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10-41
Resolution No. 10-41 RESOLUTION AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT RECOVERY GRANT SUB-RECIPIENT AGREEMENT WITH THE COMMUNITY CRISIS CENTER, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Sean R. Stegall, City Manager, and Diane Robertson,City Clerk,be and are hereby authorized and directed to execute a community development block grant recovery grant agreement on behalf of the City of Elgin with the Community Crisis Center,Inc.for a building improvements project,a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: February 10, 2010 Adopted: February 10, 2010 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk AGREEMENT BETWEEN THE CITY OF ELGIN AND COMMUNITY CRISIS CENTER,INC. Ak This AGREEMENT is entered into as of the \© ' day of�►•�.� ,2010,bY and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter caller'GRANTEE" or "CITY") and COMMUNITY CRISIS CENTER, INC., a not-for-profit corporation incorporated pursuant to the laws of the State of Illinois, (hereinafter called "SUB-RECIPIENT") having a principal place of business at 37 South Geneva Street,Elgin, Illinois 60120. RECITALS A. CITY has applied for and received Community Development Block Grant Recovery Program funds (hereinafter referred to as "CDBG-R funds") from the United States Department of Housing and Urban Development(hereinafter called"HUD"),as provided by the American Recovery and Reinvestment Act of 2009 and the Housing and Community Development Act of 1974, as amended (P.L. 93-383) (hereinafter collectively referred to as the "ACT"), and pursuant to such regulatory relief as HUD deemed necessary and is authorized to provide under 24 CFR 5.110 and 24 CFR 91.600 to permit implementation of CDBG-R. B. CITY has considered and approved the application of SUB-RECIPIENT for CDBG-R funds allotted to CITY for distribution to SUB-RECIPIENT. C. The CITY and SUB-RECIPIENT enter into this Agreement pursuant to their respective powers to enter into such Agreements, as those powers are defined in the Illinois Constitution and applicable statutes. II. SCOPE OF THE PROJECT A. SUB-RECIPIENT hereby agrees to perform, in a timely fashion, the activities provided for herein, and those previously defined in the application and project description dated June 3, 2009, submitted by the SUB-RECIPIENT entitled "Community Crisis Center Building Improvements," a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference (hereinafter referred to as the "PROJECT"). The SUB-RECIPIENT was awarded a grant for Fiscal Year(FY)2009. n n B. All funding provided to SUB-RECIPIENT shall be used solely for partial tuck-pointing to the exterior of SUB-RECIPIENT'S facility, said facility being the former Franklin School, built in 1981 and located at 37 South Geneva Street, Elgin, Illinois, to make the facility more safe, secure and energy efficient for the SUB-RECIPIENT and its clients. Tuck-pointing is a necessary maintenance of the stone and brick building to preserve the integrity of the building and prevent the penetration of water that could ultimately damage the foundation and the exterior. Improving the insulation of the building will further reduce the cost to heat and cool the building. The aforementioned PROJECT serves at least 51% low and moderate income persons as defined by 24 CFR 570.208 (a) 1 r/4 (2) (i) (A). Such funding shall be used as defined herein. The work items are listed in the Project Application and attached as part of Exhibit"A." The work shall include tuck- pointing the building and any other costs associated with the above activities as are consistent with the scope and intent of the PROJECT and are pre-approved by CITY staff. C. The SUB-RECIPIENT shall comply with administrative and procurement requirements as applied to the Community Development Block Grant program in accordance with 24 CFR 85: 1. The Bid Specifications shall include all specifications and pertinent attachments and shall define the items or services in order for the bidder to properly respond. 2. The SUB-RECIPIENT shall submit the Bid Specifications and plans to the City's Community Development Department for staff's approval prior to advertising in a newspaper and the Dodge Construction News. 3. The SUB-RECIPIENT shall include in the invitation for bids, the statement "Minorities and women contractors are encouraged to submit bids." The SUB- RECIPIENT shall purchase a 1" x 3" space in the Dodge Construction News Classified Section specifically inviting Minority Business Entity/Women Business Entity(MBE/WBE)firms to submit bids. 4. All bids will be publicly opened at the time and place prescribed in the invitation for bids. 5. The SUB-RECIPIENT shall provide the City's Community Development Department with a copy of the classified advertisement and the results from the bid opening. 6. The contract award will be awarded, in writing, to the lowest responsive and responsible bidder. Any or all bids may be rejected, if there are sound documented reasons. 7. The SUB-RECIPIENT shall ensure that all iron, steel and manufactured goods used in the construction, alteration, repair or maintenance of the PROJECT shall be produced in the United States. This requirement shall be set forth in and incorporated into the bid documents for the PROJECT. D. The SUB-RECIPIENT shall comply with the Federal Labor Standards and Prevailing Wage Rates as applied to the Community Development Block Grant Program in accordance with Title 29 of the Code of 1 ederal Regulations,Part 5: 1. After the start of the described work, the SUB-RECIPIENT shall provide to the City's Community Development Department staff, weekly reports of the contractor and/or subcontractors at the job site. The SUB-RECIPIENT shall conduct employee interviews of the contractor and/or subcontractors at the job site. 2. Originals of all documents required for compliance with the Federal Labor Standards shall be supplied to the City's Community Development Department. 