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HomeMy WebLinkAbout12-175 (2) Resolution No. 12-175 RESOLUTION AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT SUB-RECIPIENT AGREEMENT WITH ASSOCIATION FOR INDIVIDUAL DEVELOPMENT, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Sean R. Stegall,City Manager,and Kimberly A.Dewis,City Clerk,be and are hereby authorized and directed to execute a community development block grant sub-recipient agreement on behalf of the City of Elgin with Association for Individual Development, Inc. for window, siding and roof replacement for the facility located at 695 South State Street, Elgin, Illinois, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: December 5, 2012 Adopted: December 5, 2012 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AGREEMENT BETWEEN THE CITY OF ELGIN AND ASSOCIATION FOR INDIVIDUAL DEVELOPMENT,INC This AGREEMENT is entered into as of the 5th day of December ,2012,by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter called "GRANTEE" or "CITY") and the ASSOCIATION FOR INDIVIDUAL DEVELOPMENT, 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 1135 Bowes Road,Elgin,Illinois 60123. RECITALS A. CITY has applied for Community Development Block Grant funds (hereinafter referred to as "CDBG funds") from the United States Department of Housing and Urban Development (hereinafter called "HUD") as provided by the Housing and Community Development Act of 1974,as amended(P.L. 93-383)(hereinafter called"ACT"). B. CITY has considered and approved the application of SUB-RECIPIENT for CDBG funds allotted to CITY for distribution to SUB-RECIPIENT. C. The CITY and SUB-RECIPIENT enter into this Agreement pursuant to their respective powers to enter into such agreements, as those powers are defined in the Illinois Constitution and applicable statutes. II. SCOPE OF THE PROJECT A. SUB-RECIPIENT hereby agrees to perform, in a timely fashion, the activities provided for herein, and those previously defined in the application and project description dated December 14, 2010, submitted by the SUB-RECIPIENT entitled"Bowes Road and State Street Facilities Safety and Energy Efficiency Rehabilitation", which was revised on February 11, 2011, a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference (hereinafter referred to as the "PROJECT"). The SUB- RECIPIENT was awarded a grant for Fiscal Year(FY)2011-2012. B. All funding provided to SUB-RECIPIENT shall be used solely to renovate the agency's Vocational Development and Intermittent CILA Departments, located at 695 South State Street, Elgin, Illinois, by providing more energy efficient vocational offices. About 25 low and moderate-income clients of the agency, that visits the facility weekly, will benefit from the Association's program in its 2011-2012 fiscal year. The subject building will serve 100 percent low and moderate income persons as defined by 24 CFR 570.208 (a) (2) (i) (A). Such funding shall be used only for the replacement of the existing outdated windows, siding and roof, and other costs associated with the above activities as are consistent with the scope and intent of the PROJECT and are pre-approved by CITY staff. Page 1 of 19 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 local newspaper and the Dodge Construction News. 3. The SUB-RECIPIENT shall include in the invitation for bids, the statement "Minorities and women contractors are encouraged to submit bids." The SUB- RECIPIENT shall purchase a 1" x 3" space in the Dodge Construction News Classified Section specifically inviting Minority Business Entity/Women Business Entity(MBE/WBE)firms to submit bids. 4. All bids will be publicly opened at the time and place prescribed in the invitation for bids. 5. The SUB-RECIPIENT shall provide the City's Community Development Department with a copy of the classified advertisement and the results from the bid opening. 6. The contract award will be awarded, in writing, to the lowest responsive and responsible bidder. Any or all bids may be rejected, if there are sound documented reasons. D. The SUB-RECIPIENT shall comply with the Federal Labor Standards and Prevailing Wage Rates as applied to the Community Development Block Grant Program in accordance with Title 29 of the Code of Federal Regulations,Part 5: 1. After the start of the described work, the SUB-RECIPIENT shall provide to the City's Community Development Department staff, weekly reports of the contractor and/or subcontractors at the job site. The SUB-RECIPIENT shall conduct employee interviews of the contractor and/or subcontractors at the job site. 2. Originals of all documents required for compliance with the Federal Labor Standards shall be supplied to the City's Community Development Department. 3. SUB-RECIPIENT shall erect a sign in a prominent place at the job site crediting the City of Elgin and HUD for funding of the PROJECT by including the following statement: "Funding for the Project has been provided, in part, by the City of Elgin from the U.S. Department of Housing and Urban Development's Community Development Block Grant Program." Page 2 of 19 E. Quarterly Progress Reports 1. The SUB-RECIPIENT shall provide a Quarterly Progress Report to the CITY each quarter, reporting on the status of the PROJECT in relation to the Project Implementation Schedule. The quarterly progress reports shall begin upon the signing of this Agreement, and be based on the CDBG program year, beginning on June 1st and ending on May 31 st of the following year. The quarterly progress report shall be submitted until the completion of the project or until directed to discontinue such reports in writing by the CITY. 2. Quarterly progress reports shall be due on the 10th day of the month following, the end of the quarter, for the previous quarter's activities. 3. The SUB-RECIPIENT shall use a form provided by the Community Development Department and shall include all required information about the number of clients served each quarter (by race, income, and the number of female headed households). F. Request for Payment 1. The SUB-RECIPIENT shall provide the City's Community Development Department, prior to the start of construction, with an itemized list of all estimated expenditures. This list (on a State of Illinois Engineer's Pay Estimate form BLR-283 or equivalent) shall show expected quantities and unit prices for each item. 2. Request for payment shall be submitted on a timely basis. Each request for payment sent to the CITY shall be accompanied by said payment estimate form signed by the SUB-RECIPIENT'S authorized representative and showing the work completed. Changes to items on the pay estimate form must be authorized, in writing, by the SUB-RECIPEINT (on a State of Illinois Request for Approval of Change in Plans Form BLR-228 or equivalent), and a copy of such authorization shall be submitted to the City's Community Development Department before payment pursuant to such changes is made. G. Prior to the expenditure of CDBG funds,the SUB-RECIPIENT shall meet with the City's Community Development Department staff to establish acceptable documentation and guidelines regarding requests for payment for the activities described in the Scope of Work. No payment of CDBG funds will be made by the CITY without the required documentation. H. SUB-RECIPIENT shall record and report monthly to the CITY all program income (as defined in 24 CFR 570.500(a)) generated by activities carried out with CDBG funds made available under this Agreement. Any such program income shall be returned to the CITY. Written request for an exception to this section must be made in writing to the CITY's Community Development Department. Such request shall describe why the SUB-RECIPIENT needs the income, the specific activities the SUB-RECIPIENT will undertake with the funds, and how the SUB-RECIPIENT will report income and expenditures to the CITY. A written response to the request will be provided to the SUB- RECIPIENT from the CITY. The use of any program income by the SUB-RECIPIENT Page 3 of 19 shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, to the extent any such income is used during the Agreement period for activities permitted under this Agreement, SUB-RECIPIENT shall reduce requests for additional funds by the amount of any such program income balances on hand. All unexpended program income shall be returned to the CITY at the end of this Agreement period. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to the CITY. III. AMOUNT AND TERMS OF GRANT 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$53,935 (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. 154751 and Account No. 230-0000-791.93-36 in the amount of $53,935, 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 Association's Vocational Department, 695 State Street, Elgin, due to actions by the SUB-RECIPIENT, the SUB-RECIPIENT shall reimburse the U.S. Department of Housing and Urban Development or the CITY for project activities undertaken in whole or in part with CDBG funds at a rate of 6.7% for each year and portion of each year remaining on the ten-year useful life of the facility improvements. The ten-year compliance period shall begin on the commencement date of this Agreement. This provision shall not be construed as limiting the CITY from asserting any claims against the Association for Individual Development, for the breach of any other terms of this Agreement. D. Upon project completion as specified in Section II, Scope of the Project, any remaining CDBG project funds shall be available for reallocation by the CITY to another eligible CDBG project. If SUB-RECIPIENT materially fails to comply with any term of this award, the SUB-RECIPIENT shall repay to the CITY all funds used for ineligible activities. E. A minimum of 51 percent of the persons served on an annual basis shall be at or below 80 percent of the Median Family Income in order for the SUB-RECIPIENT to maintain eligibility for the CDBG funds provided for herein. Said income levels shall be updated and revised annually to conform to levels set by the U. S. Department of Housing and Urban Development. Failure to meet the aforementioned minimum 51 percent threshold shall require SUB-RECIPIENT to reimburse the CITY for funds expended,in whole or in part, for project activities. F. Changes in the scope of services, budget, or method of compensation contained in this Agreement, unless otherwise noted, may only be made through a written amendment to this Agreement,executed by the SUB-RECIPIENT and CITY. Page 4 of 19 IV. SUB-RECIPIENT'S COMPLIANCE WITH THE ACT A. CITY shall assist SUB-RECIPIENT'S making application for CDBG funds. B. SUB-RECIPIENT shall abide by the ACT, and all HUD rules and regulations promulgated to implement the ACT. C. SUB-RECIPIENT shall, upon request of CITY, (1) assist in the completion of an environmental review and (2) complete certifications showing equal employment opportunity compliance including equal employment opportunity certification with reference to the PROJECT, as set forth in Exhibit "C" attached hereto and made a part hereof. D. SUB-RECIPIENT,in performing under this Agreement, shall: 1. Not discriminate against any worker, employee, or applicant, or any member of the public, because of race, creed, color, sex, age or national origin, nor otherwise commit an unfair employment practice; and 2. Take affirmative action to insure that applicants are employed without regard to race, creed, color, sex, age or national origin, with such affirmative action in- cluding, but not limited to the following: Employment, upgrading, demotion or transfer, termination, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, including apprenticeship. E. SUB-RECIPIENT shall permit CITY and HUD to conduct on-site reviews, examine personnel and employment records and to conduct any other procedures or practices to assure compliance with the provisions of this Agreement. SUB-RECIPIENT agrees to post in conspicuous places available to employees and applicants for employment notices setting forth the provisions of this non-discriminatory clause. F. SUB-RECIPIENT shall comply with all laws and state and federal rules and regulations, including but not limited to those regarding a direct or indirect illegal interest on the part of any employee or elected official of the SUB-RECIPIENT in the PROJECT or payments made pursuant to this Agreement. G. SUB-RECIPIENT hereby warrants and represents that neither the project, including but not limited to any funds provided pursuant thereto, nor any personnel employed in the administration of the program shall be in any way or to any extent engaged in the conduct of political activities in contravention of Chapter 15 of Title 5, United States Code, referred to as the Hatch Act. H. SUB-RECIPIENT shall maintain records to show actual time devoted and costs incurred, in relation to the PROJECT, and shall prepare and submit quarterly progress reports which describe the work already performed and anticipated during the remaining time of the PROJECT. Upon fifteen(15)days notice from the CITY,originals or certified copies of all time sheets, billings, and other documentation used in the preparation of said Page 5 of 19 progress reports shall be made available for inspection, copying, or auditing by the CITY at any time during normal business hours,at 150 Dexter Court,Elgin,Illinois. SUB-RECIPIENT shall adopt the audit requirements of the Office of Management and Budget (hereinafter "OMB") Circular A-133, "Audits of Institutions of Higher Learning and Other Non-Profit Institutions." SUB-RECIPIENT shall submit to the CITY one copy of said audit report. SUB-RECIPIENT shall permit the authorized representatives of the CITY, HUD and the Comptroller General of the United States to inspect and audit all data and reports of the SUB-RECIPIENT relating to its performance under this Agreement. J. SUB-RECIPIENT and CITY shall at all times observe and comply with Title 24 CFR Part 570 and all applicable laws, ordinances or regulations of the Federal, State, County, and local government, which may in any manner affect the performance of this Agreement. Without limiting the foregoing,the SUB-RECIPIENT shall comply with the regulations, policies, guidelines and requirements set forth in Exhibit B, attached hereto and incorporated herein by this reference. K. SUB-RECIPIENT shall transfer to the CITY any unused CDBG funds and submit all billings attributable to this Project at the time this Agreement expires. L. SUB-RECIPIENT will ensure that any real property under the SUB-RECIPIENT'S control that was acquired and/or improved in whole or in part with CDBG funds is used to meet the benefit of low and moderate income persons as defined by HUD, for a period of 10 years after the commencement of this Agreement. M. If during the 10 year period after the commencement of this Agreement, the SUB- RECIPIENT disposes of any property under the SUB-RECIPIENT'S control that was acquired and/or improved in whole or in part with CDBG funds, then the SUB- RECIPIENT will reimburse the CITY in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property in accordance with 24 CFR 570.503(b)(8)and 24 CFR 570.505. V. RIGHTS TO SUBCONTRACT A. SUB-RECIPIENT is herewith granted authority to subcontract all or any portion of the PROJECT to such engineers, architects, independent land use consultants, professional land planner, construction contractors or other entities as SUB-RECIPIENT shall deem appropriate or necessary and upon such terms as may be acceptable to SUB-RECIPIENT. B. Administration of any subcontracts by the SUB-RECIPIENT shall be in conformance with 24 CFR Part 570.200(d)(2)and Part 85.36. VI. SUB-RECIPIENT'S AUTHORIZATION TO ACCEPT PROPOSALS Page 6 of 19 A. After the CITY has received notification that funds for the PROJECT have been released by HUD, the SUB-RECIPIENT shall be authorized to accept the proposal of any subcontractor for the PROJECT. VII. BILLING PROCEDURE A. Upon release of Grant Funds by HUD for the PROJECT, the CITY shall make disbursements to the SUB-RECIPIENT as either reimbursement for advances made by SUB-RECIPIENT or as advances for specific cash requirements of SUB-RECIPIENT for the PROJECT. All claims of SUB-RECIPIENT, whether for reimbursement or advancement, shall comply with the following requirements: 1. SUB-RECIPIENT shall submit a listing of all disbursements of CDBG funds, on a form provided by the CITY; 2. Any claim for advancement of CDBG funds shall be limited to an amount necessary for SUB-RECIPIENT to meet specific cash requirements for the PROJECT and shall be disbursed by SUB-RECIPIENT within three(3) working days of receipt by SUB-RECIPIENT; 3. Any request for reimbursement or advancement pertaining to work under contracts from the SUB-RECIPIENT shall include the following: a. For interim payments to contractors and subcontractors, certification that the work for which payment is requested has been performed and is in place and to the best of SUB-RECIPIENT'S knowledge, information and belief that, the quality of such work is in accordance with the contract and subcontracts, subject to: (i) any evaluation of such work as a functioning PROJECT upon substantial completion; (ii) the results of any subsequent tests permitted by the subcontract; and(iii)any defects or deficiencies not readily apparent upon inspection of the work; and b. For final payment, 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. Page 7 of 19 B. Upon submission of an acceptable claim for Grant Funds, CITY shall process such claim and shall approve such claim for payment following approval by the City's Community Development Department, for compliance with this Agreement and applicable HUD requirements. C. Except as provided for in Section IX and X herein, CITY shall pay all required payments against eligible project costs, as described in Section II.B, incurred by SUB-RECIPIENT under this Agreement. VIII. ADMINISTRATION AND REPORTING REQUIREMENTS A. SUB-RECIPIENT shall administer the Grant Funds in conformance with the regulations, policies, guidelines and requirements of OMB Circular numbers A-110, A-122, and A- 133,as they relate to the acceptance and use of federal funds for the PROJECT. B. SUB-RECIPIENT shall submit all required information to show compliance with applicable laws, rules and regulations, as specified in this Agreement and shall submit to CITY a quarterly progress report no later than the 10th day of the month following the activity being reported. SUB-RECIPIENT shall comply with all reporting and other requirements as specified in Exhibit "B" attached hereto and made a part of this Agreement. C. Relocation of Tenants SUB-RECIPIENT shall comply with the requirement under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. SUB-RECIPIENT shall maintain a separate relocation file for each displaced person/business for at least three years after the project has been completed or the person/business has received final relocation payments, whichever