn between $15,000 - $19,000; 9% earn between $19,000 - $23,000; 7.5% earn between $23,000 - $28,000; 6% earn between $28,000—32,700; 5% earn between$32,700 - $37,500; 3%earn $37,500 - $42,000; and 5.5% earn more than $42,000 in annual household income. • On a weekly basis,the Boys & Girls Club of Elgin will typically serve between 100 to 150 different children. Approximately 70 to 100 of these members will spend some of their time during the week at the Club in the computer lab or in a computer class. • A majority of Club members live in Census Tracts 8509, 8513, 8514 and 8512. • There are three schools from which the Boys & Girls Club of Elgin draws the majority of its membership—Channing Memorial Elementary School, Sheridan Elementary School and Garfield Elementary School. According to the Illinois State Board of Education Report Cards in 2003, the poverty rate for these schools are 77%, 77.6% and 88.7%respectively. 3 The Dundee Avenue clubhouse, at the intersection of Dundee Avenue and Ann Street, serves approximately 50 to 65 members per day. In any given week,this unit will see between 75 and 100 different children. On some summer days, there are 90 to 100 members in and out of this small 2,000 square foot facility playing billiards, working on computers, or reading a book. In 2003,the Boys & Girls Club entered into a school-based partnership with Ellis Middle School. The purpose of this collaboration was to save a number of educational after- school programs for children from disadvantaged circumstances from budget cuts. Funding for this program was secured from the State of Illinois and runs out on June 30, 2004. It is the vision of the Boys & Girls Club of Elgin to be the leading neighborhood-based youth serving agency in Elgin. With a goal of reaching more than 1,000 families per year by 2005, it is crucial the Club construct a new full-service Boys & Girls Club serving the neighborhoods feeding into Sheridan, Charming and Garfield Elementary Schools. Within the Boys & Girls Club of Elgin's service area, it is the Club's desire to operate school-based programs clustered around a new full-service clubhouse. This "hub-and- spoke" approach will allow the Club to share the excellent academic programs offered at the school-based programs. It will also enable the school-based sites to use the outstanding recreational facilities at the full-service clubhouse. By sharing programs and staffingstrengths through the hub-and-spoke model, both gt g pthe school-based sites and the clubhouse facility increase the quality and breadth of programs available to at-risk kids in a cost-effective manner. Ensuring a meaningful education for every child in Elgin, Illinois has never been more crucial than it is today. Elgin's young people are performing poorly in school. Despite decades of reform,the American educational system is struggling to meet the increasing demands placed on it. According to the Carnegie Corporation's Years of Promise:A Comprehensive Learning Strategy for America's Children, underachievement is a crisis for all children, rich and poor.' Recent studies by the National Center for Education Statistics demonstrate this. • In 1998, 70 percent of fourth graders, 67 percent of eighth graders, and 60 percent of 12th graders read below the proficient level.2 • In 1996, 79 percent of fourth graders, 76 percent of eighth graders, and 84 percent of twelfth graders performed below the proficient level in mathematics.3 Carnegie Task Force on Learningin the PrimaryGrades(1996) Years of Promise:A Comprehensive Learning Strategy for America's Children.New York: Carnegie Corporation of New York. 2 National Center for Educational Statistics(1999)NAEP 1998 Reading Report Card for the Nation and the States. Washington,D.C.:U.S. Department of Education,Office of Education Research and Improvement. 3 National Center for Educational Statistics(1997)NAEP 1996 Mathematics Report Card for the Nation and the States.Washington,D.C.:U.S.Department of Education,Office of Education Research and Improvement. 4 The problem is especially critical for at-risk youth. At-risk children begin their early grades believing they can achieve. By the fourth grade, many of these young people lose their curiosity and interest in learning. Research indicates that these young people are critically influenced by the patterns set in their early years of formal schooling. "By the end of the third grade, most children are launched into achievement trajectories that they follow for the rest of their school years."4 Moreover, many middle-school students face additional feelings of uncertainty, increasing levels of alienation, diminishing engagement in learning, and increasing rates of absenteeism from school. On the other hand, young people who enjoy school and feel a sense of accomplishment there will "seize opportunities