2 3. SUB-RECIPIENT shall erect a sign in a prominent place at the job site crediting the City of Elgin and HUD for funding of the PROJECT by including the following statement: "Funding for the Project has been provided, in part,by the City of Elgin from the U.S. Department of Housing and Urban Development's Community Development Block Grant Recovery Program." E. The SUB-RECIPIENT shall provide a Progress Report to the CITY each month, reporting on the status of the PROJECT in relation to the project target dates. The monthly progress reports shall begin upon the signing of the Agreement and shall continue until the completion of the project. Quarterly progress reports, due on the 10th day of the following month, for the previous month's activities, shall be submitted until the expiration of this agreement or until directed to discontinue such reports in writing by CITY. F. Request for Payment 1. The SUB-RECIPIENT shall provide the City's Community Development Department, prior to the start of construction, with an itemized list of all estimated expenditures. This list (on a State of Illinois Engineer's Pay Estimate form BLR-283 or equivalent) shall show expected quantities and unit prices for each item. 2. Request for payment shall be submitted on a timely basis. Each request for payment sent to the CITY shall be accompanied by said payment estimate form signed by the SUB-RECIPIENT'S authorized representative and showing the work completed. Changes to items on the pay estimate form must be authorized, in writing, by the SUB-RECIPEINT (on a State of Illinois Request for Approval of Change in Plans Form BLR-228 or equivalent), and a copy of such authorization shall be submitted to the City's Community Development Department before payment pursuant to such changes is made. G. The SUB-RECIPIENT shall provide a Progress Report to the City's Community Development Department each month, reporting on the status of the PROJECT in relation to the Implementation Schedule. The progress reports shall begin upon the signing of the Agreement and shall continue until the PROJECT is closed out. The SUB- RECIPIENT shall use a form provided by the Community Development Department and shall include all required information about the number of clients served each month (by race,income,and the number of female headed households). c � H. Prior to the expenditure of CDBG funds,the SUB-RECIPIENT shall meet with the City's Community Development Department staff to establish acceptable documentation and guidelines regarding requests for payment for the activities described in the Scope of Work. No payment of CDBG-R funds will be made by City without the required documentation. SUB-RECIPIENT shall return to the CITY any program income, as defined in 24 CFR Part 570.500(a), which is generated as a result of this PROJECT. Written request for an 3 y 1 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-RECIPIENT'S undertaking to perform the PROJECT,a maximum of$40,000(hereinafter"Grant Funds"),to be paid in the manner set forth herein at Section VII. B. This PROJECT shall be identified by the following project and account numbers: Project No. 154569 and Account No. 230-0000-791.93-36 in the amount of $40,000, which identifying numbers shall be used by SUB-RECIPIENT on all payment requests. C. In the event the services identified in Section II, Scope of the Project of this Agreement or other eligible services for low and moderate income individuals and households are no longer provided at the Community Crisis Center, 37 South Geneva Street, Elgin, due to actions by the SUB-RECIPIENT, the SUB-RECIPIENT shall reimburse the U.S. Department of Housing and Urban Development or the CITY for renovation activities undertaken in whole or in part with CDBG-R funds at a rate of 6.7% for each year and portion of each year remaining on the ten-year useful life of the facility improvements. The ten-year compliance period shall begin on the commencement date of this Agreement. This provision shall not be construed as limiting the CITY from asserting any claims against the Community Crisis Center for the breach of any other terms of this Agreement. D. Upon project completion as specified in Section II, Scope of the Project, any remaining CDBG-R PROJECT funds shall be available for reallocation by the CITY to another eligible CDBG-R PROJECT. If Sub-recipient materially fails to comply with any term of this award, the SUB-RECIPIENT shall repay to the CITY all funds used for ineligible activities. E. A minimum of 51%of the persons served on an annual basis shall be at or below 80%of the Median Family Income in order for the SUB-RECIPIENT to maintain eligibility for the CDBG-R funds provided for herein. Said income levels shall be updated and revised annually to conform'to levels set by the U. S. Department of Housing and Urban Development. Failure to meet the aforementioned minimum 51%threshold shall require SUB-RECIPIENT to reimburse CITY for funds expended, in whole or in part, for renovation activities. F. Changes in the scope of services, budget, or method of compensation contained in this Agreement, unless otherwise noted, may only be made through a written amendment to this Agreement, executed by the SUB-RECIPIENT and CITY. 4 l a IV. SUB-RECIPIENT'S COMPLIANCE WITH THE ACT A. CITY shall assist SUB-RECIPIENTS making application for CDBG-R funds. B. SUB-RECIPIENT shall abide by the ACT, and all HUD rules and regulations promulgated to implement the ACT. C. SUB-RECIPIENT shall, upon request of CITY, (1) assist in the completion of an environmental review and (2) complete certifications showing equal employment opportunity compliance including equal employment opportunity certification with reference to the PROJECT, as set forth in Exhibit "C" attached hereto and made a part hereof. D. SUB-RECIPIENT, in performing under this Agreement, shall: 1. Not discriminate against any worker, employee, or applicant, or any member of the public, because of race, creed, color, sex, age or national origin, nor otherwise commit an unfair employment practice; and 2. Take affirmative action to insure that applicants are employed without regard to race, creed, color, sex, age or national origin, with such affirmative action in- cluding, but not limited to the following: Employment, upgrading, demotion or transfer, termination, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, including apprenticeship. E. SUB-RECIPIENT shall permit CITY and the Department of Housing and Urban Development to conduct on-site reviews, examine personnel and employment records and to conduct any other procedures or practices to assure compliance with the provisions of this agreement. SUB-RECIPIENT agrees to post in conspicuous places available to employees and applicants for employment notices setting forth the provisions of this non- discriminatory