is later. Relocation costs must be paid to any tenant (residential or nonresidential) who occupies any building being acquired and is forced to move without cause. Waiver of rights to relocation costs can only be done by a single family homeowner. D. Management Plan and Operating Budget of the Facility SUB-RECIPIENT shall maintain, and keep current, a management plan and operating budget stating policies governing the operation of the facility and shall keep this plan and budget on file with the CITY. IX. TERMINATION OF AGREEMENT OR SUSPENSION OF PAYMENT A. During the implementation of the PROJECT, CITY may terminate this Agreement or may suspend payment of Grant Funds to SUB-RECIPIENT for SUB-RECIPIENT'S substantial breach of this Agreement, abandonment of the PROJECT or occurrence rendering impossible the performance by SUB-RECIPIENT of this Agreement. B. During the implementation of the PROJECT, the CITY may suspend payments of Grant Funds, due to use of funds in a manner unrelated to or in breach of this Agreement Page 8 of 19 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 funds and submit all billings attributable to this Project at the time this Agreement terminates or is suspended. X. REMEDIES A. To the fullest extent permitted by law, SUB-RECIPIENT agrees to and shall indemnify, defend and hold harmless the CITY, its officers, employees, boards and commissions from and against any and all claims, suits,judgments, costs, attorneys fees, damages or any and all other relief or liability arising out of or resulting from or through, or alleged to arise out of, any breach of this Agreement; misuse or misapplication of funds derived pursuant to this Agreement by SUB-RECIPIENT; violation of any statutes, rules and regulations, directly or indirectly, by SUB-RECIPIENT and/or any of its agents or representatives; or any negligent acts or omissions of SUB-RECIPIENT or of SUB- RECIPIENT'S officers, employees, agents or subcontractors. In the event of any action against the CITY, its officers, employees, agents, boards or commissions covered by the foregoing duty to indemnify, defend and hold harmless, such action shall be defended by legal counsel of CITY'S choosing. The provisions of this paragraph shall survive any termination and/or expiration of this Agreement. B. In the event of loss of approved Grant Funds for the PROJECT as a result of any violation or breach of this Agreement by the CITY, misuse or misapplication of funds received from HUD unrelated to the PROJECT, or any violation of the statutes,rules and regulations of HUD, directly or indirectly, by CITY and/or any of its agents or representatives, CITY'S liability to SUB-RECIPIENT shall be limited to any funds which have previously been provided to sub-recipient pursuant to this Agreement. SUB- RECIPIENT hereby waives and releases CITY from any and all other liability pursuant to any such breach,misuse,misapplication or violation of statutes,rules or regulations. C. In the event HUD,or any other federal agency,makes any claim which would give rise to invoking the remedy provisions, as set forth in paragraph A or B of this Section X, then the CITY or SUB-RECIPIENT shall immediately notify the other party, in writing, providing the full details of the alleged violation. To the extent that any such matter is Page 9 of 19 not subject to exclusive federal jurisdiction, venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this Agreement between the CITY and SUB-RECIPIENT shall be in the Circuit Court of Kane County, Illinois. D. In addition to any remedies available to the CITY, if CITY has lost or been prevented from receiving any federal funds, other than the Grant Funds, as a result of any alleged violation of law or other breach of this Agreement by SUB-RECIPIENT, the SUB- RECIPIENT shall repay, upon demand by the CITY, such amount of Grant Funds previously disbursed or allegedly due to the SUB-RECIPIENT. XI. TIMELINESS A. Time is of the essence of this Agreement. SUB-RECIPIENT shall meet the schedule deadlines listed below. Any milestone which the SUB-RECIPIENT does not achieve within two months of the date listed will result in the SUB-RECIPIENT submitting a revised implementation schedule for approval by the City's Community Development staff. Failure to achieve these deadlines may result in the loss or reduction of grant funds at CITY's discretion. Actions Date 1. Prepare Bid Specification January 31,2013 2. Bids Solicited March 1,2013 3. Select Contractor May 1,2013 4. Construction Begins June 1,2013 5. Construction Completed December 1,2013 B. SUB-RECIPIENT. Shall complete the PROJECT within twelve (12) months from the date of this Agreement. However, in the event of any alterations or additions or of circumstances beyond the control of SUB-RECIPIENT, which in the opinion of the Community Development Director will require additional time for completion of said expenditures, then in that case, the time of completion shall be extended by the Community Development Director by a period of time not to exceed six(6)months. C. If SUB-RECIPIENT is delayed in the completion of the PROJECT by any cause legitimately beyond its control, as determined by the CITY, such that it cannot complete the PROJECT within eighteen (18) months of the date of this Agreement, it shall immediately give written notice to the CITY of the anticipated delay, the reasons therefore and request an extension of time for completion of the PROJECT. CITY's Community Development Director shall consider any such request and shall make a recommendation to CITY's City Council as to whether in his sole discretion he considers such an extension to be reasonable and necessary, under the totality of circumstances to be required for completion of the PROJECT due to the particular circumstances. The Page 10 of 19 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 Sections V and VI hereof, SUB-RECIPIENT shall not assign this Agreement or any part thereof and SUB-RECIPIENT shall not transfer or assign any Grant Funds or claims due or to become due hereunder,without the written approval of the CITY having first been obtained. D. ATTORNEY'S OPINION - If requested, SUB-RECIPIENT shall provide an opinion of its attorney, in a form reasonably satisfactory to the CITY, that all steps necessary to adopt this Agreement, in a manner binding upon SUB-RECIPIENT, have been taken by SUB-RECIPIENT, and that SUB-RECIPIENT is in compliance with applicable local, state and federal statues, rules and regulations for the purpose of complying with this Agreement. E. HEADINGS -The section headings of this Agreement are for convenience and reference only and in no way define, limit, or describe the scope or intent of this Agreement, and should be ignored in construing or interpreting this Agreement. F. The terms of this Agreement shall be severable. In the event any of the terms or provisions of this Agreement are deemed to be void or otherwise unenforceable for any reason,the remainder of this Agreement shall remain in full force and effect. G. This Agreement shall not be construed to create a joint venture,partnership, employment or other agency relationship between the parties hereto. H. Venue for the resolution of any disputes or the enforcement of any rights between the parties hereto arising out of or in connection with the terms and provisions of this Agreement shall be in the Circuit Court of Kane County,Illinois. Page 11 of 19 IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the dates recited below. CITY OF ELGIN,an Illinois Municipal Corporation BY: .�.��'��fi<< Sean R. Stegall City Manager DATE: December 5, 2012 ATTEST:-8,4 imberly ewis City Clerk SUB-RECIPIENT: Association for Individual Development, Inc. 1135 Bowes Road,Elgin,Illinois 60123 BY: ` V`&ti.Lt Lynn O'Shea Executive Director DATE: 1 — l D — t2 ATT ST• Page 12 of 19 EXHIBIT A SUB-RECIPIENT'S CDBG APPLICATION Page 13 of 19 PROPOSAL APPLICATION FOR CDBG FUNDING: 0 THE COMMUNITY DEVELOPMENT BLOCK GRANT(CDB ENTITLEMENT PROGRAM 44j- (.1 *. FISCAL YEAR 2011 JUNE 1,2011 THROUGH MAY 31,2012 O Organization Name: Association for Individual Development Project Name: Bowes Road and State Street facilities safety and energy efficiency rehabilitation Project Address: 1135 Bowes Road and 695 State Street Elgin, IL 60123 Exec Director Name: Lynn O'Shea Address: 1135 Bowes Road Elgin 1L 60123 Telephone#: 630.966.4001 Fax#: 630.844.2065 Email Address: cplotzke@the-association.org Website (if applicable): www.the-association.org Employer(IRS) ID #: 36-2472748 DUNS#: 074573700 Contact Name: Christie Plotzke Title: Grants Coordinator Contact Telephone#: 847.931.2292 Fax#: 847.888.6079 Contact Email: cplotzke@the-association.org Website (if applicable): www.the-association.org PROJECT FUNDING REQUEST CDBG Funds Requested S 77,968 Funding Leveraged from other Sources $8,663 Check the category,which describes the type of funding, requested: n Housing • Public Facility Infrastructure n Economic Development n Public Service — Other BRIEF PROJECT DESCRIPTION: Please provide a one-sentence statement about your project—not your organization. Energy efficiency and safety improvements to AID public facilities will help to enrich the lives of individuals with disabilities living in Elgin. City of Elgin CDBG Application FY 2011 Application Page 14 CONSTRUCTION Pf O417. TS€ NL y Public Improvements/Construction Activity Application Form Project Name/Title: Bowes Road and State Street facilities safety and energy efficiency rehabilitation Agency Name:Association for Individual Development Agency Address: 1135 Bowes Road City: Elgin State: Illinois Zip:60123 1. Project Description (Attach additional sheets as necessary.) a. Provide a detailed description of the facilities to be provided or improved. Identify major components of proposed work and state estimated quantities: The Bowes Road (located at 1135 Bowes Road) day training center is a 40,000 square foot building that was constructed in 2005 and is owned by AID. The structure houses day training programs for individuals with diverse disabilities who live in Elgin and the surrounding communities. This facility needs an enclosed walkway from the parking lot into the building so the clients can travel safely from transportation vehicles to the building. The facility also needs a perimeter fence (6ft high) in the back of the building to enclose the yard so that clients might engage in outdoor activities like exercise,group sports and gardening in the spring and summer months.The building is located in a high traffic industrial park. The fence would provide clients with guaranteed protection when outside the building. The State Street facility(located at 695 State Street) is a 4 bedroom ranch house that has been converted into offices and meeting rooms and is owned by AID. The house was constructed sometime in the 1950's and it has the original single-pane windows, failing shingles on the roof and the original wooden clapboard siding. The building is in need of significant upgrade in order for it to be energy efficient. Presently,it is very energy , inefficient. Clients visit this site weekly to meet with their residential case managers regarding budgeting, medication and other life skills. They also meet with their vocational counselors about gaining and/or maintaining employment. b. Indicate the primary function of the facilities to be provided or improved: The AID Bowes Road facility is a day training program for individuals with disabilities. Approximately 150 individuals attend the program each day and learn and hone vital daily living, social, behavioral, community integration, life and job skills to better prepare them for community employment. The State Street facility houses the AID Vocational Development and Intermittent CILA departments. Individuals in the vocational program meet there to search for jobs on the internet and in the newspaper, learn to complete applications, learn about appropriate on-the-job behavior and participate in mock interviews. Individuals in the Intermittent CILA program live in their own apartments in the community but come to State Street to meet with their casemanagers to work on weekly budgeting, medications, bill-paying and grocery list and menu planning. Many also work on job seeking skills. City of Elgin CDBG Application FY 2011 Application Page 15 c. Readiness to Proceed: (i) Do you have an architect/engineer under contract? If so provide name. I] Yes ■ No n/a (ii) Do you have preliminary plans/drawings completed (If so, attach)? ❑ Yes ■ No (ii) Do you have project cost estimates completed (if so attach)? • Yes E No (using Davis Bacon Wage Rate and Labor Standards) Please note that any costs incurred prior to the award and environmental review process cannot be reimbursed to the applicant. e. Provide evidence of site control. Copy of the deed. if property is not owned provide a copy of the lease. Agreement and letter from owner approving proposed work. Please see attached deeds for the Bowes Road and State Street facilities. C '`•:TR'l.CTION PRO: TS rs;�L �+.,iJ+.ttti..� 2. Project Location: Bowes Road and State Street in Elgin a. Project Address/Location: (Include photographs) 1135 Bowes Road Elgin IL 60123 695 State Street Elgin IL 60123 Census Tract(s):8519.02 Block Group(s): b. Indicate if the project is located in, or will have any impact on,the following: (Please indicate Yes or No) (i) National Register Historic District (ii) Designated Wetlands Area (iii) Land Use/Zoning Change 0 Yes ■ No 0 Yes ■ No ❑ Yes ■ No If yes, explain: 1f yes,explain: If yes,explain: (iv) Environmental Hazards Yes ■ No If yes, explain: City of Elgin CDBG Application FY 2011 Application Page 16 c. Provide a time line for the project and current status of project progression: Construction Bid Period: August 2011 Start Date: September 2011 Completion Date: December 2011 Status: Preliminary cost estimates have been gathered for all project components. If award is granted, an architect will be hired to draw plans for the outside enclosed walkway at Bowes Road facility. 3. Project Benefit: (Attach additional sheets as necessary.) a. Describe the existing problems or conditions to be corrected by the proposed activity. Identify the persons affected by these conditions. Explain how the project benefits low and moderate income people. Bowes Road fence:The Bowes Road day training program is located in an industrial park that sees heavy truck and car traffic each day. The building has a large,open back property that would be ideal for outdoor activities and an exercise area for clients but without a fence the clients'safety is compromised. Currently, the clients do not use the back yard area. However, it has the potential to be a wonderful place for games, exercise, group sports and team activities and gardening and horticulture. Installing a fence around the perimeter of the back yard would give clients a whole new area in which to learn,train and grow. All individuals receiving services at AID are low to moderate income persons. Bowes Road enclosure: During periods of inclement and cold weather, individuals receiving daily services at the Bowes Road facility are exposed to the elements for lengthy periods of time when boarding and disembarking from vans, buses and cars. Many individuals have walkers,wheelchairs and other modes of assistive transportation. A new enclosed walkway,which will connect to the building, will provide safety and shelter for individuals. All individuals receiving services at AID are low to moderate income persons. State Street renovation:The State Street vocational office is in need of renovation to provide the most energy efficient space for the clients, case managers and vocational counselors that meet there each week. The roof has failing shingles and the siding and windows are the original installations from the early 1950's. The house needs to be upgraded to provide an energy efficient space for AID programs for clients living and working independently in the community. All individuals receiving services at AID are low to moderate income persons. b. Describe in quantifiable terms the goals to be achieved by your project during the proposed funding period, and how the recipients of your services will be benefited or changed. AID will install an enclosed walkway and perimeter fence at the Bowes Road facility. Both of these projects will provide increased safety for the 150 individuals with diverse disabilities who learn valuable job, life and social skills at the facility each day. AID will also replace the roof, siding and windows at the State Street facility. These improvements will make the building safe and dramatically increase energy efficiency for the 25 clients who visit the building each week to meet with case managers and job coaches about apartments, employment, budgets and medication. City of Elgin CDBG Application FY 2011 Application Page 17 CONSTRUCTION PROJECTS ONLY ProjectBudget Soil boring/environmental/LBP evaluation $0.00 $0.00 $0.00 $0.00 Tap fees and impact fees $0.00 $0.00 $0.00 $0.00 Permitting fees $0.00 $0.00 $0.00 $0.00 Legal fees $0.00 $0.00 $0.00 $0.00 Other $0.00 $0.00 $0.00 $0.00 NhsceilaneousCosts., Developer fees $0.00 $0.00 $0.00 $0.00 Project reserves $0.00 $0.00� $0.00 $0.00 Relocation costs $0.00 $0.00 $0.00 $0.00 Project Adpsin&Management.Costs Marketing/management $0.00 $0.00 $0.00 $0.00 Operating $0.00 $0.00 $0.00 $0.00 Taxes $0.00 $0.00 $0.00 $0.00 Insurance $0.00 $0.00 $0.00 $0.00 Other _ $3,900.00 $0.00 $0.00 $3,900.00 TOTAL(5%of project manager;'salary) $77 968.00 $8,66.3.00 $0.00 $86,631..00ii *The line items in column A are a guide. Items may be added or deleted depending on the type of project. CONS. ocTIO' 17e,pi ECrS orD, 1. Construction Procurement Guidelines for private non-profit construction projects All construction contracts in excess of$2,000 will be subject to federal Davis-Bacon Wage Rates and Labor Standards provisions.A schedule of current prevailing wage rates and fringe benefits is available at the Illinois Department of Labor at www.state.il.us\agency\idol\rates\evenmo\kane9999.htm $25,000-$99,999 Projects over $25,000 require Newspaper Advertisement Public Solicitation of Contractor Bids in Elgin Standard Times. Federal requirements for Davis -Bacon and Minority and Women Business Enterprise Participation (MBE/WBE)compliance will be applicable. Federal Section 3 and City of Elgin Minority Workforce Requirements are not applicable for contracts under$100,000. The lowest qualified bid representing the complete scope of work from a QUALIFIED CONTRACTOR will be considered. $100,000+ Projects over $100,000 require Newspaper Advertisement Public Solicitation of Contractor Bids in Elgin Standard Times. Federal requirements for Davis -Bacon and Minority and Women Business Enterprise Participation(MBE/WBE)compliance will be applicable. Federal Section 3 and City of Elgin Minority Workforce Requirements will be applicable for contracts over $100,000. City of Elgin CDBG