for learning both inside and outside of school."5 They are much more likely to finish school and go on to higher education or additional job training —and to become the lifelong learners we want them to be. We can find similar patterns of underachievement in our community. All three of the elementary schools serving families in our service area (Sheridan Elementary School, Charming Memorial Elementary School and Garfield Elementary School) have been on the Illinois State Board of Education's academic watch list within the last three years. According to state test scores, an unacceptable number of children living in the neighborhoods we serve are severely below the state standards in reading, writing and math. The following information was pulled from the 2003 Illinois State Board of Education (ISBE) School Report Cards on the children the Boys & Girls Club of Elgin considers inside of its service area: Percent Percent Percent Percent Not Not Not Not Meeting Meeting Meeting Meeting Overall Reading Math Writing State Test Test Test Test High School Name Standards Standards Standards Standards Elgin High School 63.1% 60.2% 65.4% 61.7% Percent Percent Percent Percent Not Not Not Not Meeting Meeting Meeting Meeting Overall Reading Math Writing State Test Test Test Test Middle School Name(s) Standards Standards Standards Standards Ellis Middle School 53.6% 54.9% 65.2% 45.8% Larsen Middle School 61.1% 53.3% 64.8% 52.8% 'Carnegie Task Force on Learning in the Primary Grades(1996) Years of Promise:A Comprehensive Learning Strategy for America's Children.New York:Carnegie Corporation of New York. 5 Carnegie Council on Adolescent Development(1992)Turning Points:Preparing American Youth for the 2151 Century.New York: Carnegie Corporation of New York. 5 • • Percent Percent Percent Percent Not Not Not Not Meeting Meeting Meeting Meeting Overall Reading Math Writing Elementary School State Test Test Test Test Name(s) Standards Standards Standards Standards Channing Elementary 60.5% 62.7% 32.2% 50.0% Coleman Elementary 38.9% 25.6% 8.9% 40.0% Garfield Elementary 54.7% 31.0% 20.7% 69.0% McKinley Elementary 47.6% 34.3% 16.7% 19.4% Sheridan Elementary 44.2% 48.3% 32.1% 65.5% Lords Park Elementary 41.8% 43.2% 29.5% 52.3% Many factors contribute to the academic failure of young people from disadvantaged circumstances. Research by Dr.Reginald Clark demonstrates that the way children use their time—both in and out of school—is an important predictor of their academic performance. Clark found that low-achieving students spend most of their non-school hours involved in activities that have little benefit to them in the classroom. High- achieving students, on the other hand,participate in more activities that reinforce the skills and knowledge they are learning in school. Clark's research suggests that Boys& Girls Clubs can enable young people to become high-achieving students by incorporating academically beneficial activities—known as high-yield learning activities—into the Club's daily program schedule. Recent research, synthesized by the U.S.Department of Education,documents that after- school programs can improve educational outcomes for school-age youth. This report states that after-school programs can: • Increase achievement in math,reading and other subjects • Help children develop greater confidence in their academic abilities • Increase school attendance rates • Improve the quantity and quality of completed homework • Improve rates of high school graduation • Improve student behavior Dr. Clark's work exhibits an increasing need for supplemental educational opportunities during non-school hours. Although schools have the primary responsibility for children's formal education,families,communities and after-school programs have a profound impact on children's learning. All of these institutions have a collective responsibility to improve the academic development of children. Children need supplemental opportunities for enhanced learning and reinforced • application of the skills they learn in school. They ought to be able to find these opportunities in the home, in the community, after school, in the evenings, on weekends and during summer vacations. 