clause. F. SUB-RECIPIENT shall comply with all laws and state and federal rules and regulations, including but not limited to those regarding a direct or indirect illegal interest on the part of any employee or elected official of the SUB-RECIPIENT in the PROJECT or payments made pursuant to this Agreement. G. SUB-RECIPIENT hereby warrants and represents that neither the project, including but not limited to any funds provided pursuant thereto, nor any personnel`'employed in the administration of the program shall be in any way or to any extent engaged in the conduct of political activities in contravention of Chapter 15 of Title 5, United States Code, referred to as the Hatch Act. H. SUB-RECIPIENT shall maintain records to show actual time devoted and costs incurred, in relation to the PROJECT,and shall prepare and submit monthly progress reports which describe the work already performed and anticipated during the remaining time of the PROJECT. Upon fifteen(15) days notice from the CITY, originals or certified copies of all time sheets,billings, and other documentation used in the preparation of said progress 5 1 1 1 A 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. I. 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-R 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-R funds is used to meet the benefit of low and moderate income persons as defined by HUD, for a period of 10 years after the commencement of this Agreement. M. If during the 10 year period after the commencement of this Agreement, the SUB- RECIPIENT disposes of any property under the SUB-RECIPIENT'S control that was acquired and/or improved in whole or in part with CDBG-R funds, then the SUB- RECIPIENT will reimburse the CITY in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG-R funds for acquisition of, or improvement to, the property in accordance with 24 CFR 570.503(b)(8)and 24 CFR 570.505. V. RIGHTS TO SUBCONTRACT A. SUB-RECIPIENT is herewith granted authority to subcontract all or any portion of the PROJECT to such engineers, architects, independent land use consultants, professional land planner, construction contractors or other entities as SUB-RECIPIENT shall deem appropriate or necessary and upon such terms as may be acceptable to SUB-RECIPIENT. B. Administration of any subcontracts by the SUB-RECIPIENT shall be in conformance with 24 CFR Part 570.200(d)(2)and Part 85.36. VI. SUB-RECIPIENT'S AUTHORIZATION TO ACCEPT PROPOSALS A. After the CITY has received notification that funds for the PROJECT have been released by HUD, the SUBRECIPIENT shall be authorized to accept the proposal of any subcontractor for the PROJECT. 6 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-R funds, on a form provided by the CITY; 2. Any claim for advancement of CDBG-R funds shall be limited to an amount necessary for SUB-RECIPIENT to meet specific cash requirements for the PROJECT and shall be disbursed by SUB-RECIPIENT within three (3) working days of receipt by SUB-RECIPIENT; 3. Any request for reimbursement or advancement pertaining to work under contracts from the SUB-RECIPIENT shall include the following: a. For interim payments to contractors and subcontractors, certification that the work for which payment is requested has been performed and is in place and to the best of SUB-RECIPIENT'S knowledge, information and belief that, the quality of such work is in accordance with the contract and subcontracts, subject to: (i) any evaluation of such work as a functioning PROJECT upon substantial completion; (ii) the results of any subsequent tests permitted by the subcontract; and(iii)any defects or deficiencies not readily apparent upon inspection of the work; and b. For final payment, certification that the work has been performed in a satisfactory manner and in conformance with the contract. 4. Processing of all requests for payment shall be contingent upon the submission of the required documentation by the contractor and subcontractor to the CITY that fully complies with federal labor standards, uniform relocation act or any other applicable federal, state, or local statutes,rules or regulations. 5. SUB-RECIPIENT shall forward to CITY all billings, vouchers, and other documents representing any accounts payable, in such timely and reasonable manner as both parties shall determine; provided, however, that in no event shall such documents be forwarded to CITY later than twenty-one (21) days after SUB-RECIPIENT'S receipt of such documents. 6. SUB-RECIPIENT shall cooperate with the CITY to facilitate the maintenance of financial records by the CITY as required by Title 24 CFR 85. B. Upon submission of an acceptable claim for Grant Funds, CITY shall process such claim and shall approve such claim for payment following approval by the City's Community 7 Development Department, for compliance with this Agreement and applicable HUD requirements. C. Except as provided for in Section IX and X herein, CITY shall pay all required payments against eligible project costs, as described in Section ll.B, incurred by SUB-RECIPIENT under this Agreement. VIII. ADMINISTRATION AND REPORTING REQUIREMENTS A. SUB-RECIPIENT shall administer the Grant Funds in conformance with the regulations, policies, guidelines and requirements of OMB Circular numbers A-110, A-122, and A- 133, as they relate to the acceptance and use of federal funds for the PROJECT. B. SUB-RECIPIENT shall submit all required information to show compliance with applicable laws, rules and regulations, as specified in this Agreement and shall submit to CITY a monthly progress report no later than the fifth day of the month following the activity being reported. SUB-RECIPIENT shall comply with all reporting and other requirements as specified in Exhibit "B" attached hereto and made a part of this Agreement. C. Relocation of Tenants SUB-RECIPIENT shall comply with the requirement under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. SUB-RECIPIENT shall maintain a separate relocation file for each displaced person/business for at least three years after the project has been completed or the person/business has received final relocation payments, whichever is later. Relocation costs must be paid to any tenant (residential or nonresidential) who occupies any building being acquired and is forced to move without cause. Waiver of rights to relocation costs can only be done by a single family homeowner. D. Management Plan and Operating Budget of the Facility SUB-RECIPIENT shall maintain, and keep current, a management plan and operating budget stating policies governing the operation of the facility and shall keep this plan and budget on file with the CITY. E. SUB-RECIPIENT shall comply with all reporting requirements established for CDBG-R funding. SUB-RECIPIENT shall obtain a Data Universal Numbering System (DUNS) number, and will provide such information and otherwise comply with all reporting requirements as provided by law. 