Application FY 2011 Application Page 18 Bond Requirement—100% Payment and Performance Bonds. The lowest qualified bid representing the complete scope of work from a QUALIFIED CONTRACTOR will be considered. City of Elgin CDBG Application FY 2011 Application Page 19 2. PROJECT ELIGIBILTY SECTION A. This project is located in 8519.02 Census Tract(s)(Identify tract by number) (website—Factfinder.census.gov) B. This project meets at least ONE of the HUD national objectives listed below (please check all applicable; discussion and definitions available on page 6 of the packet): _X_ 1. Benefits low/moderate income individuals/households 2.Addresses the prevention or elimination of slums or blight 3. Meets a particularly urgent community development need. C. Check all statements that describe HOW this project or activity meets one of the National Objectives above: ❑ L/M Area Benefit: the project meets the identified needs of L/M income persons residing in an area where at least 51% of those residents are L/M income persons. The benefits of this type of activity are available to all persons in the area regardless of income. Examples: street improvements, water/sewer lines, neighborhood facilities, facade improvements in neighborhood commercial districts. ■ L/M Limited Clientele: the project benefits a specific group of people (rather than all the residents in a particular area),at least 51%of whom are L/M income persons.The following groups are presumed to be L/M: abused children, elderly persons, battered spouses, homeless, handicapped, illiterate persons. Examples: construction of a senior center, public services for the homeless, meals on wheels for elderly, construction of job training facilities for the handicapped. D L/M Housing: the project adds or improves permanent residential structures that will be occupied by L/M income households upon completion. Housing can be either owner or renter occupied units in either one family or multi-family structures. Rental units for L/M income persons must be occupied at affordable rents. Examples: acquisition of property for permanent housing, rehabilitation of permanent housing, conversion of non-residential structures into permanent housing. ❑ L/M Jobs: the project creates or retains permanent jobs, at least 51% of which are taken by L/M income persons or considered to be available to L/M income persons. Examples: loans to pay for the expansion of a factory, assistance to a business which has publicly announced its intention to close w/resultant loss of jobs, a majority of which are held by L/M persons. ❑ MicroEnterprise Assistance: the project assists in the establishment of a microenterprise or assists persons developing a microenterprise. (A microenterprise is defined as having five or fewer employees, one or more of whom owns the business.) This activity must benefit low/moderate income persons, area or jobs as defined in previous sections. NOTE: List is continued on the following page... City of Elgin CDBG Application FY 2011 Application Page 20 ❑ Slum or Blighted Area: the project is in a designated slum/blight area and the result of this project addresses one or more of the conditions that qualified the area. ❑ Spot Blight: the project will prevent or eliminate specific conditions of blight or physical decay outside a slum area. Activities are limited to clearance, historic preservation, rehabilitation of buildings, but only to extent necessary to eliminate conditions detrimental to public health and safety. Examples: historic preservation of a public facility threatening public safety, demolition of a deteriorated, abandoned building. D. Project Category[check one]: ❑ Acquisition of Real Property ❑ Disposition of Real Property Q Public Facilities and Improvements (e.g., homeless shelter, water and sewer facilities, flood and drainage improvements, fire protection facilities/equipment, community, senior and health centers, parking, streets, curbs,gutters and sidewalks, parks and playgrounds.) ❑ Privately-Owned Utilities ❑ Public Service{i.e., a new service or an increase in the level of a service) 1-1 Relocation Payments and Assistance to Displaced Persons ❑ Removal of Architectural Barriers, Handicapped Accessibility ❑ Housing Rehabilitation E Historic Preservation ❑ Commercial or Industrial Rehabilitation, including facade improvements and correction of code violations. ❑ Special Economic Development or assistance to micro-enterprises. City of Elgin CDBG Application FY 2011 Application Page 21 3. IMPACT ON APPLICABLE GOALS,NEEDS,AND OBJECTIVES The Five-Year Consolidated Plan identifies both priority needs in the community and strategies to address these needs. The need for your proposed project will be determined by identifying how the project impacts upon the adopted Consolidated Plan Priority Needs. Therefore, applications should provide a clear explanation of how the project impacts upon the adopted Consolidated Plan Priority Needs. Greater consideration will be given to projects that provide a clear description of the project with supporting data and methodology of how the project will meet the Consolidated Plan Priority Needs. Please identify the category and activity applicable to your proposal, using that table as your guide: Example: Public Services Activity: Youth Transportation ❑Homelessness Activity ❑Infrastructure Activity Affordable Housing Activity IZI Public Facilities Activity safety and energy efficiency rehabilitation ❑Planning &Capacity Building Activity The City of Elgin has identified ten strategic goals to reflect the City's ongoing commitment to the community. Greater consideration will be given to projects that provide a clear description of the project with supporting data and methodology of how the project will meet the City's strategic goals. Please identify ALL the categories applicable to your proposal: ❑ A Safe Community ❑ Quality Housing d Neighborhood Vitality ❑ River as a Resource ❑ Economic Growth and Diversified Tax ❑ Alive Downtown Base ❑ Financially Stable City Government o Recreational, Leisure and Cultural 0 Customer Service Opportunities for all Citizens ❑ Diverse Management Staff PROPOSED PROJECT ACCOMPLISHMENTS Please briefly describe proposed accomplishment{s) if funding is awarded: (Accomplishments must be described in terms of households served, people served, businesses created, housing units created,jobs created or public facilities undertaken. Example: This program will serve 485 LMI individuals, this program will create 25 jobs, etc.) PROPOSED ACCOMPLISHMENTS: This program will provide safe,energy efficient public facilities to 175 LMI individuals with diverse disabilities living in Elgin and the surrounding communities. This construction project will also create work for several local tradesmen as they construct an enclosed walkway,build a perimeter fence and renovate a small,converted house to make it more energy efficient. Please answer the following questions: A. What is the total estimated number of persons to be served by this project? 17' B. What is the total estimated number of LMI persons to be served by this project? 175 C. What is the anticipated percentage of LMI persons to be served by this project? 100% City of Elgin CDBG Application FY 2011 age 22 4. ACTIVITY DESCRIPTION: Please answer the following questions in the space provided. A. Provide a detailed description of the proposed activity including how the activity will address the community need you have indicated. Identify whether the activity is new, ongoing, or expanded from previous years. Bowes Road fence:The Bowes Road day training program is located in an industrial park that sees heavy truck and car traffic each day. The building has a large,open back property that would be ideal for outdoor activities and an exercise area for clients but without a fence the clients'safety is compromised. Currently,the clients do not use the back yard area. However, it has the potential to be a wonderful place for games, exercise,group sports and team activities and gardening and horticulture. Installing a fence around the perimeter of the back yard would give clients a whole new area in which to learn,train and grow. All individuals receiving services at AID are low to moderate income persons. Bowes Road enclosure: During periods of inclement and cold weather, individuals receiving daily services at the Bowes Road facility are exposed to the elements for lengthy periods of time when boarding and disembarking from vans, buses and cars. Many individuals have walkers, wheelchairs and other modes of assistive transportation. A new enclosed walkway,which will connect to the building,will provide safety and shelter for individuals. All individuals receiving services at AID are low to moderate income persons. State Street renovation: The State Street vocational office is in need of renovation to provide the most energy efficient space for the clients, case managers and vocational counselors that meet there each week. The roof has failing shingles and the siding and windows are the original installations from the early 1950's. The house needs to be upgraded to provide an energy efficient space for AID programs for clients living and working independently in the community. All individuals receiving services at AID are low to moderate income persons. These projects will benefit a limited clientele of individuals with diverse disabilities residing in Elgin and the surrounding communities. All individuals are low to moderate income persons. B. Identify who will benefit from the proposed activity (e.g. homeless, youth, seniors, disabled, et cetera). If designed to benefit persons of L/M income, describe the process you will use to identify these persons and ensure that the activity meets this objective. (An LMl certification form is included in the RFP Packet), Individuals with disabilities residing in Elgin will benefit from this proposed activity. These individuals receive services at AID and are all determined to be low/moderate income. AID provides services to individuals who are eligible for some state funding: the state only approves funding for individuals with low or no income. C. Identify the accomplishments you intend to achieve with this activity. Provide an activity timeframe/schedule (include start,completion dates,and other significant stages). This project will provide safer, more energy efficient buildings that house AID day programs and vocational programs in Elgin. The project will begin in early September 2011. The target completion date is late December 2011. The construction bid process will begin once CDBG awards have been announced (and once it is learned that AID is a chosen recipient of CDBG funds). An architect will be hired at that time to draw plans for the Bowes Road enclosed vestibule. City of Elgin CDBG Application FY 2011 Application Page 23 5. ORGANIZATIONAL CAPACITY Please answer the following questions in the space provided. A. Provide an overview of your organization including length of time in existence. Attach a list of current officers and board members with terms. For nearly fifty years,The Association for Individual Development (AID) has served individuals with developmental, physical and/or mental disabilities, those who have suffered a trauma and those at risk. Vital, life-enriching services include: children's services; respite care; permanent housing; in-home support; developmental and vocational training;job placement and on-the-job coaching services;crisis intervention;victims services; community education; mental health treatment; behavioral intervention and advocacy.With more than 20 programs operating in 45 communities,AID is a leading provider of services that address the unique needs of individuals throughout every stage of their lives. A person- centered approach coupled with innovative practices ensures the highest level of accomplishment. Our mission is to empower individuals with disabilities, mental illness and special needs to achieve independence and community inclusion. AID is a United Way partner agency and accredited by the Commission on Accreditation of Rehabilitation Facilities (CARF). AID annually serves more than 5,400 individuals in Kane, Kendall, DeKalb, DuPage, Will, and suburban Cook Counties. AID currently operates 5 day program/training centers in Elgin, Aurora, Batavia and Yorkville, a mental health center in Aurora and 27 group homes scattered throughout Kane and Kendall Counties. Please see attached list of current Board members with terms and occupations. B. Describe your organization's experience in successfully conducting this type of activity. Identify any skills, current services, or special accomplishments that demonstrate your capacity for success. AID owns and operates 27 group homes in the Fox Valley Area as well as several public facilities. Several of the AID group homes are HUD projects. AID has been responsible for the planning, construction and/or rehabilitation and renovation of nearly all homes and buildings. The Director of Maintenance, Purchasing, Building Projects and Transportation has many years of experience in working with architects, contractors and laborers. We have recevied Elgin CDBG funds for many years. We are also the past and current recipient of Kane County and Aurora CDBG funding. C. Identify the person(s) responsible for program and financial management of the activity. Identify all other persons involved in this activity noting whether these positions are current or new, pending this award. The AID Director of Maintenance, Purchasing, Building Projects and Transportation will be responsible for the construction project from inception to completion. This position is current and 5%of the salary is included in the CDBG request. D. Identify any other agencies/partners in this activity and define the roles and responsibilities of these partners. N/A A lication Pa e 24 City of Elgin CDBG Application FY 2013 pp 9 E. Demonstrate that the proposed activity is economically feasible and can be implemented in a timely cost effective manner within the proposed program year. The activity is cost effective, economically feasible and will be completed in the three months prior to the end of calendar year 2011 and 6 months prior to the end of fiscal year 2012. Energy efficiency renovations to State Street will conserve much energy in the future thus making this project very economically prudent. F. Oftentimes projects that receive an award of CDBG funding are actually awarded less than the amount originally requested. This requires the submission of a revised budget and a description of how it will carry out the proposed activity with reduced funding prior to the commitment of any funding. Please indicate here whether your proposed activity could be undertaken with a reduced commitment of funding and if so, please highlight how that would affect the scope of services you are proposing. If the Elgin CDBG award was fess than requested,the project manager would evaluate the project to determine which components could be deferred to a time when funding can be secured from another source. The project would proceed with a revised scope of work that eliminated items we were unable to afford given a reduced award. Application Page 10 A-7 City of Elgin CDBG Application FY 2011 Application Page 25 6. FINANCIAL The City encourages CDBG funds to be utilized as gap funding. A gap is defined as the amount of funding necessary to run a program after all other funding sources have been identified, thus leveraging is very important in the application process. ACTIVITY BUDGET Please answer the following questions in the space provided. You may reference and attach an additional page if necessary. A. Complete the Budget Summary chart, More detailed budgets may be attached (and are strongly recommended) in support of the proposal. B. identify sources of leveraged funding for this activity, Include the status of these funds (i.e. cash on hand, grants received, planned fund-raising, etc.). Attach copies of funding commitment letters or other evidence of funding support. C. Leverage—Consideration will be given to the amount of non-CDBG funds committed to the oroiect. BUDGET SUMMARY Category Breakdown CDBG Leveraged Funds Source of Total Funds Leveraged Funds Personnel * $3,900 0 0 $3,900 Contractual Services $74,068 $8,663 AID special $82,731 construction on fundraising I Bowes Rd and State Street facilities Rent& Utilities 0 0 0 0 Communications 0 0 0 0 Travel 0 0 0 0 Other Specify: 0 0 1 0 0 • Total CDBG Request $77,968 $,663 AiD pedal $86,631 fundraising; Total Other Funds 0 3 0 0 0 Grand Total $77,968 $8,663 1 $86,631 *NOTE: Please complete Budget Detail Chart on page 26 if personnel costs are included in your proposal. City of Elgin CDBG Application FY 2011 Application Page 26 BUDGET DETAIL This section provides back-up for each line item shown in the Budget Summary Chart. Please make certain this detailed breakdown is consistent with the Program Budget. Round up to the nearest hundred. Please note: A job description for each person must be provided. A Note about the Staff/Salary Breakdown: Please show all proposed staff positions funded with CDBG funds that relate to the proposed activity. If multiple staff members have the same position/title, list separately(For example: Counselor 1, Counselor 2). Use an additional sheet if necessary. You must submit job descriptions with your application for each position title identified below. Is this a Total Position Annual Total %Time Spent on current or Annual x = Cost Position Title proposed Salary Fringe Annual this CDBG Requested position? Benefits Salary Project/Program from CDBG Example:Case Current $25000'- $5,000 $30,000 x 40% = $12,000 manager Director of Current $57,554 $20,144 $77,698 x 5% _ $3,900 Maintenance, Purchasing, Building Projects and Transportation Total x = $3,900 A. Oftentimes projects that receive an award of CDBG funding are actually awarded less than the amount originally requested. This requires the submission of a revised budget and a description of how it will carry out the proposed activity with reduced funding prior to the commitment of any funding. Please indicate here whether your proposed activity could be undertaken with a reduced commitment of funding and if so, please highlight how that would affect the scope of services you are proposing. If the Elgin CDBG award was less than requested,the project manager would evaluate the project to determine which components could be deferred to a time when funding can be secured from another source. The project would proceed with a revised scope of work that eliminated items we were unable to afford given a reduced award. City of Elgin CDBG Application FY 201 1 Application Page 27 AID FY 2011 Elgin CDBG project budget breakdown Project component Cost Bowes Rd enclosed vestibule $ 15,800.00_ Bowes Rd fence $ 12,996.00 State Street roof $ 9,600.00 State Street siding $ 16,765.00 State Street soffit/fascia $ 4,960.00 State Street gutters $ 2,685.00 State Street windows $ 19,925.00 5%of Director's salary $ 3,900.00 Total project budget $ 86,631.00 AID leverage=10% $ 8,663.00 CDBG request(total-AID leverage) $ 77,968.00 15 December 2010 DRIESSEM. . i 1..ituis / Cana tUtditt/2:ett. GENERAL CONTRACTORS SINCE 1924 Asociaton.for Individual Development. Oct 26,2010 3.09 west New indian Trail Court Auroras fl(>0506 , • Re;BOwes Rd.