6 Boys& Girls Clubs of America used Clark's research to design and field-test"Project Learn". The program features five major components: • Homework help and tutoring • High-yield learning and leisure activities • Parent and adult involvement • Collaboration with schools • Incentives Through these five components, the Club mobilizes its resources to help children succeed in school. Homework Help and Tutoring: We offer homework help and tutoring five to six hours weekly. This enables Club members to develop the daily habit of completing homework and preparing for class in a safe, quiet, allocated space with staff and volunteer encouragement and assistance. We use POWER HOUR,a homework help and tutoring program developed by Boys &Girls Clubs of America,to help our members complete their daily school assignments. Club professionals,volunteers or even older Club members assist younger members. Our incentive program, Power Points,gives Club members an extra opportunity to practice and reinforce the skills and concepts they learn in school. Club members receive points for completing fun-filled worksheets or using educational software, flash cards, etc. They can use the Points to acquire books and school supplies or participate in special field trips and Club events. Tutoring is another component of POWER HOUR. Tutoring helps Club members gain proficiency or excel in specific areas, such as math,grammar, science or social studies. We offer both individual or small-group tutoring sessions. An important objective of the program is to help our members become self-directed learners. The Club offer POWER HOUR Mondays—Thursdays for one to two hours each day. Fridays are usually reserved for special events or activities related to education, such as field trips,tournaments, guest speakers, etc. High-Yield Learning Activities: High-yield learning activities (HYLAs)help young people to see the practical application of lessons taught in the classroom. HYLAs also help them to plan self-directed learning enrichment. We encourage our members to make positive and productive choices about how they spend their leisure time at the Club. We offer the following high-yield learning activities each week: • Writing activities(one to two hours). These activities include writing reports, stories, newsletter articles, etc.. • Leisure reading(four to five hours). Reading opportunities include age- appropriate periodicals like Sports Illustrated for Kids, newspapers, bulletin boards, game instructions,recipes, etc. 7 • Discussions with knowledgeable adults(four to five hours). These include casual discussions with Club staff members,mentoring programs, career exploration,teen summit discussions on current events and issues, etc. • Helping others(two to three hours). Service activities could include cleaning up local neighborhoods, visiting nursing homes, assisting with a Club service project, etc. • Games that sharpen cognitive skills,(four to five hours). Skill-building games might include Scrabble®, Monopoly®,Jenga®, chess,pool, foosball,ping pong, etc. This includes a number of different education-based computer software packages such as Math Blaster. • Computer literacy classes(five hours). SkillTech is a program designed to help children learn how to use Microsoft software packages such as Word, Excel,Power Point, etc. These classes are also available to adults throughout • the community. Collaborations with Schools: When we work with schools,we are able to help our members develop competency in challenging subjects. As part of our partnership with schools,we participate in PTA open houses for neighborhood schools. It is critical that Club staff members develop a relationship with each school represented at the Club to encourage communication between and among teachers,parents and Club professionals. This strengthens the "educational safety net"for Club members. In 2003,the Boys& Girls Club formalized a collaborative program with Ellis Middle School and now runs a number of different Project Learn activities inside the school. Incentives,Recognition and Goal-Setting: Members and staff use recognition and goal setting to plan achievement and improvement daily,weekly and monthly. As an incentive,we offer our members the opportunity to participate in special events and field trips when they improve their academic achievement levels. We also host special monthly parties for children who achieve a certain level of"Power Points,"which are awarded based upon their participation and scholastic achievement. Our goal,however, is to help young people move away from the need for material rewards for their successes. Our guidance strategy helps them learn to appreciate the intrinsic feelings of success that come from realizing their potential. Young people participating in Project Learn can be expected to receive the following benefits: Benefits to Learners: • Individualized, structured • Practical application of skills learning experience taught in the classroom • Improved attitude toward • Remedial support as needed learning in the school and Club • Improved self-esteem • Self:paced and self-directed • • Improved grades in school learning • Improved behavior 8 Benefits to Peer and Cross-Age Tutors: • Heightened sense of competency • Increases ability to manage in conforming to a new role learning and improves study • Encourages higher levels of strategies thinking • Increases knowledge of specific • Permits older students to study subjects below-level material