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 8 rendering impossible the performance by SUB-RECIPIENT of this Agreement. B. During the implementation of the PROJECT, the CITY may suspend payments of Grant Funds, due to use of funds in a manner unrelated to or in breach of this agreement relative to, SUB-RECIPIENT'S performing the PROJECT, failure by SUB-RECIPIENT in submitting supporting information or documentation for a claim, submission by SUB- RECIPIENT of incorrect or incomplete reports, or SUB-RECIPIENT'S suspension of its pursuit of the PROJECT. C. In the event CITY elects to terminate this Agreement or to suspend payments, for any reason stated herein above in paragraph A and B of this Section IX, it shall notify the SUB-RECIPIENT, in writing, of such action, specifying the particular deficiency, at least five (5) working days in advance of any such action and establishing a time and a place for the SUB-RECIPIENT to refute the alleged deficiency at a time prior to CITY'S taking such action. After allowing the SUB-RECIPIENT the opportunity to refute or correct the alleged deficiency, if the alleged deficiency continues to exist, in the opinion of the CITY, the CITY may withhold payment of the Grant Funds until such time as the violation or breach is remedied. No action taken or withheld by the CITY under this paragraph shall relieve the SUB-RECIPIENT of its liability to the CITY for any funds expended in violation of any of the terms of this Agreement. D. SUB-RECIPIENT shall transfer to the CITY any unused CDBG-R funds and submit all billings attributable to this Project at the time this Agreement terminates or is suspended. X. REMEDIES A. To the fullest extent permitted by law, SUB-RECIPIENT agrees to and shall indemnify, defend and hold harmless the CITY, its officers, employees, boards and commissions from and against any and all claims, suits,judgments, costs, attorneys fees, damages or any and all other relief or liability arising out of or resulting from or through, or alleged to arise out of, any breach of this agreement; misuse or misapplication of funds derived pursuant to this agreement by SUB-RECIPIENT; violation of any statutes, rules and regulations, directly or indirectly, by SUB-RECIPIENT and/or any of its agents or representatives; or any negligent acts or omissions of SUB-RECIPIENT or of SUB- RECIPIENT'S officers, employees, agents or subcontractors. In the event of any action against the CITY, its officers, employees, agents, boards or commissions covered by the foregoing duty to indemnify, defend and hold harmless, such action shall be defended by legal counsel of CITY'S choosing. The provisions of this paragraph shall survive any termination and/or expiration of this agreement. B. In the event of loss of approved Grant Funds for the PROJECT as a result of any violation or breach of this Agreement by the CITY, misuse or misapplication of funds received from HUD unrelated to the PROJECT, or any violation of the statutes,rules and regulations of HUD, directly or indirectly, by CITY and/or any of its agents or representatives, CITY'S liability to SUB-RECIPIENT shall be limited to any funds which have previously been provided to sub-recipient pursuant to this agreement. SUB- RECIPIENT hereby waives and releases CITY from any and all other liability pursuant to any such breach,misuse,misapplication or violation of statutes,rules or regulations. 9 C. In the event HUD,or any other federal agency,makes any claim which would give rise to invoking the remedy provisions, as set forth in paragraph A or B of this Section X, then the CITY or SUB-RECIPIENT shall immediately notify the other party, in writing, providing the full details of the alleged violation. To the extent that any such matter is not subject to exclusive federal jurisdiction, venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this Agreement between the CITY and SUB-RECIPIENT shall be in the Circuit Court of Kane County, Illinois. D. In addition to any remedies available to the CITY, if CITY has lost or been prevented from receiving any federal funds, other than the Grant Funds, as a result of any alleged violation of law or other breach of this Agreement by SUB-RECIPIENT, the SUB- RECIPIENT shall on repay, p, u demand bythe CITY, such amount of Grant Funds previously disbursed or allegedly due to the SUB-RECIPIENT. XI. TIMELINESS A. Time is of the essence of this agreement. SUB-RECIPIENT shall meet the schedule deadlines listed below. Any milestone which the SUB-RECIPIENT does not achieve within two months of the date listed will result in the SUB-RECIPIENT submitting a revised implementation schedule for approval by the City's Community Development staff. Failure to achieve these deadlines may result in the loss or reduction of grant funds at CITY's discretion. Target Dates Date 1. Bid Spec Manual completed March—April 2010 2. Go out to bid May 2010 3. Award contract May 2010 4. Start Project June 2010 5. Project completion August 2010 B. SUB-RECIPIENT. Shall complete the PROJECT within twelve (12) months froth the date of this Agreement. However, in the event of any alterations or additions or of circumstances beyond the control of SUB-RECIPIENT, which in the opinion of the Community Development Director will require additional time for completion of said expenditures, then in that case, the time of completion shall be extended by the Community Development Director by a period of time not to exceed six(6)months. C. If SUB-RECIPIENT is delayed in the completion of the PROJECT by any cause legitimately beyond its control, as determined by the CITY, such that it cannot complete the PROJECT within eighteen (18) months of the date of this Agreement, it shall 10 immediately give written notice to the CITY of the anticipated delay, the reasons therefore and request an extension of time for completion of the PROJECT. CITY's Community