-NE Corner enclosure Attn:.IVIBte Mier We propose to furnish gliinatnrialg and pet-lb-rill altlAbcir tleedSsaty16 c.Oinplete.the folleivirt To-Otiose.11,001.the West and Ens%tide-tO.:.ttlVitig.it'artiliti10:.611:41ity,•Nbilb-64#Side atiiiiiiiI4 tilbe.iiidittliii soli* 41ndi,ition•aoti,reploarig of existing c mutat, We iiOutil.,.,-enettAtt-t4WO:.-silleg'With allonitiniti.-gtOirifttlYattliing,iiiiiii., gi4s v.livfing:ttree.. Ail.of the aitiov -kisiolic to.:}10,:,:oottvloot:irt a obst4641odloorkinithlite.moolvfeet1*-4ittit.,4Vitton..111031-spid. ... . Eittotiintito:._ bollats..(tAL80003:y PaymeJtA rnade,..epelif. . .asc.the,woxt invet$04,0-0.e.vdia#Of . . 400%)pl.toettrOthe.ttitOOlc;ent.Vittet. Tho-entire.gmouncottliv.etio,ot to W.:poi:4404 3:11.4.40:tifto othtploios, . .... My-a4gA1titill.:01':efAvigtiOAP.660:At 401it':OtAifiOti.init.-410.1,tinif t*If4 00.••,:dtlitoefli 1..m.14boi,lot 01y.Iii.-. .. ,. .,.. ... 4.qttipa.*gip vi...0gett-ottler4 fctr.#10 s011,4 414,will 000.01t,40.0,0*.eltligo'-:10tethe gttiTti100050,iti,ttio.t.outOtt lit :41ge:r-lUetrIltstAt be.Made...ill writg? '1.7*<7,000.0 agree, ,O.carry Worlemen.'4,0.01.petistOoti4t4Pnlitip..L400/10$A0nge,41$010-00$0/OtOts.1.-.. .,. “...... ..-.. ii1; i .01itt Age 0.e.nefkan4'tt40.xtiOwtri&it 064IPPOWOR!'11*'.0P00 01.P t1)4;WISI tnid-p gor Itivii„,,,,,A" 040' tla owoot e latt.t00.4y 0-ijr*d WO Ci.00.00gitot44.44$.41**.::'04P 4444•i',(0*..1..$1007....tgtd, IllAkpop.9%4 rpt.azgeptlwo tuuktx.tilevrvr4 ootior.014.0f.opoot 0.4.,,,gifp•optair4 go.00070.310.3*. Izel'.-WAillkwbAni40,4,.. ,.. e i 4,1 .. ''.' .4,.. -'4,- ...•,Tismature• . . . ...,..„......,...,.. ... ...,..... ..:4:*.i..6ries&ett. i›.* Ckerlatilti.! :PT-iilt04'.1974nra:la..4 tiSe. itettitifiit6 YOO.gre:.liereby itillioiiied i.rilttrriisli i&tatiiiiti find.talfbi;ii0iie1 tO...-ebliiplite tlf&viii5iii,Maittitin iil th6- .fifatii>tal,foi4Ifitlif the ithdiistii.E.43-:30ei io:.*:ihtiviitsiiiii IiiiiiiibiitalIri4iitttwirOiliiii:.•aiiitiediiiiiiiiti6 tie:tiitis:ili6itof. •Iiitilibi,:vill b :itlieti.Od'-dii.tilitiiiii&,i&Oiliifs.4i.itieliti iSf18% iiill- , ittlied6iliiiiiii.ki•derreiiiiii.:diiikktit* r4gtiiii14. .1:70 alf.ciisfg:a61116c..tiiitfiiieffitlitit lititiiickliiiiiialbiiikiiiibreiffealikriTes'-:: • SktiOitit, . Ptinted Nanie.and Titie Date • . , ,.. • P.O. Box 12'6 • 1.850 Dean.Street• Saint Charles,.IL .601.74 Phone (630) 584-0295 • Fax (630) 584-0349 Proposal Norm-(8 47)142-572 I 814597 Bittersweet Lane Elgin, IL 60124 THOMPSON ROOFING State Licensed Customer Telephone bete Association for Individual Dee. (630)966-4012 10-26-10 Aurora, IL Job: 695 State St., Elgin We hereby sutannt epecilicetlone and estimates fort Complete shingle roof tear off inspect plywood and re-nail where necessary Replace any bad plywood at a cost of$45.00 per sheet install ice guard 6 ft.from bottom roof edge Re-shingle with GAF Timberline 30 HD Shingles Shingle Mate felt undertayment Timbartex Ridge Replace plumbing fleshings, 5 roof vents and add 6 Counter-flash chimney Aluminum coat flat roof Permit and dumpster fees Included TOTAL-$ 9,400,00 Upgraded warranty: If materials fall years 1-20 OAF replaces labor and material/Years 21.30 prorated-10 year guarantee on workmanship Upgraded Warranty-$200.00 more We Propose hereby to furnish material and labor to complete in accordsenca with the above 8pecifcatkins,for the sum ot. Nine thousand four hundred and no/100 dollars{$►9,400.Q0). Payment to be made as fDfowie UPON COMPLETION All meters&is guaranteed to be as specified. All work to be completed in a wovinstariHke tnaetaaer according to standard practices. Any alteration or deviation from above apetifh.atk4..ss Involving extra casts will be executed*arty upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes,accidents or delays Authorized beyond our control. Owner to carry lire,tornado,and other Siget*har iL �-•� �r necessary Insurance. Our workers are fully covered by MOTE:This proposal be wvoiut.a..i aCompensatlon insurance, withdrawn by us hf not accepted within 30 days. ACCeptslitte al Proposal The above prices, spedification and conditions are satisfactory are hereby accepted. You are authorized to Customer work ate spocNinr4S. Payment wNs be.treble a outlined above. Date of Acceptance Customer raci.cri cu t carpentry carvtcec.mom November 3,2010 Mike Miller 695 S.State Street Elgin, IL 60123 mmiller@the-association.org Re: Siding,Soffit, Fascia,Gutter and Windows Precision Carpentry Services proposes to provide materials and labor to complete the work as specified below: SIDING -$16,765 • Remove existing siding in accordance with the EPA Lead Paint Disposal Program and dispose of in an onsite,lined dumpster. • Install new CertainTeed double 4"vinyl siding with all corners,j-channel and undersill trim. SOFFIT/FASCIA-$4,960 • Install new soffit and fascia with vented panels over existing soffit;cut in vent 4'on center to provide adequate ventilation. GUTTERS-$2,685 • Remove existing gutters and replace with new seamless aluminum with oversized downspouts (3"x 4"). WINDOWS-$19,925 • Remove existing sashes and replace with a new Pella Impervia block window frame(glass will qualify for the 2010 tax credit). Exterior frame will be cladded to provide maintenance-free exterior. OTHER TERMS&CONDITIONS: • Permits,if applicable,are included in this proposal. • An onsite dumpster is included in this proposal. • Any additional work required above and beyond what is specified in this proposal will be completed on a time and material basis. • Homeowner agrees to allow contractor to display a company/advertising sign in the front yard during the course of the work. • Payment: 50% paid prior to the start of the project;balance due upon completion. • Material warranties provided by manufacturer or others. Jeff Thompson (224)636-3064 • Brandon Bowers (224)629-3138 Mike Miller November 3, 2010 Siding,Soffit, Fascia,Gutter and Windows Page 2 Thank you for the opportunity to provide you with a proposal for this work. If you have any questions, please feel free to contact either one of us at your convenience. Respectfully, Jeff Thompson/Brandon Bowers PrecisionCatpentryServices@vahoo.com www.pcs-iflinois.com ACCEPTANCE OF TERMS Agreed to and accepted this day of ,2010. By: Jeff Thompson (224)636-3064 • Brandon Bowers (224)629-3138 Professionals in-Fencing For Over 50 Years ' Residential-Commercial - Industrial Showroom Located at Phone:(815)787-9821 Fax:(815)787-7894 320 West Lincoln Highway Email:mail@agreatfenceco.com Cortland,IL 60112 Fox Valley Fence Co. 1 J 3(1 I � 74:5.SOCrc!ifi0 // Date: �;r lt)d( r Customer Name: / Phone: Ai(((ICQ--. Ai( ( f :0- s Address r, t,. } jI p Work/Cell: ' City: 4f.iC,�c , IL fvC���"�4:? 4 T 1� ?CC j30 — cc"gL[ ? �1(j j ! Zip Code: Cross street: f r �^ Job Description: ,-�+a b s/--' - A . 1,- . / 1(3 --� 8�� .e g, c. ' , L ( - j No.Feet (;) • ( Height 6 I 7/1-1-•. 1 Material 84, y o c�- STylie.��C{!ti L»j.f'1 � . G'08 Walk Gates' -3 Dbl.Gates Rails / 5 .�rK Line Posts -it a10p Rol �? !Q End&Cor er Posts• f4 Gate Posts if Li t d. /8 pss CSC t color J i t f - �� �-gib (k Top Finish Scroll/Caps f Concrete Footings " Cores/Breaks 2.0 Cati.L re it' 1 Take Down Haul Away / �r I tJI Gy cl 1 Spread Dirt Haul Dirt ye. (i•e / l) (c( i b L{ Customer to Mail.Survey Customer to Obtain Permit Special Specification i Special Specification r Accepted: /1 ,-\ r / Date: Total: i ( z 1 9-9 ) ,r^r,r }} I(2 y 1 SO%Required Deposit: " ` Y1.- Balance Due Terms:See be k side of contrac{for additional terms and conditions which are made part hereof. /(fF(�(�} if J.r (Balance Due•on Completion) t `�. f/...` `hD =t 4.1 This proposal is valid for 30 days from proposal date. Thanks for the opportunity to quote your fence! 1 A. THRESHOLD CERTIFICATION In order for your application to be accepted, in addition to the application itself, your organization must submit the following items to the Office of Housing and Community Development no later than 5:00 PM on DECEMEBER 15,2010. An original application with all questions completed along with one copy that is 3-hole punched and clipped [not bound] of the completed application. (Only the original must include the requested support documents such as the articles of incorporation and the current list of your Board of Directors.) a The following attachments/certifications: (if you have not submitted an application in the last two years OR if the information has changed) u Articles of Incorporation d Current List of Board of Directors Q Certified Organization Audit/Financial Statements of most recent year a. Copy of OMB A-133 Audit (Required if $300,000 in aggregate Federal funds expended), or b. Financial statements audited by a CPA(only if not qualified for A-133),or c. Profit and Loss Statement for most recently completed fiscal year and General Ledger printout(only first time applicants or those who do not meet above criteria may submit) a IRS 501(c)(3) Designation Letter(Pending letters will not be accepted) El Current Fiscal Year Agency Budget, including all funding sources El Job Descriptions per budget detail. El An Executed Statement of Applicant Form. El An Executed Signature Authorization Form. El Conflict of Interest Disclosure Form. I hereby confirm that this packet contains all materials required. (23 • Signature and Printed Name Authorized Signer City of Elgin CDBG Application FY 2011 Application Page 28 B.STATEMENT OF APPLICANT The undersigned acknowledges the following: 1. That, to the best of its knowledge and belief, ail factual information provided is true and correct and all estimates are reasonable. 2. That no revised proposals/applications may be made in connection with this application once the deadline for applications has passed. 3. That the City of Elgin may request or require changes in the information submitted, and may substitute its own figures, which it deems reasonable for any or all figures provided. That the applicant will participate in required interview for project assessment and cooperatively assist in the review process. 4. That, if the project(s) is recommended and approved by the Mayor and City Council,the City reserves the right to reduce and/or cancel the allocation if federal entitlements are cancelled, reduced,or rescinded. 5. The City of Elgin reserves the right not to fund any submittals received. 6. By submission of this application, the organization agrees to abide by the federal regulations applicable to this program. 7. That, if the project(s) is funded, the organization agrees to abide by the City's locally established policies and guidelines 8. That past program and financial performance will be considered in reviewing this application. 9. That services are to be provided at no cost to citizens during the grant period. All program income (i.e:fees, repayments,foreclosures,etc.) must be remitted to the City. 10. That, if the project(s) is funded, the City or a designated agency may conduct an accounting system inspection to review internal controls, including procurement and uniform administrative procedures, prior to issuance of payments for projected expenditures. 11. That, if project(s) is funded,the City will perform an environmental review prior to the obligation of funds. 2. Tha t,at if a project is funded, a written agreement that includes a statement of work, records Jg retention and reporting, program income procedures, local and federal requirements, circumstances that would trigger grant suspensions and terminations,and reversions of assets would be required between the organization and the City. 13. That a project's funding does not guarantee its continuation in subsequent action plans. 14. Provide written signatory authority from the organization's governing body indicating who can execute contracts and amendments on its behalf. Statement of Applicant continued on following page. City of Elgin CDBG Application FY 2011 Application Page 29 15. Agrees to abide by the City of Elgin's Conflict of Interest policy. Items of concern would include staff members serving on the Board of Directors, staff members' families serving on the Board of Directors, and other matters that may give the appearance of a conflict of interest. PENALTY FOR FALSE OR FRAUDULENT STATEMENT U.S. Code Title 18, Section 1001, provides that a fine of up to $10,000 or imprisonment for a period not to exceed five years,or both, shall be the penalty for willful misrepresentation and the making of false, fictitious statements, knowing same to be false. By signature below,the applicant acknowledges the above in its name on this fifteenth day of December, 2010. Association for Individual Development Name of Organization By: Z� -�.---- (Signature) President/CEO (Title) • City of Elgin CDBG Application FY 2011 Application Page 30 C. Signature Authorization Form The Board of Directors of the Association for Individual Development(AID) does hereby resolve that on Tuesday December 7, 2010, the Board reviewed the application for Community Development Block Grant Funds (CDBG)to be submitted to the City of Elgin Community Development Department for funding consideration for the fiscal year 2011 and in a proper motion and vote approved this application for submission. The Board further certifies that the organization making this application had complied with all applicable laws and regulations pertaining to the application and is a non-profit organization, tax-exempt and incorporated in the State of Illinois. AID hereby proposes to provide the services or project identified in the Scope of Services in accordance with this application for CDBG funds. If this application is approved and this organization receives CDBG funding from the City of Elgin, this organization agrees to adhere to all relevant Federal, State and local regulations and other assurances as required by the City. Furthermore, as the duly authorized representative of the organization, I certify that the organization is fully capable of fulfilling its obligation under this application as stated herein. I further certify that this application and the information contained herein are true, correct and complete. I also authorize the following person to have signatory authority regarding this grant: / GEO Name Title kESIA-6Air/66-0 Name Title c:ttis President/Board of Directo I zr %/ ru Date Conflict of Interest The standards in OMB Circular A-110, Subpart C, provide that no employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by Federal funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when an employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in the firm selected for an award. The CDBG regulations at 24 CFR 570.611 and HOME regulations at 24 CFR 92.356 provide that no person who is an employee, agent, consultant, officer, or elected official or appointed official of the recipient or subrecipient that are receiving CDBG or HOME funds and (1) who exercises or has exercised any functions or responsibilities with respect to activities assisted with CDBG funds; or (2) who is in a position to participate in a decision-making process or gain inside information with regard to these activities, may obtain a financial interest from a CDBG- assisted or HOME-assisted activity, or have any interest in any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one (1)year thereafter. A disclosure of the nature of any perceived or actual conflict must be made prior to the execution of agreements utilizing CDBG or HOME. IF NO CONFLICT EXISTS, COMPLETE THE FOLLOWING: I certify that no conflict of interest exists between the City of Elgin and (name of organization)the Association for Individual Development. I certify that no conflict of interest exists between the subcontractors of and (name of organization) Association for Individual Development. IF A POTENTIAL CONFLICT EXISTS, COMPLETE THE FOLLOWING: I certify that a potential conflict of interest may exist between the City of Elgin and (name of organization) I certify that a potential conflict of interest may exist between (name of subcontractor) and (name of organization) Describe the nature of the conflict of interest below. Identify the individual, employment and the conflict or potential conflict, and their affiliation with your organization. Signature of Authorized Agency Official Date 12/15/2010 Lynn O'Shea, President/CEO City of Elgin CDBG Application FY 2010 Instructions Page 27 AID BOARD OF DIRECTORS AGENCY NAME: Association for Individual Development(AID) ADDRESS: 309 W.New Indian Trail Court,Aurora,IL 60506 EXECUTIVE DIRECTOR: Lynn O'Shea PHONE: 630-966-4001 DATE OF NEXT BOARD ELECTION: 6/2011 NAME HOME ADDRESS OCCUPATION&EMPLOYER EXPIRES Edward Keating 2696 Le Baron Court Vice President 6/2011 (Chairman) Geneva, IL 60134 Harris Trust&Savings Bank,St.Charles ' 630-208-6860 Edward.keatinq(7harrisbank.com Chuck Miles 1015 Westfield Course Caterpillar 6/2012 (Vice President) Geneva,IL 60134 630.232.6926 Miles Charles HCc�cat.com Walter Dwyer 1210 Clayton Court Vice President 6/2013 (Treasurer) Geneva,IL 60134 IHC Construction,Elgin 630-208-9242 wdwyer@ihcconstruction.com Toni Vaughan 1885 Alschuler Drive Retired 6/2011 (Secretary) Aurora,IL 60506 630.892.7560 apvaughanecomcast.net Fred Norris 1028 Crestwood Circle Former Mayor of St.Charles, 6/2011 1 St.Charles,IL 60175 Retired 630.377.0044 Norris4444_ncomcast.net Mary Trippon 1112 Foxridge Lane Surgical Oncology Nurse Clinician 6/2011 Aurora, IL 60502 Univ.of IL Hospital&Clinics,Retired 630.851.3499 MTRIPPON(c�aol.com Milt Evans 1101 Spring Creek Ct. Retired Art Teacher 6/2013 Elgin,IL 60120 Abbott Middle School,Elgin 847-742-8736 Miltev.2asbco lobat.net Dr.James Hofer 45 Hillcrest Retired Pediatrician 6/2011 Aurora,IL 60506 630-466-7721 Jhofer136C7,sbc igbal.net Dr.Clem Mejia 2676 Danford Way Retired Kane County Superintendent 6/2013 Geneva,IL 60134 630.232.7288 clemme'ia•comcast.net Gretta E.Bieber 16071 Walker Road Attorney 6/2011 Newark,IL 60541 Alschuler,Simantz&Hem,LLC,Aurora 630.553.6807 Biebert6.ashlaw.net Doris Hillman 1265 Foxcroft Drive Principal,West Aurora School Dist 129 6/2012 Aurora, IL 60506 630.892.5441 dhitlman{a7sd129.orq Patrick M. Flaherty 920 Hardin Rd Attorney/Partner 6/2012 Aurora,IL 60506 Kinnally Flaherty 630.892.0033 pfla he rtakfkilaw.com John Potter 130 River Mist Drive President of Advocate Dreyer Medical- 6/2013 Oswego,IL 60543 Retired 630.551.3323 jandspot(&..sbcglobal.net Lydia Smith 9N986 N. Leland Court I Vice President&Bank Manager-St, I 6/2013 Elgin,IL 60123 Charles Bank&Trust Company 630.377.4178 (smith bank Board Meeting Dates: First Wednesday in August;October;December;February;April;May(annual meeting);June. Board Meeting Location: Kane County