without • Improves attitude toward embarrassment learning in school and the Club • Increases motivation to learn in order to maintain new position 9 Low& Moderate Income Benefit Statement: The Boys & Girls Club of Elgin contributes to a suitable and stable neighborhood • environment for low and moderate income families.Boys& Girls Clubs historically impact surrounding neighborhoods by providing kids a safe place to go after-school which results in lower rates of juvenile crime,drug trafficking, and gang activity.Boys& Girls Club programming has also historically helped children do better in school,explore career interests, find positive adult role models and find a safe haven from the dangers found on the streets in the neighborhoods surrounding the clubhouse. A study led by Steven P. Schinke,Ph.D.,of Columbia University and a team of independent researchers evaluated the effects of Boys&Girls Clubs on young people living in public housing, as well as on the overall quality of life in housing developments. Focused on alcohol and other drug use, delinquency and vandalism,the study involved 15 different public housing developments over a three-year period. The researchers found that Boys& Girls Clubs made a significant difference in the quality of life for residents in public housing. When compared to other public housing sites,those with Clubs experienced: ✓ 25%reduction in presence of crack cocaine ✓ 22%reduction in overall drug activity ✓ 13%reduction in juvenile crime Preliminary school data suggests the potential impact of Boys & Girls Clubs on school performance: lower percentages of academic failure,and fewer behavior problems in schools attended by girls and boys from public housing sites with Clubs. Adult residents of public housing also benefit from the presence of Boys & Girls Clubs. Adult family members in communities with Clubs are more involved in youth-oriented activities and school programs. The researchers concluded that Boys& Girls Clubs exert a positive and palpable influence on the human and physical environment of the public housing sites studied. While Dr. Schinke's study was conducted in Club's located in public housing, it is reasonable to assume that these benefits translate across all Boys& Girls Club environments. Talking to Ann Street residents who were around nine years ago when the Boys& Girls Club of Elgin first opened its doors,they would tell you that the neighborhood is a different place today in part because of the services provided out of the clubhouse. Millions of American youth have benefited from belonging to a Boys &Girls Club since the first Club opened its doors in 1860. Today there are an estimated 6-10 million living Club alumni worldwide. Many former Club members have gone on to become leaders in •a wide range of professions and fields. 10 Based on a 1999 study by Louis Harris & Associates, Boys & Girls Club alumni have very strong feelings about their individual Club experiences: V 80% said Club staff helped them learn right from wrong ✓ 95% indicated the Club was the best thing available in their community ✓ 52% said participating in the Club "saved my life." A Boys & Girls Club will provide area residents with a safe place where their children can come after-school and work on their homework and other educationally enhancing programs such as homework assistance,tutoring, educational activities, and computer literacy classes. Perhaps most importantly, the clubhouse on Dundee Avenue will provide area children with a safe place after-school. In the last nine years that the Club has been open, there have been a handful of gun-related crimes in the neighborhoods we serve. In fact, two incidents occurred at the intersection of Gifford and Ann Streets within the last seven years. Most recently, one of our members was the victim of a gun-related crime in September 2001. If the cycle of poverty is to be broken and economic growth encouraged, then the City of Elgin needs to consider investing in programs such as Project Learn. I1 Area benefiting from proposed project: Census Tract(s): 8509, 8512, 8513, 8514 Population benefiting from proposed project: According to the 2000 Census, there are approximately 4,137 families living in census tracts 8509, 8512, 8513, and 8514. The following are the economic statistics available for all families living in these census tracts. 