Development Director shall consider any such request and shall make a recommendation to CITY's City Council as to whether in his sole discretion he considers such an extension to be reasonable and necessary, under the totality of circumstances to be required for completion of the PROJECT due to the particular circumstances. The CITY's City Council shall act upon the extension request and recommendation of the Community Development Director and notify the SUB-RECIPIENT whether the time extension is granted or denied, and the CITY's intention to exercise the remedies available herein, including but not limited to suspension of further payments. A revised implementation schedule shall be submitted by SUB-RECIPIENT if an extension is granted by the CITY. XII. MISCELLANEOUS PROVISIONS A. AMENDMENTS -This Agreement constitutes the entire Agreement between the parties hereto. There are no other agreements, either oral or implied, between the parties hereto regarding the subject matter hereof. Any proposed change in this Agreement shall be submitted to the other party for prior approval. No modifications, additions, deletions, or the like, to this Agreement shall be effective unless and until such changes are executed, in writing,by the authorized officers of each party. B. SUBJECT TO FINANCIAL ASSISTANCE AGREEMENT - This Agreement is made subject to fmancial assistance agreements between the CITY and the United States Department of Housing and Urban Development, with the rights and remedies of the parties hereto being in accordance with any such agreements. C. ASSIGNMENT - except as provided in Section VI hereof, SUB-RECIPIENT shall not assign this Agreement or any part thereof and SUB-RECIPIENT shall not transfer or assign any Grant Funds or claims due or to become due hereunder, without the written approval of the CITY having first been obtained. D. ATTORNEY'S OPINION - If requested, SUB-RECIPIENT shall provide an opinion of its attorney, in a form reasonably satisfactory to the CITY, that all steps necessary to adopt this Agreement, in a manner binding upon SUB-RECIPIENT, have been taken by SUB-RECIPIENT, and that SUB-RECIPIENT is in compliance with applicable local, state and federal statues, rules and regulations for the purpose of complying with this Agreement. E. HEADINGS -The section headings of this Agreement are for convenience and reference only and in no way define, limit, or describe the scope or intent of this Agreement, and should be ignored in construing or interpreting this Agreement. F. The terms of this agreement shall be severable. In the event any of the terms or provisions of this agreement are deemed to be void or otherwise unenforceable for any reason,the remainder of this agreement shall remain in full force and effect. G. This agreement shall not be construed to create a joint venture, partnership, employment or other agency relationship between the parties hereto. 11 H. Venue for the resolution of any disputes or the enforcement of any rights between the parties hereto arising out of or in connection with the terms and provisions of this agreement shall be in the Circuit Court of Kane County,Illinois. o � 12 IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the dates recited below. CITY OF ELGIN,an Illinois Municipal Corporation BY: "fia.R. Stegall City Manager DATE: /00 ATTEST: Diane Robertson City Clerk SUB-RECIPIENT: Community Crisis Center 37 South Geneva Street,Elgin, Illinois 60120 BY: Ul Gretchen S.Vapnar Executive Director DATE: -o ATTEST: e;, i/Gl'J w,''/(�1''7 7 ci— f 13 EXHIBIT A SUB-RECIPIENT'S CDBG APPLICATION 14 CITY OF ELGIN CDBG PROGRAM PROJECT APPLICATION 2009-2010 PROGRAM YEAR Date of Submittal: 6/3/09 Project Name: Community Crisis Center Building Improvements Project Address: 37 S Geneva Street City: Elgin State:IL Zip Code: 60120 Census Tract,Block Group: 8512 Submitting Agency/Organization: Community Crisis Center,Inc. Contact Person: Name: Lisa S. Sampson Address: 37 S Geneva Street City: Elgin State: IL Zip Code: 60120 Telephone: 847-742-4088 x 130 Fax: 847-742-4182 E-mail: lsampson@crisiscenter.org Amount of CDBG Funding Request: $40,000 1 PROJECT APPLICATION (continued) 1. PROJECT SCOPE AND PURPOSE: Provide a detailed written statement that describes the scope of the proposed project, how CDBG funds will be spent, the need for this project, and the anticipated benefits resulting from this project. STATEMENT OF PURPOSE: Provide below or attached a detailed written statement that describes the scope of the proposed project, the need for the project and the anticipated benefits resulting from this project. The Community Crisis Center is requesting$40,000 to fund a portion of tuck-pointing the exterior of our facility,the former Franklin School built in 1891. Tuck-pointing is a necessary maintenance of our stone and brick building so as to preserve the integrity of the building as well as abate or inhibit penetration of water that would eventually damage the foundation and exterior. Tuck-pointing also reduces loss of heat and air conditioning and improves insulation of the building. Please be advised that our agency is located within the Elgin Historic District and must abide by Illinois Historic Preservation Agency guidelines for all exterior work. The Crisis Center has completed many renovation/rehabilitation projects on this building and has a good working relationship with IHPA. The cost of tuck-pointing the entire structure is estimated at$75,000. Funding from CDBG will be used to fmance those areas most in need of tuck-pointing. It would be most advantageous to execute the project during the spring or summer since it is an outside project. Since 1987 the Crisis Center has resided in this grand building that is located in Elgin's first historic district just east of downtown. In the application for National Register of Historic Places the Franklin School was listed as a building of significance, "the massive construction and detailing of this school reflects Romanesque Revival influence with Palladian windows". The project benefits our clients, most of who are at the low and moderate-income level, by maintaining the facility that provides a multitude of services for them. Open 24 - hours a day, services include a shelter for 40 women and children who are homeless or fleeing an abusive partner;24-hour crisis hotline; individual and group counseling; legal,welfare and medical advocacy; fmancial assistance;partner abuse intervention; information & referral for other services; independent living program; and community education. Conceived and organized by a group of concerned Elgin citizens in 1975 the Community Crisis Center has evolved into a comprehensive non-profit, social service agency that strives to meet the needs of individuals and families dealing with the trauma of domestic violence, sexual assault, homelessness and other life crises. In FY '08 our 64 employees provided 44,824 hours of service to 6,275 women,men and children; 308 women and 295 children spent 11,325 nights in our shelter. On a daily basis the building accommodates 40 shelter residents, 45 employees and welcomes on average 65 walk-in clients and visitors. 