Education Office,210 S.Sixth Street,Geneva,IL 60134 at 5:30 p.m. ASSOCIATION FOR INDIVIDUAL DEVELOPMENT FINANCIAL STATEMENTS AND INDEPENDENT AUDITOR'S REPORT For the Year Ended June 30, 2009 Sil<ich LLP Certified Public Accountants &Advisors CONTENTS Paire(s) INDEPENDENT AUDITOR'S REPORT 3 FINANCIAL STATEMENTS Statement of Financial Position 4 Statement of Activities 5 Statement of Functional Expenses 6-7 Statement of Cash Flows 8 Notes to Financial Statements 9-17 Certified Public Accountants & Advisors e, ei Members of American Institute of Certified Public Accountants 998 Corporate Boulevard • Aurora, IL 60502 INDEPENDENT AUDITOR'S REPORT Board of Directors Association for Individual Development Aurora, Illinois We have audited the accompanying statement of financial position of the Association for Individual Development (AID)as of June 30, 2009, and the related statements of activities, functional expenses, and cash flows for the year then ended. These financial statements are the responsibility of AID's management. Our responsibility is to express an opinion on these financial statements based on our audit. The prior year summarized comparative infourlation has been derived from AID's 2008 financial statements and, in our report dated October 27,2008, we expressed an unqualified opinion on those financial statements. We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of the Association for Individual Development as of June 30, 2009, and the changes in its net assets and its cash flows for the year then ended in conformity with accounting principles generally accepted in the United States of America. /4-; LC-1 Aurora, Illinois October 19, 2009 FINANCIAL STATEMENTS ASSOCIATION FOR INDIVIDUAL DEVELOPMENT STATEMENT OF FINANCIAL POSITION June 30, 2009 (With Summarized Financial Information for June 30, 2008) 2009 2008 ASSETS Cash and cash equivalents $ 556,178 $ 316,969 Accounts receivable less allowances of$40,000 for 2009 and 2008 1,832,362 1,758,710 Contributions receivable 145,815 430,751 Prepaid expenses and deposits 232,495 163,203 Property and equipment, net 7,185,255 7,052,683 Other assets 15,110 18,660 TOTAL ASSETS $ 9,967,215 $ 9,740,976 LIABILITIES AND NET ASSETS LIABILITIES • Accounts payable S 319,849 $ 665,315 Accrued payroll and related liabilities 1,781,365 1,155,898 Other liabilities 148,026 72,960 Notes payable 2,224,133 2,444,542 Total liabilities 4,473,373 4,338,715 NET ASSETS Unrestricted 2,615,224 1,923,514 Temporarily restricted 2,878,618 3,478,747 Total net assets 5,493,842 5,402,261 TOTAL LIABILITIES AND NET ASSETS $ 9,967,215 $ 9,740,976 See accompanying notes to financial statements. - 4 - ASSOCIATION FOR INDIVIDUAL DEVELOPMENT STATEMENT OF ACTIVITIES For the Year Ended June 30,2009 (With Summarized Financial Information for the Year Ended June 30,2008) Temporarily Unrestricted Restricted 2009 2008 PUBLIC SUPPORT AND REVENUE Contributions $ 1,247,414 $ 62,300 $ 1,309,714 $ 2,380,658 Grants 5,733,984 - 5,733,984 6,102,952 Service fees 13,828,923 - 13,828,923 13,725,804 Investment income 10 - 10 IS Gain on sale of capital assets 1,600 - 1,600 1,320 Miscellaneous income 69,693 - 69,693 12,904 Net assets released from restrictions 662,429 (662,429) - - Total public support and revenue 21,544,053 (600,129) 20,943,924 22,223,656 EXPENSES Program services Community Support Services 770,730 - 770,730 499,431 Community Integration and Employment Services 6,992,553 - 6,992,553 7,258,831 Behavioral Health Community Living Services 1,368,200 - 1,368,200 1,285,819 Behavioral Health and Crisis Intervention Services 2,220,550 - 2,220,550 2,394,034 Children's Services 843,397 - 843,397 872,692 Developmental Disability Community Living Services 6,340,012 - 6,340,012 6,621,046 Total program services 18,533,442 - 18,535,442 18,931,853 Administration 2,009,704 - 2,009,704 2,842,225 Fundraising 307,197 - 307,197 239,157 Total expenses 20,852,343 - 20,852,343 22,013,235 CHANGE IN NET ASSETS 691,710 (600,129) 91,581 210,421 NET ASSETS,BEGINNING OF YEAR 1,923,514 3,478,747 5,402,261 5,191,840 NET ASSETS,END OF YEAR $ 2,615,224 $ 2,878,618 $ 5,493,842 $ 5,402 261 • See accompanying notes to financial statements. - 5 - ASSOCIATION FOR INDIVIDUAL DEVELOPMENT STATEMENT OF FUNCTIONAL EXPENSES For the Year Ended June 30,2009 (With Summarized Financial Information for the Year Ended June 30,2008) Behavioral Community Behavioral I lcaith and Developmental Community Integration and Health Crisis Disability Support Employment Community Intervention Children's Community Services Services Living Services Services Services Living Services Staff salaries and wages S 531,023 S 3,483,230 S 933,007 S 1,288,347 S 396,449 $ 3,901,581 Staff benefits 111,829 1,026,240 244,824 230,328 133,944 847,923 Staff payroll taxes 39,696 258,516 68,468 157,928 30,709 300,291 Client salaries and taxes - 273,880 - - - Operating supplies 2,436 168,145 11,327 27,920 16,164 279,202 Conferences and meetings 1,092 10,071 2,885 3,050 5,293 6,640 Travel costs 9,881 220,366 8,717 15,067 14,320 79,888 Facility rental 2,621 483,285 11,191 4,167 20,677 131,356 Utilities and telephone 14,737 311,986 6,784 43,490 18,315 163,731 Repairs and maintenance 9,940 239,013 2,574 50,049 20,693 189,020 Property and liability insurance 2,900 14,911 3,094 3,470 (70) 6,708 Interest expense 7,908 35,856 5,312 17,439 8,695 29,953 Consultants 1.597 6,202 4,395 206,923 848 4,862 Professional fees 7,019 39,739 16,972 13,796 33,735 28,666 Inter-program services - - - - - - Contract services - - - - 106,120 - Postage and freight 1,277 7,281 2,539 1,657 1,231 5,088 Printing and advertising 456 5,777 1,018 3,377 7,928 5,883 Vehicle expense 2,692 93,369 10,469 8,097 1,542 111,142 Equipment expenses 1,019 21,109 990 9.643 1,971 5,490 Bad debt expense - - - - - Contributions to Community Foundation of the Fox River Valley - - - - - Other expenses 7,310 89,540 20,331 15,114 5,568 96,641 Total before depreciation 755,433 6,788,516 1.354,897 2,099,862 824,132 6,194,065 Depreciation 15,297 204,037 13,303 120,688 19,265 145,947 TOTAL FUNCTIONAL EXPENSES $ 770,730 S 6,992,553 S 1,368.200 $ 2,220.550 S 843,397 S 6,340,012 (This statement is continued on the following page.) -6- ASSOCIATION FOR INDIVIDUAL DEVELOPMENT STATEMENT OF FUNCTIONAL EXPENSES(Continued) For the Year Ended June 30,2009 (With Summarized Financial Information for the Year Ended June 30,2008) Total Program Support Services Totals Services Administration Fundraising 2009 2008 Staff salaries and wages S 10,533,637 $ 915,431 S 106,012 S 11,555,080 S 11,822,337 Staff benefits 2,595,088 274,629 23,208 2,892,925 2,621,423 Staff payroll taxes 855,608 70,030 9,664 935,302 870,256 Client salaries and taxes 273,880 - - 273,880 581,133 Operating supplies 505,194 21,490 1,082 527,766 661,288 Conferences and meetings 29,031 9,550 304 38,885 31,977 Travel costs 348,239 19,888 4,522 372,649 192,037 Facility rental 653,297 15,236 192 668,725 692,589 Utilities and telephone 559,043 36,935 3,705 599,683 639,799 Repairs and maintenance 511,289 34,503 3,717 549,509 606,867 Property and liability insurance 31,013 46,228 (13) 77,228 79,030 Interest expense 105,163 37,610 1,660 144,433 222,659 Consultants 224,827 77,764 155 302,746 190,813 Professional fees 139,927 59,447 1,277 200,651 291,678 Inter-program services - - - - 210,118 Contract services 106,120 - - 106,120 120,194 Postage and freight 19,073 6,950 2,019 28,042 43,539 Printing and advertising 24,439 6,948 16,330 47,717 57,525 Vehicle expense 227,311 34,742 295 262,348 329,745 Equipment expenses 40,222 14,964 177 55,363 123,795 Bad debt expense - 140,460 - 140,460 283,854 Contributions to Community Foundation - of the Fox River Valley - 69,045 - 69,045 695,371 Other expenses 234.504 98,340 129.617 462,461 102,266 Total before depreciation 18_016,905 1,990,190 303,923 20,311,018 21,470.293 Depreciation 518,537 19,514 3,274 541,325 542,942 TOTAL FUNCTIONAL EXPENSES S 18535,442 5 2,009,704 _S 307,197 5 20,852,343 $ 22,013,235 See accompanying notes to financial statements. - 7 - ASSOCIATION FOR INDIVIDUAL DEVELOPMENT STATEMENT OF CASH FLOWS For the Year Ended June 30,2009 (With Summarized Financial Information for the Year Ended June 30,2008) 2009 2008 CASH FLOWS FROM OPERATING ACTIVITIES Change in net assets S 91,581 $ 210,421 Adjustments to reconcile change in net assets to cash from operating activities Gain on sale of capital assets (1,600) (1,320) Depreciation 541,325 542,942 Contributions of property received (410,000) - (Increase)decrease in Accounts receivable (73,652) 855,111 Contributions receivable 284,936 (339,397) Prepaid expenses and other assets (65,742) 58,409 Increase(decrease)in Accounts payable (345,466) (22,415) Accrued payroll and related liabilities 625,467 (46,107) Other liabilities 75,066 I6,804 Total adjustments 630,334 1.064,027 Net cash from operating activities 721,915 1,274,448 CASH FLOWS FROM INVESTING ACTIVITIES Purchase of property and equipment (263,897) (374,154) Proceeds from the sale of property and equipment 1,600 1,320 Net cash from investing activities (262,297) (372,834) CASH FLOWS FROM FINANCING ACTIVITIES Proceeds from long-term debt - 2,419,157 Borrowings on line of credit 3,200,000 10,805,712 Repayments on line of credit (3,200,000) (12,705,712) Principal payments on long-term debt (220,409) (1,328,990) Net cash from financing activities (220,409) NET INCREASE IN CASH AND CASH EQUIVALENTS 239,209 91,781 CASH AND CASH EQUIVALENTS,BEGINNING OF YEAR 316,969 225,188 CASH AND CASH EQUIVALENTS,END OF YEAR S 556,178 $ 316,969 See accompanying notes to financial statements. - 8 - ASSOCIATION FOR INDIVIDUAL DEVELOPMENT NOTES TO FINANCIAL STATEMENTS June 30,2009 1. NATURE OF ACTIVITIES The Association for Individual Development(AID)is an Illinois non-profit corporation organized in 1961. AID's mission is to empower individuals with disabilities, mental illness, and special needs to achieve independence and community inclusion. Services provided by AID in furtherance of its mission include education, training, therapy, and support in a variety of vocational, employment, therapeutic, and community living settings. Children and adults with disabilities residing in Kane and Kendall Counties, and portions of DuPage, suburban Cook, and DeKalb Counties are the primary beneficiaries of AID's services. A significant portion of AID's revenue is provided by state human service agencies. 2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Cash and Cash Equivalents AID considers highly liquid investments with a maturity of less than three months when purchased to be cash equivalents. Allowance for Doubtful Accounts Accounts receivable consist of amounts owed to AID primarily for program services. Accounts receivable are stated at the amount management expects to collect from outstanding balances. AID provides for probable uncollectible amounts through an allowance for doubtful accounts based on its assessment of the current status of individual accounts. Balances that are still outstanding after management has used reasonable collection efforts are written off. Fair Value Measurements AID adopted Statement of Financial Accounting Standards No. 157, Fair Value Measurement, (SFAS No. 157) as of July 1, 2008, and there was no material impact to the financial statements. SFAS No. 157 currently applies to all financial assets and liabilities and for nonfinancial assets and liabilities recognized or disclosed at fair value on a recurring basis. In February 2008, the Financial Accounting Standards Board (FASB) issued FASB Staff Position SFAS No. 157,2,Effective Date of FASB Statement No. 157, which defers the application date of the provisions of SFAS No. 157 for all nonfinancial assets and liabilities until the beginning of fiscal 2010, except for items that are recognized or disclosed at fair value in the financial statements on a recurring basis. -9 ASSOCIATION FOR INDIVIDUAL DEVELOPMENT NOTES TO FINANCIAL STATEMENTS (Continued) 2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Fair Value Measurements(Continued) SFAS No. 157 requires disclosures that establish a framework for measuring fair value in generally accepted accounting principles, and expands disclosures about fair value measurements. SFAS No. 157 is intended to enable the readers of financial statements to assess the inputs used to develop those measurements by establishing a hierarchy for ranking the quality and reliability of the information used to determine fair values. SFAS No. 157 requires the assets and liabilities carried at fair value be classified and disclosed in one of the following categories: Level 1; Quoted market prices in active markets for identical assets or Iiabilities, Level 2: Observable market based inputs or unobservable inputs that are corroborated by market data. Level 3: Unobservable inputs that are not corroborated by market data. AID did not have any non-financial assets recorded at fair value on a recurring basis at June 30, 2009. Property and Equipment Property and equipment are recorded at cost or estimated fair value, if donated. Maintenance, repairs, and renewals which neither materially add to the value of the property nor appreciably prolong its life are charged to expense as incurred. Gains or losses on dispositions of property and equipment are included in income. Depreciation is computed under the straight-line method over the estimated useful lives of the assets. Building and improvements 15-40 Years Equipment, furniture, and fixtures 3-12 Years Vehicles 3-5 Years Fixed assets acquired by AID are considered to be owned by AID. However, federal funding sources maintain an interest in property purchased with certain grant monies as well as the right to determine the use of any proceeds from the sale of these assets, as further described in Note 4. Contributed Services Unpaid volunteers have made contributions of their time to develop and administer AID's programs. No amounts have been reflected in the financial statements for those services since they do not meet the criteria for recognition under accounting principles generally accepted in the United States of America. - 10 - ASSOCIATION FOR INDIVIDUAL DEVELOPMENT NOTES TO FINANCIAL STATEMENTS (Continued) 2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Expense Allocation Expenses benefiting more than one program are allocated as follows: • Wages-by program served. • Employee benefits and related taxes - based on a percentage of the wage allocation. • Utilities - by square footage of the area. • Rent -by square footage of the area of the specific program. • All other expenditures-by specified purpose of the purchase. Use of Estimates The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and Iiabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period. Actual results could differ from those estimates and the differences could be material to these financial statements. Net Assets AID classifies net assets as unrestricted, temporarily restricted, or permanently restricted. Unrestricted net assets of AID are neither permanently restricted nor temporarily restricted by donor-imposed stipulations. Donor restricted contributions whose restrictions are met in the same reporting periods are reported as unrestricted support Temporarily restricted net assets of AID result(a) from contributions and other inflows of assets whose use by AID is limited by donor-imposed stipulations that either expire by passage of time or can be fulfilled and removed by actions of AID pursuant to those stipulations, (b) from other asset enhancements and diminishments subject to the same kinds of stipulations, and (c) from reclassifications to (or from) other classes of net assets as a consequence of donor-imposed stipulations, their expiration by passage of time, or their fulfillment and removal by actions of AID pursuant to those stipulations. Permanently restricted net assets of AID result(a) from contributions and other inflows of assets whose use by AID is limited by donor-imposed stipulations that neither expire by passage of time nor can be fulfilled or otherwise removed by actions of AID, (b) from other asset enhancements and diminishments subject to the same kinds of stipulations, and (c) from reclassifications from (or to) other classes of net assets as a consequence of donor- imposed stipulations. - 11 - ASSOCIATION FOR INDIVIDUAL DEVELOPMENT NOTES TO FINANCIAL STATEMENTS (Continued) 3. PRIOR YEAR INFORMATION The financial statements include certain prior year summarized comparative information in total but not by net asset class. Such information does not include sufficient detail to constitute a presentation in conformity with accounting principles generally accepted in the United States of America. Accordingly, such information should be read in conjunction with AID's financial statements for the year ended June 30, 2008, from which the summarized information was derived. 4. CONTRIBUTIONS RECEIVABLE The following summarizes promises to give for the year ended June 30, 2009: Victim's Services $ 47,500 Community Development Block Grants 98,315 TOTAL $ 145,815 Based upon collection activity, management has determined no allowance for uncollectible promises to give is necessary. 5. PROPERTY AND EQUIPMENT The components of property and equipment at June 30, 2009 are as follows: Land $ 1,191,320 Buildings 7,211,144 Leasehold improvements 545,859 Equipment 2,858,487 Furniture and fixtures 456,039 Vehicles 1,201,316 Total cost 13,464,165 Less accumulated depreciation (6,278,910) NET PROPERTY AND EQUIPMENT $ 7,185,255 AID's facility in Elgin, Illinois was acquired with funds from the U.S. Department of Health and Human Services (DHHS). The grant agreement provides that real property acquired with DHHS grant support may not be conveyed, transferred, assigned, mortgaged, or in any other manner encumbered, except as expressly authorized in writing by the DHHS. Further, the federal government maintains an interest in the real property in perpetuity. Federal interest in the property is not subordinated to those of non-federal parties and may not be subordinated without a compensating financial benefit to the federal government. The amount of federal funds used to acquire the property amounted to $3,149,311, less federal portion of accumulated depreciation of$332,993 at June 30, 2009. - 12 - ASSOCIATION FOR INDIVIDUAL DEVELOPMENT NOTES TO FINANCIAL STATEMENTS (Continued) 5. PROPERTY AND EQUIPMENT(Continued) As further discussed in Note 7, AID received a$410,000 forgivable mortgage to purchase a residential facility in Geneva, Illinois. The home was purchased on July 21,2008, and is currently under renovation to accommodate use as a group home for five individuals with disabilities. Accordingly, no provision for depreciation was taken on this property during the year ended June 30, 2009. 