2000 Census Tract Income Data Census Census Census Census INCOME IN 1999 Tract 8509 Tract 8512 Tract 8513 Tract 8514 Households 273 638 1650 1576 Less than$10,000 33 44 69 76 $10,000 to$14,999 13 56 50 57 $15,000 to$24,999 49 49 259 140 $25,000 to$34,999 23 111 217 227 $35,000 to$49,999 46 159 355 256 $50,000 to$74,999 73 76 464 505 $75,000 to$99,999 11 105 138 216 $100,000 to$149,999 25 38 69 77 $150,000 to$199,999 0 0 6 22 $200,000 or more 0 0 23 0 Median household income (dollars) $38,558.00 $40,872.00 $45,594.00 $51,250.00 The following information was pulled from the 2003 Illinois State Board of Education (ISBE) School Report Cards on the children the Boys & Girls Club of Elgin considers inside of its service area: Native %Low Mobil School Name Enrollment %White %Black %Hispanic %Asian American Income Rate Elgin High School 2193 42.6% 11.2% 40.3% 5.8% 0.0% 31.5% 24.8% Ellis Middle School 531 31.8% 13.0% 49.5% 5.6% 0.0% 56.5% 19.3% Larsen Middle School 785 26.2% 8.5% 60.5% 4.6% 0.1% 48.4% 19.5% Channing Elementary 527 12.5% 11.6% 70.4% 5.3% .02% 77.0% 29.2% Coleman Elementary 747 45.6% 8.0% 41.9% 4.4% 0.0% 48.2% 11.1% Garfield Elementary 514 6.2% 20.2% 72.2% 0.8% 0.6% 88.7% 26.6% McKinley Elementary 503 31.0% 12.1% 55.5% 1.4% 0.0% 56.1% 13.2% Sheridan Elementary 523 6.9% 9.2% 82.4% 1.5% 0.0% 77.6% 22.7% Lords Park Elementary 754 43.2% 5.7% 42.3% 8.6% 0.1% 31.3% 15.0% In 2003, the Boys & Girls Club of Elgin served 544 different children. According to the demographic sampling data provided on the Club's membership forms, the following were the annual household income breakdowns for families served by the Boys & Girls Club of Elgin: 12 • 29%earn less than $9,000 per year; • 15%earn between $9,000 - $12,000; • 12% earn between $12,000 - $15,000; • 8%earn between $15,000- $19,000; • 9% earn between $19,000- $23,000; • 7.5%earn between$23,000 - $28,000; • 6%earn between $28,000—32,700; • 5% earn between $32,700 - $37,500; • 3%earn $37,500 - $42,000; and • 5.5%earn more than $42,000. It is the mission of the Boys & Girls Club of Elgin to reach out and serve families from "disadvantaged circumstances." This is not just inclusive to disadvantages stemming from economic circumstances. The Boys & Girls Club of Elgin also considers the following conditions as disadvantaged circumstances: living in high drug trafficking neighborhoods, attending schools on the state academic watch list, living in neighborhoods with gang activity and gun violence, coming from a single parent household,being a latchkey child, etc.It is for these reasons the Boys & Girls Club of Elgin believes offering supplemental educational opportunities to children inour service area after school meets the national objective of addressing community development needs that pose a serious and immediate threat to the health and welfare of the community. Eligible Activity: This project falls within the following"eligible activity" found in section 2.3.2 of the CDBG application: "Public Services." National Objective: This project falls within the following national objective found in Section 2.3 of the CDBG application: "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 to meet such needs." 13 Project Cost Estimate: The following is a budget for how much the educational activities described in this proposal will cost in FY 2004: Salaries $52,850 Employee Benefits $4,404 r""' Payroll Taxes $6,061 Professional Fees $6,327 Office Supplies $400 '- Program Supplies $6,394 Postage & Shipping $258 Telephone $1,050 SW Occupancy $3,460 Equipment Rental & Maintenance $1,773 Avi Printing & Publications $976 Travel $3,770 Conferences& Meetings $1,238 Assistance to Individuals $2,706 Membership Dues $924 Awards & Grants $871 Insurance $7,708 Payments to Affiliated Organizations $1,548 Clubhouse remodeling and renovation $7,500 Other Expenses $1,400 14 Project implementation: This budget represents a significant increase over FY 2003 because the Boys & Girls Club of Elgin is trying to shift more of a programmatic emphasis onto educational programming in FY 2004. Additionally, the new Ellis Middle School outreach program is• new and significantly adds expenses to this area of the budget. TASK COMPLETION DATE Hire one additional staff person in Dundee Avenue January 31, 2004 clubhouse Train for Club staff as it relates to Project Learn and Power September 10,2004 Hour Meet with school officials to coordinate activities for 2004- June 1, 2004 05 school year Recruit homework helpers and tutors ongoing Train homework helpers and tutors ongoing Create program enhancements which include integrated March 1, 2004 activities in other Core Program Areas Implement academic goal setting September 1, 2004 Implement expanded recognition and incentive system July 1, 2004 Publicize program with press event and celebration October 2004 (Lights On After-School) Recruit Club members,parents and community members ongoing Conduct joint orientation for helpers, tutors, Club ongoing professionals, parents and school representatives Establish support programs for parents October 1, 2004 Hire and train new Ellis Middle School teachers for 2004- September 15, 2004 05 school year collaboration Documentation and Reporting: In an effort to gather better data on our members, the Boys& Girls Club of Elgin invested in the KidTrax©database management system in 2000. This software package allows us to scan our members using bar-coded membership cards. It provides us with valuable information that helps us better know who we are serving as well as provides our supporters and donors with the information they sometime require. 