2. PERFORMANCE MEASUREMENT: Provide a list of project goals and objectives. Explain how the achievement of goals and objectives will be measured or quantified. 2 This capital project does not lend itself to performance measurement other than to make sure that the project is started and finished in a timely manner and is done properly. The project objective is to maintain an efficient, safe facility for staff, clients and guests while preserving a building of historic significance. We can measure the success by keeping to the implementation schedule and finishing on time. Records will be kept of all work done. 3. NATIONAL OBJECTIVE: Identify the National Objective that is met to qualify the project for CDBG funding. Please refer to the list of objectives in Section 2.3.1:National Objectives of this document. The Community Crisis Center project qualifies for CDBG funding under Section 2.3.1.1: 1. Benefit low and moderate-income persons or households as defined by Section 8 household income guidelines. 4. ELIGIBLE ACTIVITY: Identify the eligible activity that qualifies the project for CDBG funding. Please refer to the list of activities in Section 2.3.2:Eligible Activities of this document. The Community Crisis Center project qualifies for CDBG funding under Section 2.3.2.1 a, c and 2: 1. Rehabilitation and Preservation Activities. a. Residential, commercial and industrial building rehabilitation. Assistance for publicly or privately owned residential properties, low-income public housing, commercial or industrial buildings (if privately owned, funding is limited to the exterior and the correction of municipal code violations), nonprofit-owned nonresidential buildings and manufactured housing. c. Historic Preservation. Rehabilitation, preservation or restoration of historic properties whether publicly or privately owned. 2. Public Facilities and Improvements. Acquisition, construction, reconstruction, rehabilitation or installation of public facilities and improvements (including design features and improvements that promote energy efficiency and enhance the aesthetic quality of public facilities) carried out by public or private nonprofit entities. Buildings for the general conduct of government cannot be assisted with CDBG funds except for the removal of architectural barriers. 5. LOW&MODERATE INCOME BENEFIT STATEMENT: Explain how the proposed project benefits low and moderate-income persons, households or neighborhoods. Quantify the population benefiting from the proposed project. Describe the method used to calculate the benefit. The Community Crisis Center meets the needs of individuals in imminent danger or crisis who have limited or inadequate financial resources. Because the facility is open to the public 24-hours a day it is the responsibility of the Crisis Center to maintain a building that is safe, accessible, efficient and welcoming to clients, guests and employees; funding the requested projects will assist us in accomplishing the previously listed responsibilities. Services include 24-hour crisis telephone hotline; emergency shelter for 40 women and children; individual and group counseling; legal, welfare and medical advocacy; transitional living program; 3 fmancial assistance; information and referral for other services; emergency food; and community education. Population benefiting from proposed project: 'Number of persons or households expected to benefit from the project. •Number of low/moderate income persons/households expected to benefit from the project. 100% 6. DOCUMENTATION AND REPORTING: During the course of this project, you are required by federal regulations to provide monthly or quarterly reports on the clientel e benefiting from this project. Describe the method you will use to collect and maintain the following information on the clientele you serve: • Number of persons/households • Number of low and moderate income persons/households • Household size and household income • Race/ethnicity of clientele • Number of female-headed households The Community Crisis Center is required by a majority of fenders to collect and record statistics in regard to services provided and clientele. Information is processed daily and the database can be manipulated to extract the above information. The Crisis Center will submit the information requested eqnested monthly or quarterly in a one-page format with all required information; statistics will reflect an unduplicated accounting of clients. 4 PROJECT APPLICATION (continued) 3. PROJECT COST ESTIMATE: Provide cost information in the table below and/or attach additional cost estimate summaries. Project Components Estimated Cost A.Partial tuck-pointing $40,000 B. C. D. E. Total Project Cost $40,000 Total CDBG Funding Request $40,000 Total Contribution From Other Funding Sources $0 8. OTHER PROJECT FUNDING SOURCES AND AMOUNTS: Funding Source Amount of Funding A. $ B. $ C. $ D. $ C O E. $ Total Contribution From Other Funding Sources $ 0 5 PROJECT APPLICATION (continued) 9. PROJECT IMPLEMENTATION: List the major tasks that will be accomplished through this project and provide a completion date for each task. Task Completion Date 1. Bid Spec Manual completed June-July 2009 2. Go out to bid August 2009 3. Award contract August 2009 4. Start of project September 2009 5. Project completion November 2009 Total number of months required for project completion: 6 months 6 EXHIBIT B ASSURANCES The SUB-RECIPIENT hereby warrants and represents that it will comply with the regulations, policies, guidelines and requirements with respect to the acceptance and use of CDBG-R funds in accordance with the ACT and the City of Elgin policies. Also, the SUB-RECIPIENT certifies with respect to the grant that: 1. It possesses legal authority to make a grant submission to the City and to execute a community development and housing program; 2. Its governing body has duly adopted or passed as an official act, a resolution, motion or similar action authorizing the person identified as the official representative of the SUB-RECIPIENT to execute the Agreement, all understandings and assurances contained herein, and directing the authorization of the person identified as the official representative of the SUB-RECIPIENT to act in connection with the execution of the Agreement and to provide such additional information as may be required. 