6. LINE OF CREDIT AID currently has $3,000,000 available on a line of credit with a local bank. The interest rate on the line of credit is the prime rate minus 0.50% (the prime rate was 3.25% at June 30, 2008). As of June 30, 2009, the balance was $0. Substantially all of the assets of AID are collateralized by the Iine of credit, the federal interest in facility described in Note 5, and notes payable as described in Note 7. The line of credit agreement expired on July 19, 2009, and it was extended through July 19, 2010. The terms of the new agreement call for interest payable at 1.00%plus the greater of the prime rate or LIBOR plus 1.00%. 7. NOTES PAYABLE Notes payable are comprised of following: Mortgage payable to Harris N.A., dated June 23, 2008, with interest payable at 5.75%. The note is secured by a first mortgage lien on eleven properties, including land and buildings. The monthly payment including interest is $18,368,with a final payment due June 30, 2015. $ 2,027,656 Note payable to Illinois State Council K of C Charities, Inc., dated November 21, 2007, with no interest. The note is secured by land and a building. The monthly payment is $2,381, with a final payment due January 10, 2015. 154,762 Note payable to DaimlerChrysler Bank US,dated February 29, 2008, with no interest. The note is secured by a vehicle. The monthly payment is $532, with a final payment due March 14,2011. 11,I75 Note payable to DaimlerChrysler Bank US,dated June 28, 2007, with no interest. The note is secured by a vehicle. The monthly payment is $414, with a final payment due June 28, 2012. 14,912 Note payable to DaimlerChrysler Bank US,dated June 28, 2007,.with no interest. The note is secured by a vehicle. The monthly payment is $415, with a final payment due June 28, 2012. 15,628 TOTAL $ 2,224,133 - 13 - ASSOCIATION FOR INDIVIDUAL DEVELOPMENT NOTES TO FINANCIAL STATEMENTS (Continued) 7. NOTES PAYABLE(Continued) Maturities of notes payable are as follows: Principal Years Ending Amount June 30, Due 2010 $ 146,538 2011 150,941 2012 153,200 2013 149,288 20I4 156,415 Thereafter I,467,75I TOTAL $ 2,224,133 The mortgage agreement contains a number of restrictive covenants, including a debt service coverage ratio of at least 1.25:1 during each quarter of the fiscal year. All restrictive covenants have been complied with at June 30, 2009. In 2009,the City of Geneva Community Mental Health Board, County of Kane, IIlinois and the Building and Community Services Division, Development Department, County of Kane, Illinois made forgivable mortgages to AID in the amount of$410,000 and$50,000, respectively. Both contain restrictions on property usage that, if violated,would require AID to repay the entire sum. The loans will be forgiven with the latest date of expiration being June 30, 2058. The proceeds of the loans were reported as grant revenue during the year the loan commitment was received. 8. TEMPORARILY RESTRICTED NET ASSETS Temporarily restricted net assets are available for the following purposes as of June 30, 2009: U.S. Department of Health and Human Services' federal interest in the Elgin facility $ 2,816,318 City of Aurora Victim Services 47,500 Other 14,800 TOTAL $ 2,878,618 - 14 - ASSOCIATION FOR INDIVIDUAL DEVELOPMENT NOTES TO FINANCIAL STATEMENTS (Continued) 9. OPERATING LEASES AID conducts the major part of its operations from leased facilities which include factory- type buildings, warehouses, office space, residential space, and school buildings. Most of these operating leases contain varying renewal provisions, renewable at the option of AID, which enables AID to retain use of the facilities in desirable operating areas. In most cases, management expects that in the normal course of business, leases will be renewed or replaced by other leases. AID also leases office equipment and various vehicles and other equipment from time to time. The following is a schedule of future minimum rental payments over the next five years required under operating leases that have initial or remaining noncancelable lease terms in excess of one year as of June 30, 2009: Years Ending June 30, 2010 $ 593,698 2011 2,616 2012 1,308 2013 - 2014 - TOTAL MINIMUM PAYMENTS REQUIRED $ 597,622 Total rent expense for the year ended June 30,2009 was $668,726, 10. IN-KIND DONATIONS OF FACILITIES AID rents some of its facilities from a local taxing authority which arranged for construction of facilities from funds generated through a capital campaign. AID has determined the rent being charged is less than fair market value. Accordingly, AID has recognized $327,600 as an in-kind donation and rent expense for the year ended June 30, 2009. 11. TAX EXEMPT STATUS AID has been determined to be exempt from income taxes under Section 501(c)(3) of the Internal Revenue Code pursuant to a letter dated May 1963. Accordingly, no provision for income taxes is included in the financial statements. - 15 - ASSOCIATION FOR INDIVIDUAL DEVELOPMENT NOTES TO FINANCIAL STATEMENTS (Continued) 11. TAX EXEMPT STATUS (Continued) The Financial Accounting Standards Board (FASB) has issued Financial Interpretation No. 48 (FIN 48),Accounting for Uncertainty in Income Taxes, which clarifies accounting and disclosure requirements set forth in Statement on Financial Accounting Standards No. 109,Accounting for Income Taxes. In accordance with FASB Issues Staff Position FIN 48-3, Effective Date of FASB Interpretation No. -IS for Certain Nonpublic Enterprises, AID has elected to defer the implementation of FIN 48 until June 30, 2010. Currently, AID recognizes uncertain tax positions, if applicable, based on management's estimate of whether it is probable that a liability has been incurred and that amount can be reasonably estimated. In view of the AID's tax-exempt status, management does not expect the implementation of FIN 48 to have a significant impact on the financial statements. 12. EMPLOYEE BENEFITS AID has a money purchase plan for employees who work at least 1,000 hours per year and are at Ieast 21 years of age. No portion of the employer contribution is vested until the employee completes five years of service, at which time 100%of the contribution becomes vested. Effective January 1, 2009, the plan was amended to allow employees to make 401(k)contributions to the plan. Prior to January 1, 2009,AID contributed monthly an amount based upon number of years of service and annual gross salary. Effective January 1, 2009, AID contributes a safe harbor 3% non-elective contribution. Total employer contributions for the year ended June 30, 2009 were $747,241. 13. AFFILIATED ORGANIZATIONS AID is affiliated with Aurora Residential Services, Inc., A&E Association, Inc., Kaneco Association, Kane Homes, and Sherman Apartments. These organizations were formed to provide handicapped persons with housing facilities and services specifically designed to meet their physical, social, and psychological needs. The Board of Directors of AID nominates and approves the board members of these organizations. AID funded the start- up costs for these organizations and has provided ongoing management services. Receivables are reflected on the financial statements at June 30, 2009 in the amount of $50,303 from A&E Association, Inc., $7,692 from Aurora Residential Services, Inc., $38,189 from Kaneco Association, $142,011 from Kane Homes, and $88,848 from Sherman Apartments. - 16 - ASSOCIATION FOR INDIVIDUAL DEVELOPMENT NOTES TO FINANCIAL STATEMENTS (Continued) 14. CASH FLOW INFORMATION Net cash from operating activities reflects cash payments for interest. No income taxes were paid during the year. Cash payments for interest for the year ended June 30, 2009 are as follows: INTEREST PAID $ 144,430 As further discussed in Note 7, during the year ended June 30, 2009, the City of Geneva Community Mental Health Board, County of Kane, Illinois contributed a building to AID. Its fair value on the date of its contribution was $410,000. 15, CONTRIBUTIONS TO COMMUNITY FOUNDATION OF THE FOX RIVER VALLEY During the year ended June 30, 2009, AID contributed $69,045 to the Community Foundation of the Fox River Valley(the Foundation). AID has the right to make written suggestions to the Foundation as to the distribution of the principal or income of the contributed funds. At the time of the transfer,AID granted variance power to the Foundation. That power gives the Foundation the right to vary the purpose or use of the funds, upon thirty days written notice to AID. The Foundation also has the right to distribute the funds to another not-for-profit organization if AID ceases to exist. 16. SUBSEQUENT EVENTS Subsequent events are events or transactions that occur after the balance sheet date but before financial statements are issued or are available to be issued. These events and transactions either provide additional evidence about conditions that existed at the date of the balance sheet, including the estimates inherent in the process of preparing financial statements (that is, recognized subsequent events), or provide evidence about conditions that did not exist at the date of the balance sheet but arose after that date (that is, non- recognized subsequent events). AID has evaluated subsequent events through October 19, 2009, which was the date that these financial statements were available for issuance, and determined that there were no significant non-recognized subsequent events through that date. - 17 - AID - FY '11 Budget FY'.1:1:Budget Revenue 4005 Vocational Development Grant 75/25 $:. - 4oio Special Projects-Respite Grant 145,340: 40151 Client/Family Support Grant 32/68 - 4020 Regular Work Grant 40251 DT 31A 27% 1;075,578 40271 DT 31 U 73% 2,908,044 40301 DD-CILA Residential 60D 5;485,593 4035 DD CRA(POS) 61D 327,149 4050, DD Supported Employment 36U 1.84,714 40521 DD Day Program 38U 5,850 4056 DD One on One Services 53B/R/S 27,500 aoso Home Based Services 55A Sery Fac 160,520 4065 Home Based Services 55D Pers Sup 22,000 4070 DD Behavior Services 56,57,58 (U/G) 82;000'. 40XX: DHS-DQ. . ... . 10,425,2.88 aroo! Consum Crtd Recovery PSR : 54,291 all of Psychiatric Leadership .187;57.6' 4120 Crisis Services :135;568.: 4130 Supported Residential-Lilac 187;344 4140 Supervsed Residential-Indian Trail . 440697 4150j Supervsed Residential-Sherman 125,000 4160 MH Medicaid 1,900,000 4170 MH NON Medicaid 601,911 41XX. DHS-MH 3,632,387 4210, Dept. of Alcohol&Substance Abuse 54,000 4220' DRS Base Plus Performance 155,820 4230 DRS Reg Supported Employment 70,240 4240 DRS Extended Supported Employ. 15,370 Ticket to Work 13;000 4260 PAS _ 35,000 4270 Mental Health Court(Kaneco) 19;500, 4280 Homeless Youth 22,.744 4310 Long Term Care-Resid.for TAC 668,491:` 4320 Long Term Care-DT for TAC 207.437 4325 Long Term Care- DT for Bethesda 27.658 4330 Long Term Care- DT for Zachary 193,934 4356 Victims'Services _ 136.,300 4360 Medicaid-Children Therapy - 4365 Medicaid-Psychiatric Services 5,000 4370 Medicare-Psychiatric Services 10,000 4375 DHS-DFI Title XX 80,580 4380 St. Charles Senior Citizenship 1,500. 42XX/4 3XX: Other Government Revenue 1,716,574 4405 United Way-Aurora (Fox Valley) 52,000 4410 United Way-Elgin 20000 44151 United Way-Metro Chicago 9:292 44201 United Way/CC other 500 Community Chest-Batavia 10.00;: AID - FY '11 Budget FY'11 Budget 4430 Community Chest-Geneva 7,975 4435 United Way-Cent Kane Co.St Chas 31,000 4450 708 Grant-Aurora 298,000 4455 708 Grant-Geneva 28,800. 4460 708 Grant- Hanover Township • 4`1,304 4465 708 Grant-St. Charles 67,000' 4470 708 Grant- Kendall County 24,875' 442x. Local:Funding . 58 ,5:42 4505 Auction(gross) 85;000 4510 Membership _ 65,000 4520 Telethon (gross) 90,000 Small Events(gross) 60,000 asxx Special:Events,gross 300,000, 4550 Contributions-Foundation Grants _ - 4555 Contributions-Restricted 163,200 4557 Contributions-Unrestricted 40,000 4560 Contributions-Staff 3,000 4570 Contributions-In-Kind Rent .: 327,500 4575 In-Kind Contributions 100.,000 45801 Bequest and Memorials I 15000. am( contributions : : . ,70Q aso5 Client Program fees (rent, priv pay etc.) 1,224,480 4610 Int Cila Client Fees/Payouts (64,000) 4615 Client Fees- Retreat/Camp 4,200 4620 Client Fees-Pool Lessons 26,000 4625 Client Fees-Pool Contracts-Ext. 7,450 4630 Client Fees-Transportation 10,000 4640 Program/Activity Fees 12.;000 4645 CBO Income 60;000 4650 Insurance Payments - 1.;Q00: _ 4652 3rd Party&Family Co-Pay 41.5000 Hesed House 40,000' 4s6oj Flex actual income 1.,662 4665 Provena Mercy 42,,000:: 4670 Family Services of Elgin (SASS) '96,000 47xx Third Party Payments 1,465,792 4810 Elgin Sub-Contract Sales 94,500 • 4820 Aurora Sub-Contract Sales 289,000 aeao Janitorial Sub-Contract 410,000 48XX Subcontract Sales 793,50.0 i 49101 Gain/Loss-Fixed Assets 1,000 4920 Interest Income - 4930 Food Income 28,000. 4940 Vending Income 30,000 AID - FY '11 Budget FY'11 Budget 4962 Training Reimbursement 65,000 4965 Management Fees(HUD) 70,000' 4970 LINK Income 160.;000 4980 Miscellaneous Income 10;000 49XX 11(Iiscellaenous income = 464,00,0 ow( TOTAL RPVENUE $ j9,930,183 Expenses 5000 Administration and Support $:::: °: 938198:: 5010 Program Management 786,488 5015 Professional 4,079,169 Professional L.HUD reiimbursemerit (144,444) 5020i Direct Service 4,374,327 Program Support 862,624 5025 Program Support- HUD reimburse. (40,900) Accrued Salaries - al.o EE WARM 14,.8 .. 5100 Group Medical Insurance 1,550,000 5110 Group Dental Insurance _ 85000: 5120 Life&Disability Insurance 150.000 5130 Workers Compensation 280,000' 5140 Retirement 750,000 5150 Staff RCA Tax 831,799'. - Employee Benefits-HUD reimburse. (61;000) 51so Unemployment Tax 40,000 5170 Tuition Reimbursement 45,000 5180 Employee Assistance Program 15;000 5190 Wellness Initiative 5,000 5195 Pre-Employment Requirements 35,000 6555 Employee Recognition 25,000 EMPLOYEE BENEFITS 3,750,799' 5210 Client Salaries 440,000. 5220 Client FICA _ 33,660 5230 Client-Workers Compensation 30,000. •C:1, 1t.FgS ziE .( gNEF Tr 014,664 Audiolo y 18,0001 Ps chiatrist Consultants 75,000` Consultant and Professional Fees 130,000 Nursin Consultants-VNA 448.;000 IT-Consultant 30,000 • Intern Stipends 38,200 Outside services-Respite 101,000 IT Licenses/Maintenance/Supplies 148,040 Audit Fees _ 50,000 Leal Services 35,000 I t.61$1 LTAN_TS:i&OUTSIDE SERV 673,1240 8530 6005 Household Supplies 39:;000 ;AID - FY '11 Budget j FY'11 Budget 6015l Retreat/Camp Expenses 4,000 60291 Special Event Expenses-Auction 16.,000. 60301 Special Event Expenses-Telethon 25,000 6031, Special Event Exp-Clients' Dinner Dam( 10,500 60321 Special Event Expenses-Small Events 3,400 In-Kind Donations 100,000 60401 Program Materials&Activities 75,000 6045 Sub-contract Commodities/Supplies 40;000 6055 Food Service Cost 20,000 6060 Food Costs 275,000 6065 Coffee/WaterNending Supplies :,35 000 61051 Rent for clients 6110j Utilities for clients 1I,200,: 6115! Medications(co-pays) :5.;500 612o Misc for clients '5,000 5'mow a4$5 T To ottL :Cdv_A S `: ::; • 11;70.o 1 6210 Vehicle Operating Costs 98000 6220 Vehicle Repairs&Maint 75000 6230 Vehicle Insurance 37;000 62401 Vehicle Rental 2,000 62501 Staff Mileage Reimbursement 195,000 6260 Resident Transportation Services 3,000 62701 Trans Services RIDES in KANE 200,000 T AN.SPQ.RTATIiD(1E g EigailSIAMOI 63051 Facilities Rental 646;42:1,. 63101 Utilities-Gas :72,0:00 63151 Utilities-Electric ::2 0;000 6320' Utilities-Water&Sewer 35000' 63301 Supplies-Janitorial 57„0.00.; 63451 Snow Removal 58,000 6350 Refuse Disposal 32.;00.0 6355 Security Services 47;000 6360 Moving & Relocation Expense 10,000- 6365 Bldg&Grnds-Maint 141,000, 6370 Bldg &Grnds-Jan Aid 200,000: 6375 Lawn Maintenance 38,0.00 6380 Property Insurance 24.;000. 6385 Gen/Prof/Umb Ins/D&O/Crime 41,000 6395 Mortgage Interest 106,000 6400 Real Estate Taxes 1,700 6335i Telephone-Cellular 28,000 6451 IT-Supplies 20,000 6340 Telecommunication-Facilities 111,600 6450 IT-Licenses/Maint see row#158 -. a l toRmaio TECHNQk OOt 149,00 I 65301 Office Supplies . .55;000 65401 Payroll Service Fees , 82:,000 'AID - FY '11 Budget 'FY. 11 Budget, 6545 Postage 20,000. 000:15 65501 Printin9 , Su piles,ate 174,OD11 6560 6510 Advertising/Job Recruiting 25;000. 6512 Bank fees 2;000 6515 Conferences/Meetings 15,000 6520. Publications&Subscriptions 14,000 6525 Licenses, ermits, dues, CARF 58,000 6600 Interest Expense-LOC, other loans 25,000 Staff Training 25,000 6610 Bad Debts 40,000 sszo Bequest&Memorials Pass Through 15,000 6630 Miscellaneous Expense 1.5.;:000 6632 Cash over/short 6639 TAC Participation fees 43,000; IUIISCEL1A1yN ,. . . 277,000 6405 Equipment-Repairs/Maintenance 27,000: 6425E Equipment Rental :6;000. EQUi.PM,g 33 O;OQ 6430 Planned Capital Depreciation 3;29.9 IT Software-Depreciation 25,840' IT Hardware-Depreciation 13,980 6435 Depreciation 456,182 6440 Amortization Expense 2,400 4DEPRECIA►TION AIVIO T1Z TIN . ': ;' ; U1,VP TOTAL EXPENSES: $ 9930 -$3. NET OPERATIONAL REV/EXP $ OA JOB DESCRIPTION/COMPETENCY CHECKLIST A. Job Title: Director of Maintenance, Purchasing, Building Projects & Transportation B. Job Classification: Exempt C. Reports To: Senior VP of Programs and Services for Maintenance, Transportation & Building Projects Reports to the CFO/VP for Purchasing D. Job Summary: Responsible for managing and processing all AID purchases and assuring that guidelines are followed. Responsible for overseeing the maintenance of all owned and leased facilities. Responsible for management of building projects. Responsible for overseeing vehicle fleet maintenance and transportation contracts. E. Qualifications: Education: Minimum of a Bachelor's Degree or 8 years of equivalent work experience. License/certifications: None Experience: 5 years of related work experience, F. Other Requirements: Physical: Ability to move about in work environment and to visit multiple work sites. Driving a car is required. Good physical condition: Ability to lift 50 lbs., bend, walk, and climb stairs. Equipment: • Computer (Microsoft Word, Outlook, Windows 98, Data Entry, E-Mail, Internet) • Telephone • Copy Machine • Video Camera • Fax Machine . • Pager • Calculator • Shredder • TDD • Alarm System Additional Requirements: • Position requires flexible hours. • Position requires the use of the employee's personal automobile, a valid driver's license, and automobile liability insurance sufficient to meet minimums defined in AID Personnel Policies. • Position requires strong organizational, analytical, computer, oral and written communication skills. G. Mission of agency: Empower individuals with disabilities, mental illness and special needs to achieve independence and community inclusion. H. Departmental goal: To assure safe and well maintained working environment at all facilities and in transportation operations. To promote good fiscal operations through purchasing process. I. Job Responsibilities: Job Responsibilities: Meets Requirement Essential!Job Responsibilities Yes No 1. Manage and motivate paid and unpaid staff including hiring, teaching job skills, administrative supervision, encouraging growth and development, conducting performance appraisals, acting as a positive role model. 2. Develop and maintain all maintenance contracts with vendors. 3. Develop and maintain relationships with all suppliers 4. Supervise and manage the maintenance staff and the vehicle inspector. 