15 The KidTrax database system allows Club staff to run reports on the number of kids being served. This data can be broken down into daily attendance reports, unduplicated monthly reports and annual reports. The database also produces reports on household income, ethnicity, age, single parent family, and household size. As with any database,the quality of information gathered will determine the quality of the reports it produces. While getting the families of the Boys & Girls Club of Elgin to provide us with some of this data has been difficult at times, the front line program staff is getting better at securing the necessary information from our families. When too few families report data in a particular category, staff may use the available data as "sample data"and extrapolate the findings to the larger population. However, this technique is not encouraged. The outcome evaluation will answer three questions: • Was there a change in the number of hours participants spent completing homework? • Was there improvement in participants' spelling skills? • Was there improvement in participants' math skills? To answer these questions, we will document changes in behavior using pre-tests, post- tests and participation data. 16 EXHIBIT B ASSURANCES The SUB-RECIPIENT hereby assures and certifies that it will comply with the regulations, policies, guidelines and requirements with respect to the acceptance and use of CDBG funds in accordance with the ACT and City of Elgin policies. Also, the SUB-RECIPIENT certifies with respect to the grant that: 1. It possesses legal authority to make a grant submission to the City and to execute a community development and housing program; 2. Its governing body has duly adopted or passed as an official act, a resolution, motion or similar action authorizing the person identified as the official representative of the SUB-RECIPIENT to execute the Agreement, all understandings and assurances contained herein, and directing the authorization of the person identified as the official representative of the SUB-RECIPIENT to act in connection with the execution of the Agreement and to provide such additional information as may be required. 3. Prior to submission of its application to the City, the SUB-RECIPIENT has: (A) Met the citizen participation requirements of 570.301(b) and has provided citizens with: (1) The estimate of the amount of CDBG funds proposed to be used for activities that will benefit persons of low and moderate income; and (2) Its plan for minimizing displacement of persons as a result of activities assisted with CDBG funds and to assist persons actually displaced as a result of such activities; (B) Prepared its application in accordance with the policies of the City of Elgin and made the application available to the public; 4. The grant will be conducted and administered in compliance with: (A) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352 42 U.S.C. Sec 2000d et seq.) and implementing regulations issued at 24 CFR Part I; (B) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-208), as amended; and that the SUBGRANTEE will administer all programs and activities related to housing and commu- nity 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; 10 (H) The Age Discrimination Act of 1975 (Pub. L. 94-135), as amended, and implementing regulations when published for effect; (I) The relocation requirements of Title II and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and the implementing regulations at 24 CFR Part 42, as required under 24 CFR 570.606; (J) The labor standards requirements as set forth in 24 CFR Part 570, Subpart K and HUD regulations issues to implement such requirements; (K) Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 11738 relating to the prevention, control and abatement of water pollution; (L) The flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (Pub. L. 93-234); (M) The Fair Housing Act(42 U.S.C. 3601-20); 5. Its notification, inspection, testing and abatement procedures concerning lead-based paint will comply with 570.608 and 24 CFR Part 35 ; and 6. When a grant is in excess of $100,000 it will comply with all applicable standards, orders, or requirements issued under Section 308 of the Clean Air Act (42 U.S.C. 1857(h), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulation (40 CFR Part 15), which prohibit the use under nonexempt Federal contracts, grants or loans, of facilities included on the EPA list of Violating Facilities. The provision shall require reporting of violations to the City, HUD, and to the AESOP Assistant Administrator for Enforcement(EN-329). 