3. Prior to submission of its application to the City,the SUB-RECIPIENT has: (A) Met the citizen participation requirements of 570.301(b)and has provided citizens with: (1) The estimate of the amount of CDBG-R 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-R funds and to assist persons actually displaced as a result of such activities; (B) Prepared its application in accordance with the policies of the City of Elgin and made the application available to the public; 4. The grant will be conducted and administered in compliance with: (A) Title VI of the Civil Rights Act of 1964(Pub.L. 88-352 42 U.S.C. Sec 2000d et seq.)and implementing regulations issued at 24 CFR Part I; (B) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-208), as amended; and that the SUBGRANTEE will administer all programs and activities related to housing and community development in a manner to affirmatively further fair housing; (C) Section 109 of the Housing and Community Development Act of 1974, as amended; and the regulations issued pursuant hereto; (D) Section 3 of the Housing and Urban Development Act of 1968,as amended; (E) Executive Order 11246-Equal Opportunity, as amended by Executive Orders 11375 and 12086,and implementing regulations issued at 41 CFR Chapter 60; 15 (F) Executive Order 11063-Equal Opportunity in Housing, as amended by Executive Order 12259,and implementing regulations at 24 CFR Part 107; (G) Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended, and implementing regulations when published in effect; (H) The Age Discrimination Act of 1975 (Pub. L. 94-135), as amended, and implementing regulations when published for effect; (l) The relocation requirements of Title II and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended,and the implementing regulations at 24 CFR Part 42, as required under 24 CFR 570.606; • (J) The labor standards requirements as set forth in 24 CFR Part 570, Subpart K and HUD regulations issues to implement such requirements; (K) Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 11738 relating to the prevention,control and abatement of water pollution; (L) The flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (Pub.L. 93-234); (M) The Fair Housing Act(42 U.S.C. 3601-20); 5. Its notification, inspection, testing and abatement procedures concerning lead-based paint will comply with 570.608; and 6. When a grant is in excess of$100,000 it will comply with all applicable standards, orders, or requirements issued under Section 308 of the Clean Air Act (42 U.S.C. 1857(h), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulation(40 CFR Part 15), which prohibit the use under nonexempt Federal contracts, grants or loans, of facilities included on the EPA list of Violating Facilities. The provision shall require reporting of violations to the County, HUD, and to the AESOP Assistant Administrator for Enforcement(EN-329). 7. It has developed its application so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight; (the application may also include activities which the SUB-RECIPIENT certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other fmancial 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 16 by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements, unless: (1) funds received under Section 106 of the ACT are used to pay the proportion of such fee or assessment that relates to the capital costs of such public improvements that are financed from revenue sources other than under Title I of the ACT; or (2) for purposes of assessing any amount against properties owned and occupied by low and moderate income persons, the SUB-RECIPIENT certifies that it lacks sufficient funds received under Section 106 of the ACT to comply with the requirements of subparagraph(1)above. 10. The SUB-RECIPIENT certifies that it will provide a drug-free workplace by: (A) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the SUB- RECIPIENT's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (B) Establishing a drug-free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The SUB-RECIPIENT's policy of maintaining a drug-free workplace; (3) Any available drug counseling,rehabilitation,and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. (C) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph(A); (D) Notifying the employee in the statement required by paragraph(A)that,as a condition of employment under the grant,the employee will: (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; (E) Notifying the City of Elgin's Planning and Neighborhood Services Department within ten (10) days after receiving notice under subparagraph (D)(2) from an employee or otherwise receiving actual notice of such conviction; (F) Taking one of the following actions, within 30 days of receiving notice under subparagraph(D)(2),with respect to any employee who is so convicted: (1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State,or local health,law enforcement,or other appropriate agency; (G) Making a good faith effort to continue to maintain a drug-free workplace through 17 implementation of paragraphs (A), (B),(C),(D), (E)and(F). 11. It has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations. 12. In regards to lobbying,the SUB-RECIPIENT certifies: (A) No Federal appropriated funds have been paid or will be paid, by or on behalf of the SUB-RECIPIENT, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,renewal, amendment, or modification of any Federal contract,grant,loan,or cooperative agreement. (B) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions. (C) The SUB-RECIPIENT shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements)and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352,title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. 