5. Assure all AID properties are properly maintained with input from Program Directors. 6. Establish transportation guidelines that will insure the safety and quality of AID client riders. 7. Insure that all AID vehicles are being properly maintained. 8. Develop and maintain all requirements for monitoring constructions projects assigned. 9. Strive to meet all deadlines assigned. 10. Keep internal and external entities informed as required. 11. May be required to perform additional position-related tasks. 12. Assure back-up systems are available for building and transportation emergencies. Additional Job Responsibilities: Yes,., No 13. Member of Safety, Accessibility and other committee as assigned. 14. Coordinator of transportation equipment needs, repairs and awareness of replacement requirements. 15. Function in a Team Model providing team support and group _ problem solving. 16. Alarm System Coordinator for all facilities. J. Competencies: Competencies: Meets Requirement Job Specific Competencies Yes No 1. Competency in vendor and supplier relations. 2. Competency in supplier communication skills in keeping all parties abreast of necessary situations. 3. Competency in transportation operations. 4. Competency in fiscal responsibility, especially in area of purchasing operations. 5. Desire and ability to implement best practices for the client population served by keeping abreast of current trends in the field. Core Competencies •;, Yes No. 1. Customer Focused Service 2. Adapting to Change 3. Accountability and Initiative 4. Striving for Excellence 5. Teamwork 6. Promoting the Organization Leadership.C.ompe.tencles Yes Al . 1. Change Management 2. Client Advocacy 3. Service Excellence and Execution 4. Developing Human Resources 5. Financial Stewardship 6. Resource Development Please note that where there are X for yes & no indicates a goal area for future growth. K. Career Development Opportunities: Division Director, Vice President, and other upper management position opportunities. L. Acknowledgement: I acknowledge that I have received a copy of this job description. I understand the Job Description, and am fully able to meet the job requirements and responsibilities. M. Signatures: Employee Signature: Date: Employee Name: Supervisor Signature: Date: Supervisor Name: New: 12/92 Revised: 10/09, 4/08, , 3/08, 4/07, 9/06 Source: Programs and Services ara4zKz94148 SANDY WEG?SAN RECORDER.. KANE COUNTY, IL RECORDED ON SPECIAL WARRANTY DEED 08/12/2005 62:44Pl1 REC FEE: 25.00 RBSPS FEE: 10.00 PAGES: 4 $$oo0t��f 4 L o This space reserved for Recorder's use only. THIS INDENTURE, made this day of August, 2005, between BOWES ROAD DEVELOPMENT LLC, a limited liability company created and existing under and by virtue of the laws of the State of Illinois and duly authorized to transact business in the State of Illinois ("Grantor") and ASSOCIATION FOR INDIVIDUAL DEVELOPMENT, an Illinois not for profit corporation ("Grantee"), whose address is 309 West New Indian Trail Court, Aurora, Illinois 60506. WITNESSETH, that Grantor, for and in consideration of the sum of TEN and 00/100 DOLLARS ($10.00) in hand paid by Grantee, the receipt whereof is hereby acknowledged and, pursuant to authority, by these presents does CONVEY, GRANT, BARGAIN and SELL unto Grantee, and to Grantee's assigns, FOREVER, all of the following described land situate in the County of Kane and State of Illinois,known as described as follows, to wit: SEE EXHIBIT "A"ATTACHED HERETO AND MADE A PART HEREOF SUBJECT TO: (1) general real estate taxes not due and payable; (2) applicable zoning and building laws and ordinances; (3) acts done or suffered by Grantee or anyone claiming by, through or under Grantee; (4) recorded utility easements, if any; (5) covenants, conditions, restrictions, easements and agreements of record; (6) Subdivision Plat for Bowes Road Subdivision recorded in the office of the Kane County Recorder; and (7) Access and Utility Easement Grant. Permanent Real Estate Index Numbers: 06-27-430-014-0000; 006-27-277-012-0000; and 06-27-430-013-0000 Chicago Title insurance Company Address of Real Estate: 1111 Bowes Road, Elgin, Illinois 60123. 1795 West State,Street Geneva. tL 6ot 34 Together with all and singular the hereditaments and appurtenances thereunto belonging, in or any way appertaining, and the reversion and reversions, remainder and 1)-S N:ICLIENTSt1427-39\SaIe Bowes Rd.Prop\SpeciaiWanantyfleed.doc remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim or demand whatsoever, of Grantor, either in law or equity, of, in and to the above-described premises, with the hereditaments and appurtenances: TO HAVE AND TO HOLD the said premises as above-described, with the appurtenances, unto Grantee's assigns forever. And Grantor, for itself and its successors, does covenant, promise and agree, to and with Grantee and Grantee's assigns, that Grantor has not done or suffered to be done, anything whereby the premises hereby granted are, or may be, in any manner encumbered or charged, except as herein recited; and that the said premises against all persons lawfully claiming, or to claim the same, by, through or under Grantor, Grantor WILL WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, Grantor has caused its name to be signed to these presents, the day and year first above written. BOWES ROAD DEVELOPMENT LLC, an Illinois limited liability company By: Missner Opportunity Fund I,L.L.C.,an Illinois limited liability company Its Member By: Missner Group Asset Management Company, L.L.C., an Illinois limited liability company Exempt under provisions of Paragraph Section¢, Its a r Real Estate Transfer Tax Act. g/r c 105 b L Date Buyer,Sell or Rep sentative f Title: Manager CITY;OF ELC N REAL ESTATE TRANSFER STAMP 35493 2 N:\CLIENTS1I427-39\Sale Bowes Rd.Prop\SpecialWarrantyDeed.doc 7 STATE OF ILLINOIS ) ) SS. COUNTY OF ( oo _) I, the undersigned, a Notary Public, in and for said County and State aforesaid DO HEREBY CERTIFY that o.xrc.. , personally known to be the Manager of Missner Group Asset-Management Company, L.L.C., the Manager of the Member of Bowes Road Development LLC, and personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that as such, he signed and delivered the said instrument, pursuant to authority given, as his free and voluntary act and as the free and voluntary act and deed of said Company for the uses and purposes therein set forth. Given under my hand and official seal this 8 day of August , 2005. "OFF A ! `. r A L Nat“r .. lamas N Public MY C:. -1/2007 Prepared By: Gregory A.Thorpe, Esq. Kubasiak,Fylstra, Reizen&Rotunno,P.C. 20 South Clark Street 29th Floor Chicago,Illinois 60603 Mail To: Mark Shea, Esq. Robert E. Nelson Law Office 30 South Stolp Avenue,Suite 402 Aurora,Illinois 60506 Name and Address of Taxpayer: Association for Individual Development 1 t I BUR. i 3oR W. tJ AJ ,wolait -rREtiL cr. Elgus,Ills xu 60123- ,4L AortA, +L. 605o4. 3 N:\CLIENCS\1427-39\Sale Bowes Rd.Prop\SpccialWarrantyDeed.doc Exhibit A Legal Description LOT 1 IN BOWES ROAD SUBDIVISION, A RESUBDIVISION OF A PORTION OF THE FOX BLUF!? CORPORATE CENTER SUBDIVISION, BEING A SUBDIVISION OF PART OF THE NORTHWEST 1/4 OF SECTION 27, TOWNSHIP 41 NORTH, RANGE 8 EAST O THE THIRD PRINCIPAL MERIDIAN, ACCORDIN TQ THE PLAT THEREOF RECORDED AUGUST , 2005 AS DOCUMENT NUMBER 2005K , IN BANE COUNTY, ILLINOIS. • • It CLEM-SPIV-39 Sale Bowes Rd.Pmp1SpeciulW a ntyDetd.doc EXHIBIT B ASSURANCES The SUB-RECIPIENT hereby warrants and represents that it will comply with the regulations, policies, guidelines and requirements with respect to the acceptance and use of CDBG funds in accordance with the ACT and the City of Elgin policies. Also, the SUB-RECIPIENT certifies with respect to the grant that: 1. It possesses legal authority to make a grant submission to the CITY and to execute a community development and housing program; 2. Its governing body has duly adopted or passed as an official act, a resolution, motion or similar action authorizing the person identified as the official representative of the SUB-RECIPIENT to execute this Agreement, all understandings and assurances contained herein, and directing the authorization of the person identified as the official representative of the SUB-RECIPIENT to act in connection with the execution of this Agreement and to provide such additional information as may be required. 3. Prior to submission of its application to the City,the SUB-RECIPIENT has: (A) Met the citizen participation requirements of 570.301(b)and has provided citizens with: (1) The estimate of the amount of CDBG funds proposed to be used for activities that will benefit persons of low and moderate income; and (2) Its plan for minimizing displacement of persons as a result of activities assisted with CDBG funds and to assist persons actually displaced as a result of such activities; (B) Prepared its application in accordance with the policies of the City of Elgin and made the application available to the public; 4. The grant will be conducted and administered in compliance with: (A) Title VI of the Civil Rights Act of 1964(Pub. L. 88-352 42 U.S.C. Sec 2000d et seq.) and implementing regulations issued at 24 CFR Part I; (B) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-208), as amended; and that the SUBGRANTEE will administer all programs and activities related to housing and community development in a manner to affirmatively further fair housing; (C) Section 109 of the Housing and Community Development Act of 1974, as amended; and the regulations issued pursuant hereto; (D) Section 3 of the Housing and Urban Development Act of 1968,as amended; (E) Executive Order 11246-Equal Opportunity, as amended by Executive Orders 11375 and 12086,and implementing regulations issued at 41 CFR Chapter 60; Page 14 of 19 (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; (I) The relocation requirements of Title II and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended,and the implementing regulations at 24 CFR Part 42, as required under 24 CFR 570.606; (J) The labor standards requirements as set forth in 24 CFR Part 570, Subpart K and HUD regulations issues to implement such requirements; (K) Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 11738 relating to the prevention,control and abatement of water pollution; (L) The flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (Pub. L. 93-234); (M) The Fair Housing Act(42 U.S.C. 3601-20); 5. Its notification, inspection, testing and abatement procedures concerning lead-based paint will comply with 570.608; and 6. When a grant is in excess of$100,000 it will comply with all applicable standards, orders, or requirements issued under Section 308 of the Clean Air Act (42 U.S.C. 1857(h), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulation (40 CFR Part 15), which prohibit the use under nonexempt Federal contracts, grants or loans, of facilities included on the EPA list of Violating Facilities. The provision shall require reporting of violations to the County, HUD, and to the AESOP Assistant Administrator for Enforcement(EN-329). • 7. It has developed its application so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight; (the application may also include activities which the SUB-RECIPIENT certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); 8. It is following the current City of Elgin Consolidated Plan which has been approved by HUD pursuant to 570.306; and 9. It will not attempt to recover any capital costs of public improvements assisted in whole or in part with funds provided under Section 106 of the ACT or with amount resulting from a guarantee under Section 108 of the ACT by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a Page 15 of 19 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 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). Page 16 of 19 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. Page 17 of 19 EXHIBIT C EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION Community Development Block Grant Program City of Elgin The undersigned understands and agrees that it is a SUB-RECIPIENT of the Community Development Block Grant Program of the CITY. The undersigned also agrees there shall be no discrimination against any employee who is employed in carrying out work from the assistance received from the CITY and HUD, or against any applicant for such employment,because of race, color,religion, sex, age or national origin, including but not limited to employment, upgrading, demotion or transfer; recruitment or recruitment advertising; lay off or termination; rates of pay or other forms of compensation; and selection for training,including apprenticeship. The SUB-RECIPIENT further agrees to the following: (1) It will incorporate or cause to be incorporated into any grant contract, loan, grant insurance or guarantee involving Federally assisted construction work, or modification thereof, which is paid for in whole or in part with funds obtained from the Community Development Block Grant program,the language contained in HUD Equal Employment Opportunity Regulations at 42 CFR 130.15(b), in Executive Order 11246, as amended by Executive Orders 11375 and 12006, and implementing regulations issued in 41 CFR Chapter 60. (2) It will be bound by said equal opportunity clause with respect to its own employment practices when it participates in any Community Development Block Grant Program construction. (3) It will assist and cooperate actively with the CITY, HUD, and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations and relevant orders of the Secretary of Labor. (4) It will furnish the CITY, HUD, and the Secretary of Labor such information as they may require for the supervision of such compliance, and will otherwise assist the CITY and HUD in the discharge of primary responsibility for securing compliance. (5) It will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from or who has not demonstrated eligibility for government contracts and federally assisted construction contracts pursuant to the Executive Order. (6) It will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the Secretary of Labor,the CITY or HUD. (7) In the event that SUB-RECIPIENT fails or refuses to comply with the undertaking,the CITY, or HUD may take any or all of the following actions: cancel, terminate or suspend, in whole or in part, this grant, refrain from extending any further assistance to the SUB-RECIPIENT until satisfactory assurance of future compliance has been received; and refer the case to HUD for appropriate legal proceedings. Page 18 of 19 SUB-RECIPIENT: Association for Individual Development, Inc. 1135 Bowes Road,Elgin,Illinois 60123 BY: O6 - .. Lynn O'Sh ,Executive Director DATE: I t ATTE Page 19 of 19 El G THE CITY IN THE SUBURBS" DATE: December 14, 2012 TO: Sarosh Saher, Senior Planner FROM: Jennifer Quinton, Deputy City Clerk SUBJECT: Resolution No. 12-175 Adopted at the December 5, 2012, Council Meeting Enclosed you will find the agreement listed below. Please distribute this agreement to the other party and keep a copy for your records if you wish. If you have any questions please feel free to contact our office 847-931-5660 and we will do our best to assist you. Thank you. • Community Development Block Grant Sub-Recipient Agreement with Association for Individual Development, Inc. Ja REPORT TO MAYOR & MEMBERS OF CITY COUNCIL E LG I N THE CITY IN THE SUBURBS` AGENDA ITEM: B MEETING DATE: November 14, 2012 ITEM: Sub-Recipient Agreement with Association for Individual Development for 2011-2012 Commu- nity Development Block Grant ($53,935) OBJECTIVE: Provide federal grant funding for an Elgin-based not-for-profit organization providing services to individuals who have developmental, physical and/or mental disabilities and those in need of behavioral health services. RECOMMENDATION: Approve the Program Year 2011-2012 Community Development Block Grant Sub-Recipient Agreement with the Association for Individual Development of Elgin in the amount of $53,936 to upgrade and renovate the agency's vocational development facility by replacing the existing outdated windows, siding and roof with new energy efficient materials. BACKGROUND In May 2011, city council allocated just over $374,000 in Community Development Block Grant (CDBG) funds to seven projects. CDBG funds come from the federal government, which uses a population and community need-based formula to distribute money to local communities to provide assistance to low and moderate income persons. The city has participated in the CDBG program since 1975, receiving over$26 million in financial assistance since that time. Founded in 1969, the Association for Individual Development (AID), a not-for-profit organiza- tion, is dedicated to empowering and enriching the lives of individuals with diverse develop- mental disabilities, physical and/or mental illness and those who have suffered a trauma to achieve independence and community inclusion. AID is providing services to individuals in Kane, Kendall, DeKalb, DuPage, suburban Cook and Will Counties. All clients have access to vital, life enriching services through early intervention, developmental therapy, respite care, permanent, affordable housing, developmental and vocational training, job placement and on-the-job coaching. The organization provides services for more than 5,100 individuals and operates more than 20 programs. AID also has over 30 group homes in the counties that it serves, plus 37 individuals who live independently in the Elgin area. AID coordinates its services with its other primary partners in the area including Community Crisis Center, Ecker Center for Mental Health, PADS of Elgin and Family Services Association of Greater Elgin Area. AID requested and was awarded CDBG funds in 2001, 2005, 2006, 2008 and 2009. The organiza- tion has complied with all federal requirements of the CDBG Grant Program and the city's sub- recipient agreements for the previous years. Each year,the projects selected by city council are incorporated into an action plan, which must be approved by the Department of Housing and Urban Development (HUD). Staff submitted the city's 2011-2012 Action Plan in April 2011 (see Attachment A for a copy of the executive sum- mary of the plan). To acknowledge a 16.5 percent reduction in the federal allocation, the city submitted an amended 2011-2012 Annual Action Plan to HUD on June 29, 2012 (see Attach- ment B for a copy of the letter to HUD). The amendment was approved on August 21, 2012 (see Attachment C for a copy of the letter from HUD). Each applicant must sign an agreement with the city which outlines the applicant's obligations as a recipient of federal funds. This agreement with AID is one of the seven agreements for the 2011-2012 CDBG program year (see Attachment D for a copy of AID's agreement). OPERATIONAL ANALYSIS AID will use this $53,936 to make upgrades and renovate the agency's vocational development facility, located at 695 South State Street in Elgin, by replacing the existing outdated windows, siding and roof with new energy efficient materials. INTERESTED PERSONS CONTACTED AID was consulted during the creation of the sub-recipient agreement. FINANCIAL ANALYSIS The overall cost of the project is $61,279. The city's contribution to the project is limited to the $53,935 CDBG grant allocation. AID is funding the remaining cost of the project through other fundraising efforts. BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT#(S) AMOUNT AMOUNT BUDGETED AVAILABLE CDBG 230-0000-791.93-36 154751 $53,935 $53,935 LEGAL IMPACT None. ALTERNATIVES The city council may choose not to approve the sub-recipient agreement with AID and reallo- cate the funds to another project. NEXT STEPS 1. Execute a sub-recipient agreement with AID. 2. Monitor the bidding and construction process. 