7. It has developed its application so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight; (the application may also include activities which the SUB-RECIPIENT certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); 8. It is following the current City of Elgin Consolidated Plan which has been approved by HUD pursuant to 570.306; and 9. It will not attempt to recover any capital costs of public improvements assisted in whole or in part with funds provided under Section 106 of the ACT or with amount resulting from a guarantee under Section 108 of the ACT by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements, unless: (1) funds received under Section 106 of the ACT are used to pay the proportion of such fee or assessment that relates to the capital costs of such public improvements that are financed from revenue sources other than under Title I of the ACT; or (2) for purposes of assessing any amount against properties owned and occupied by low and moderate income persons, the SUB-RECIPIENT certifies that it lacks sufficient funds received under Section 106 of the ACT to comply with the requirements of subparagraph (1)above. 10. The SUB-RECIPIENT certifies that it will provide a drug-free workplace by: (A) Publishing a statement notifying employees that the unlawful manufacture, distribution, 11 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. 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 12 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 subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients 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 prereq- uisite 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. 13 • EXHIBIT C EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION Community Development Block Grant Program City of Elgin The undersigned understands and agrees that it is a SUB-RECIPIENT of the Community Development Block Grant Program of the City of Elgin. The undersigned also agrees there shall be no discrimination against any employee who is employed in carrying out work from the assistance received from the County of DuPage and the Department of Housing and Urban Development, or against any applicant for such employment, because of race, color, religion, sex, age or national origin, including but not limited to employment, upgrading, demotion or transfer; recruitment or recruitment advertising; lay off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The SUB-RECIPIENT further agrees to the following: (1) It will incorporate or cause to be incorporated into any grant contract, loan, grant insurance or guarantee involving Federally assisted construction work, or modification thereof, which is paid for in whole or in part with funds obtained from the Community Development Block Grant program, the language contained in HUD Equal Employment Opportunity Regulations at 42 CFR 130.15(b), in Executive Order 11246, as amended by Executive Orders 11375 and 12006, and implementing regulations issued in 41 CFR Chapter 60. (2) It will be bound by said equal opportunity clause with respect to its own employment practices 1 when it participates in any Community Development Block Grant Program construction. (3) It will assist and cooperate actively with the City of Elgin, the Department of Housing and Urban Development and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations and relevant orders of the Secretary of Labor. (4) It will furnish the City of Elgin, the Department of Housing and Urban Development and the Secretary of Labor such information as they may require for the supervision of such compliance, and will otherwise assist the City of Elgin and the Department of Housing and Urban Development in the discharge of primary responsibility for securing compliance. (5) It will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from or who has not demonstrated eligibility for government contracts and Federally assisted construction contracts pursuant to the Executive Order. (6) It will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the Secretary of Labor, the City of Elgin or the Department of Housing and Urban Development. (7) In the event that SUBGRANTEE fails or refuses to comply with the undertaking, the City of Elgin, or the Department of Housing and Urban Development may take any or all of the following actions: cancel, terminate or suspend, in whole or in part, this grant, refrain from extending any further assistance to the SUB-RECIPIENT until satisfactory assurance of future compliance has been received; and refer the case to the Department of Housing and Urban Development for appropriate legal proceedings. 14 , SUBGRANTEE: Boys&Girls Clubs of Elgin ADDRESS: 361 Hickory Place Elgin, Illinois 60120 BY: Erik Anderson Executive Director Date: ATTEST: 15