18 EXHIBIT C EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION Community Development Block Grant Recovery Program City of Elgin The undersigned understands and agrees that it is a SUB-RECIPIENT of the Community Development Block Grant Recovery Program of the City of Elgin. The undersigned also agrees there shall be no discrimination against any employee who is employed in carrying out work from the assistance received from the City of Elgin and the Department of Housing and Urban Development, or against any applicant for such employment, because of race, color, religion, sex, age or national origin, including but not limited to employment,upgrading, demotion or transfer; recruitment or recruitment advertising; lay off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The SUB-RECIPIENT further agrees to the following: (1) It will incorporate or cause to be incorporated into any grant contract, loan, grant insurance or guarantee involving Federally assisted construction work, or modification thereof, which is paid for in whole or in part with funds obtained from the Community Development Block Grant Recovery program,the language contained in HUD Equal Employment Opportunity Regulations at 42 CFR 130.15(b), in Executive Order 11246, as amended by Executive Orders 11375 and 12006,and implementing regulations issued in 41 CFR Chapter 60. (2) It will be bound by said equal opportunity clause with respect to its own employment practices when it participates in any Community Development Block Grant Program construction. (3) It will assist and cooperate actively with the City of Elgin,the Department of Housing and Urban Development and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations and relevant orders of the Secretary of Labor. (4) It will furnish the City of Elgin, the Department of Housing and Urban Development and the Secretary of Labor such information as they may require for the supervision of such compliance, and will otherwise assist the City of Elgin and the Department of Housing and Urban Development in the discharge of primary responsibility for securing compliance. (5) It will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from or who has not demonstrated eligibility for government contracts and federally assisted construction contracts pursuant to the Executive Order. (6) It will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the Secretary of Labor, the City of Elgin or the Department of Housing and Urban Development. (7) In the event that SUB-RECIPIENT fails or refuses to comply with the undertaking, the City of Elgin, or the Department of Housing and Urban Development may take any or all of the following actions: cancel, terminate or suspend, in whole or in part, this grant, refrain from 19 • extending any further assistance to the SUB-RECIPIENT until satisfactory assurance of future compliance has been received; and refer the case to the Department of Housing and Urban Development for appropriate legal proceedings. SUB-RECIPIENT: Community Crisis Center 37 South Geneva Street,Elgin, Illinois 60123 BY: ( V ----) ve Gretchen S.Vapnar,Execu Director DATE: ATTEST: X•nif-Ki•(d;--vv- 20 f 1 1 ,cm OF 64. Memorandum City of Elgin 'P9rED Date: February 15, 2010 To: Denise Momodu, Associate Planner From: Jennifer Quinton, Deputy City Clerk Subject: Resolution No. 10-41, Adopted at the February 10, 2010 Council Meeting Enclosed you will find the agreement listed below. Please retain a copy for your records. If you have any questions please feel free to contact our office 847-931-5660 and we will do our best to assist you. Thank you. • Community Development Block Grant Recovery Grant Sub-Recipient Agreement with the Community Crisis Center, Inc. OF — Agenda Item No. IT City of Elgin January 21,2010 j TO: Mayor and Members of the City Council FROM: Sean R. Stegall, City Manager Ity Housing Denise Momodu, Associate Planner SUBJECT: Community Development Block Grant Recovery Grant(CDBG-R) Sub-Recipient Agreement for Community Crisis Center PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information regarding the Sub-Recipient Agreement with the Community Crisis Center. RECOMMENDATION It is recommended that the City Council approve the Sub-Recipient Agreement with the Community Crisis Center for the Building Improvements Project in the amount of$40,000. BACKGROUND The Community Crisis Center is a not-for-profit organization providing temporary shelter for women who are victims of domestic violence or who are homeless. The facility has the capacity of sheltering 40 women and children. The average stay for most women is approximately 14 days with some women staying up to the maximum time of six weeks. The Community Crisis Center's principal place of business is 37 South Geneva Street in Elgin. The City of Elgin was awarded an additional $226,997 to the 2008 Community Development Block Grant (CDBG) through the American Recovery and Reinvestment Act of 2009 and referred to as the Community Development Block Grant Recovery Grant (CDBG-R). The CBDG-R funding for Community Crisis Center was approved by the City Council in May 2009, and incorporated in the amendment to the 2008 CDBG Annual Action Plan. The amended plan was submitted to the Department of Housing and Urban Development (HUD) and approved in August 2009. The Community Crisis Center was allocated a total of$40,000 in CDBG-R funds. The CDBG-R funds will be used by the Community Crisis Center to complete tuck-pointing to the exterior of the building located at 37 South Geneva Street in Elgin. r f ► CDBG Recovery Grant Sub-Recipient Agreement for Community Crisis Center January 21,2010 Page 2 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. (lik. FINANCIAL IMPACT The allocation of CDBG-R funds to complete the Community Crisis Center project will total $40,000. Sufficient funds are budgeted ($40,000) and available ($40,000) in the CDBG Fund, account number 230-0000-791.93-36, "Major Repairs-Buildings" and project number 154569 "Community Crisis Center Building Improvement Project"to enter into this agreement. G IMPACT None. ALTERNATIVES 1. The City Council may choose to approve the Sub-Recipient Agreement with the Community Crisis Center in the amount of$40,000. 2. The City Council may choose not to proceed with the Sub-Recipient Agreement with the Community Crisis Center at this time. Respectfully submitted for Council consideration. DMM Attachment