3. Process payment as approved by the agreement. 4. Complete review and monitoring of the sub-recipient's clientele file prior to closing out the project to ensure compliance with the national objectives of the program that re- quires service to low- to moderate-income persons. 5. Request and review quarterly reports from the sub-recipient. 6. Submit annual reports to HUD on the sub-recipient's activities. 7. Prepare sub-recipient files for on-site monitoring by HUD prior to closing out the pro- ject. Originators: Denise Momodu, Associate Planner Sarosh Saher, Senior Planner Marc Mylott, Community Development Director Final Review: Colleen Lavery, Chief Financial Officer William A. Cogley, Corporation Counsel/Chief Development Officer Richard G. Kozal, Assistant City Manager/Chief Operating Officer Sean R. Stegall, City Manager ATTACHMENTS A. Executive Summary of the 2011-2012 CDBG Action Plan B. Letter to HUD, dated June 29, 2012 C. Letter from HUD, dated August 21, 2012 D. Draft Sub-Recipient Agreement with Attachments Attachment A EXECUTIVE SUMMARY The City of Elgin's 2011-2012 Community Development Block Grant (CDBG) Program will receive $920,000 to assist Elgin's low- and moderate-income population. These funds will be used to address Elgin's priorities to rehabilitate affordable and special needs housing, assist public facilities, support emergency shelter facilities, and support community planning and capacity-building activities. On March 23, 2011, the Elgin City Council held the Final Public Hearing and approved nine projects for the 2011-2012 Annual Action Plan (One Year Use of Funds). These projects assist the City's low- and moderate-income population, support the ability for individuals and families to become independent and self-sufficient, and promote the City's anti-poverty strategy. Additionally, the projects support the City of Elgin's Strategic Goals to promote a safe community for people, neighborhood vitality, economic growth, quality housing, and efficient services. The projects and budgets are as follows: 1. Residential Rehabilitation Grant Program - $470,955 2. CDBG Grant Administration-$75,000 3. Northern Illinois Food Bank- $75,000 4. Senior Services Associates- $42,500 5. PADS of Elgin-$50,000 6. Association for Individual Development- $53,935 7. Community Crisis Center- $42,850 8. Well Child Center- $64,700 9. Wayside Cross Ministries-$45,060 As specified by the Outcome Performance Measurement System required by the U.S. Department of Housing and Urban Development, Office of Community Planning and Development, each project is assigned an objective that describes the project purpose and the primary outcome that results from the project. Table 1 on the following page summarizes the goals of each activity selected for 2011 CDBG funding. The selected projects are consistent with the Kane County/City of Elgin Consortium 2010-2014 Housing and Community Development Consolidated Plan. Four of the five plan priorities - Housing, Public Facilities, Homelessness and Planning and Capacity Building - will be pursued with 2011 CDBG Program funds. More specifically: Priority 1: Housing Preserve existing units throughout the area served by the Consortium. • Residential Rehabilitation Grant Program-$470,955 1 TABLE 1: PROJECT PERFORMANCE MEASURES AND OUTCOMES Consolidated Activity Funding Performance Elgin's Strategic Plan Allocation Measure' Goal Priority Residential Rehabilitation $470,955 DH-3 Quality Housing Housing Grant Program CDBG Grant Administration $75,000 EO-3 Efficient Services Public Service Northern Illinois Food Bank $75,000 SL-1 Economic Growth Public Facility Senior Services Associates $42,500 SL-1 Alive Downtown Public Facility PADS of Elgin $50,000 DH-1 Safe Community Homelessness Association for Individual $53,935 SL-3 Neighborhood Public Facility Development Vitality Community Crisis Center $42,850 DH-1 Quality Housing Public Facility Well Child Center $64,700 SL-1 Safe Community Public Facility Wayside Cross Ministries $45,060 DH-1 Safe Community Homelessness Total CDBG Funds $920,000 Suitable Living Environment(SL), Decent Housing(DH),or Economic Opportunity(EO)and the primary outcome that will result from the project[Availability/Accessibility(1),Affordability(2), or Sustainability(3)]. Priority 2: Infrastructure Provide gap financing for critical infrastructure projects. • No new CDBG activities are proposed during the 2011-2012 program year. • City funds will be used for infrastructure projects. Priority 3: Public Facilities and Public Services Support the construction, rehabilitation, and improvement of public facilities from which human services are provided. Occasionally support public services operated from public facilities when funds have not been designated for capital improvements to those facilities. • Northern Illinois Food Bank- $75,000 (public facility improvement) • Community Crisis Center-$42,850 (public facility improvement) • Senior Services Associates- $42,500 (public facility improvement) • Association for Individual Development-$53,935 (public facility improvement) • Well Child Center-$64,700 (public facility improvement) Priority 4: Homelessness Increase the availability of both emergency shelter and transitional housing services and facilities. Support the Kane County Continuum of Care in its efforts. 2 • PADS of Elgin -$50,000 • Wayside Cross Ministries- $45,060 Priority 5: Planning and Capacity Building Support community planning activities that effectively use and leverage resources. • CDBG Grant Administration - $75,000 In addition to undertaking 2011-2012 CDBG projects, Elgin will be pursuing the completion of several carryover projects in the upcoming program year. The City of Elgin has been working effectively with sub-recipients to complete outstanding projects. All following projects are currently underway or nearing completion: • Housing Authority of Elgin Elevator Renovation Project has recently submitted for final payout and the paperwork is being processed. • The Ecker Center Elevator Renovation Project has recently submitted for final payout and the paperwork is being processed. • The Community Crisis Center Tuckpointing Project is currently in the bid stage. Construction is set to begin May 1, 2011. The grant of $40,000 should be completely drawn down and all funds expended by October 31, 2011. • Association for Individual Development Group Homes Project is currently in bid stage. Construction is set to begin May 1, 2011. The grant of$39,243 should be completed this fall with all funds expended by December 1, 2011. • The Community Crisis Center Interior Remodel Project is currently waiting for the agreements to be approved by the city council. Bidding will commence in April, 2011. Construction should begin this fall. The grant of $36,850 should be completed towards the end of the year with all funds expended by January 2012. • Ecker Center Retaining Wall Project is currently waiting for the agreements to be approved by the city council. Bidding will commence in April, 2011. Construction should begin this fall. The grant of $30,838 should be completed towards the end of the year with all funds expended by January 2012. • The YWCA Roof Replacement Project is 85 percent drawn down. The contractor is waiting for the weather to clear before completing the final phase, adding a white coating to improve energy efficiency. The work is expected to be completed this spring. The final payment of$8,550 will be expended by May 2011. • NHS of the Fox Valley Foreclosure Prevention Counseling Project has recently submitted for final payout and the paperwork is being processed. • City of Elgin expended approximately$383,225 in 2009 for the Residential Rehabilitation Grant Program, funding the rehabilitation of residential properties within its jurisdiction. This money helped 46 homeowners rehabilitate their existing homes. In 2010, the City of Elgin expended approximately $844,618 for the rehabilitation of residential properties within its jurisdiction. This money helped 102 homeowners rehabilitate their 3 existing homes. The City of Elgin continues to assist homeowners from the following program years: from 2009, two single-family projects have encumbered funds and are waiting for spring to complete the work; from 2010, approximately $241,000 in funds remain to be allocated toward single-family, emergency repair, and handicap accessibility projects. Staff has recently completed a second round of applications to secure eligible property owners for this remaining amount. The following are a list of projects carried over from previous years that were drawn down or completed during the 2010-2011 program year: • Consolidated Plan Update - $9,975 • Northern Illinois Food Bank New Facility Construction- $50,000 • YWCA Roof Replacement Phase I -$46,850 • Housing Authority of Elgin Elevator Renovation Project- $840 • PADS Emergency Shelter Project- $50,000. 4 1 Attachment B II� ► Mayor David J.Kaptain City Council E [_( i ri Richard Dunne Robert Gilliam Anna C.Moeller • THE CITY IN THE SUBURBS Tish S.Powell John Prigge F.John Steffen City Manager Sean R.Stegall June 29,2012 Mr. Ray E. Willis CPD Director U.S. Department of Housing and Urban Development Community Planning and Development 77 West Jackson Blvd. Chicago, IL 60604-3507 Subject: Substantial Amendment—Annual Action Plan Fiscal Year 2011-2012 City of Elgin,IL Dear Mr. Willis: The City of Elgin is requesting an amendment to its 2011-2012 Annual Action Plan. The city received $769,123.00 in program funds from the U.S. Department of Housing and Urban Development(HUD),for the 2011-2012 CDBG program year, which amounted to a 16.5 percent. reduction from the initial program estimate. The reduction in funds requires that the annual action plan be amended. The amendment to the annual action plan requires the city to notify the public of a 30-day review period to provide an opportunity to comment on the amended plan. The 30-day public review and comment period for the proposed amendment to the 2011-2012 Community Development Block Grant Program began on March 28, 2012 and ended on April 26, 2012. The city did not receive any comments on the revised annual action plan during the 30-day public comment period. To accommodate the reduction in program funds, the following approved project has been amended: Project Name: Residential Rehabilitation Grant Program Project Description: Provide grants for the rehabilitation of housing owned and/or occupied by low-and moderate-income families. Proposed Amendment: Amend the 2011-2012 Annual Action Plan to authorize the CDBG allocation for the Residential Rehabilitation Program provided under the Community Development Block Grant. The funds will provide grants to assist low and moderate income home owners city-wide to rehabilitation the exterior of their homes. Submitting Agency: City of Elgin's Community Development Department Mr.Ray E.Willis page 2 June 29,2012 Location: City-wide activity Previous Funding Amount: $470,955 Amended Funding Amount: $320,078 If your staff has any questions or need additional information, please have them contact Sarosh Saher,Senior Planner at(847) 931-5943. Sincerely, S R. Stegall City Manager Attachment: Public Notice to amend the 2011-2012 Annual Action Plan PAGE 4 ski-ethos non agg,ui, tirra4eut1Y,M3eratett31r • anal . 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SdnwL legal a sssiatamx,govemmorrinterventr n - - ` ` y r and conflfercwdutre services- I J o_o2�lLc 'Ike orgamixteeu,headquartered j , e.gjiutocetGt AN _ '•.-- r Elgin served needy 6,200 Individuals sir rdl • _. — -.:-----�•`' '���Taxes in 1912 in 2011 with the.help of more than 700 .t( _ - • - . costumiers who donated ever Ifl,mO .�:.aa`ivi---: wuyavea.Kiel GaGiwaf 1 hours. - . comas .,1 J fiamN•ge toakearc'dal needs wiith- •Ao a ems.Arco gwvnmoot unvdoes international bander,President and CEO Joseph Slawek,tanner,and IR Pima" out the area Medea(of taco- are en end more people are In real It Tomya Hubbartt present Administer Justien's Enaction Director bum Shore with a Or futon.CLFrnally,ftmighe rhoi tfee0 I - I.cdtial that a tyro...,chnitable mg. eherkta$i 0,000 at FONA's Worldwide headquarters no sE Charles be rare today,but in 1912, As for hemming irwelved Motion mist to mid op fir cendnarahk .. Elgin fm/whip offices en- in palm.little Interest'we Amcrium.Our pledge of luedce for all a promise and we deepdy appreciate their make a difference in the fight for portice tarrmet that there would be shown in the town Trip races t mean eenocehing to the poor and w pporo"-Soon.aid. for all call(847)814-1100 or e-o r area, ro fanlaty for the year. with doe entire Republican -needy.FON/.is helping make our pledge To team more about how yen can edmbdsvp stimmg. 'Rase is sufficient income slate runnirgumrppaoed. Auditions • with.weld polities and the Svdroy,and the Racquet Club. deterioration of Rnsda.He k Mitten Kid y:Wok of Mr. the ballet Wmrcmr of fame 1C by,mother of Tony.Shea Tor _tlthrttmrailfou en Apn117.Vote Vow school give hersfp.tdomenriunhasas bytlreeornoickioof her fam- mwre that she is untalemed an earemely. prim and proper fyyehr�anile -cf Icerfomuing Ana,b north o )ear hem made of rh.moire dy M1rn abn bar Tony and loin a1 ewsdtrg.lsn Wrowa that she the and o hoth eeS boy To nkelhe foot leef o V see east of Mute 25 and north of of theca of retain member Pa•Wilbur C. house mews dancing n Joe ktery the b'houserm M the to ea- t�admstardnm,dxFmValky Rahe6f. of the household engaged in •Wilbur HunekosacM mocking with her.He gum room household Her hobbyk ... can be a great place to step off. Rerbeareds been Sunday, the manufacture of fireworks; employee oftlreIRS.Hemmer Pons society,and a interested apdmaava - The followbg audition:have May 6 with a eat meeting at .nor of the printing pro set to collect the tan money owed in world affairs Ha is epidoo- •Gown I,Golan 2(Jim), b0000et 330 p.m.ReMarsak Blithe get- up in the potion nor of Ba by Grandpa,and cant under- wed and often loudly dedones (:man 3(Mac):'Biros agents pally Monday through Thum- Ore maid and be(nerd Doe- stand why the loner wont pay that aomethinrofinleet who tome to investigate Ed King Star •Thpatreveste day evenings from 710 10 pm. old nor ofGrandpa's inasvrw iecometan •Cry Wellington An actress beans of the mrnaiaaisl {Lrrent high reboot and col-. Tuition is$25n and includes with the tax maeector when be •TtuyKorby.FidroofAbat whom Ma.Sycamore omen things he prints up,each as lege-age students are invited'as ticketd aifd aTwhirt Partial tell him he doesn't believe in .son of Mr.and Mrs Kelly.He on a ha and invites home to God idle Stara-the Stec is toaudition for Rising Star sdwhrships are available. the income err, wet hoot wen though the read one of her plays.Shea an God'. , 'f lnavoaks'lure 2012 pro- Rising Star a also lookim Paatiapantsrvdi creed to arm Sycamores appear odd they alcoholic ma very dank and •'the Grand Duchess Olga . ductile of-Legally Blonde, fora Cltiltuahuaorsmllardog pare a momokigue doe will arc really the',coke Kann- passer out shonlya0aarriving Katrina She reel one of the The h etnicar on Mardi 30, and a luildn„in appear In the show your ability.Comedy is.Py because they(dve and ore at thrSyranuac shmuc .Grand Duchesses of Rot5- AprIl6-7,at Vote Voce Selaol show-Byou have a gentle dog preferred but not remot 1. about seer*diet.11.6 own •Mdi P.Kbbp Husband sit bdore the Revolution Sho . . of Performing Are,951 Sath comfortable with people and Also.if you are cast.Prate will family is wry pager and Isar of Me.Katy,Cube of Tony. loins to eralkas/hobby. Ave.SuiteFin SL Clarks. activity,call(630)537SPAR be no charge scripts will be many issues none nl them ME He is a very proper mon who They also nod men fed Rasing Star Theaoelwtils or email prodrrooc ibis star- bee and You will be given erne admit Ile is ton mato mate: is president of Kerby and Co. women to help with me tech- will be erne of the float cam- th air neg. aotrp ticket to du show.moo ehatacia intheplay. and secretly despises his lob. nail support and ushering paniea in Illinois re eregn Shaw dates are lune 22-24 is the moth of n grant for this •Boris Koh:aklreur A War- His hobby is Mang rnt00efw CooacaHerb at(847)695-1316 1rgaly Blonde:The Min- at the Batavia Arc Arts Cm- alumniy. stun who mewed to America orchids.He kako smardeae of mhgron@poboecom. cal'Sorority girl and under- Ire,1201 Main St,Batavia.Prot lite eat rlarlrd en e men,7 shnnly'odote the Rsoria0 Rev- del-Meant Society,tihe Union For tkmilk Wait www.dyM- meowed blonde Dee Woods fefraamhaeas,aril the WE het- -wmmee,phoseara asf funs.: Mullen.Ile Is vrty.00retimed CWb,the MaiorelGerograpteie drraoxorg. doesn't take no for an gnawer. line at(Ai0)F.37,eTAT1 vial •Penelope Syramare a the . So'den her boyfriend War- www.rieagsattheure-of8, or mother of thole and Aloe wfk: nth,doaegrr her fir wmaesne find rat on Faocbeok at Rising of Paul and daughter of Mar- _ armor,Elk pull dam the SmoTeos wwrks(Ilknne).. ale Sarawrfrnsplays and paints PUBLIC NOTICE credit card,Idea the books, s bobbies because it makes c�� • end beads for Hamad taw Elgin Theatre Company:The he happy..but Io length at E LG 1 N . '. . School. Bard on the"hit Elgin Theatre Cosopnay'will bah Penny a a loving mother r..n vvrw rnnvkr of the same name sire- hold audiafau tor"Ice Cant and wife Her main goal ism - CiTY OF ELGIN .ring Reran Wrtheepaon,this Taken with Yoe from 6 m 6 make.tire everyone a happy, a DEVELOPMENT BLOCK GRANT PROGRAM singing dancing musical p.m:Sunday.April 1,and 7 b pnr0ailayhe daughter Mice. COMMUNITY comedy became an award- s p.m.Mondays April In the-.sheet a main steer.... - ,einnfngfreadweysrnatnn. fourth Boot of the Rkkr t • &tie farmddr.ab Wde AMENDMENT TO THE 2011-2012 ANNUAL ACTION PLAN me-is an ensemble show ter d Elgin Academy,Kimball f Rd,daughter d penny and with nanny famrod per- street end Ao.davy Plaare he Pouf Syaanore Granddargh- The City of Elgin is proposing to amend the 2011-2012 Annual Action _ - formers. To audition Pic. Elgin Ernes upper doer re n(Menlo,dour of Alice. Plan. The city received$769,123.00 in program funds from the U.S. pave 16 ban of a comical thc- finical Rwrt)areriala:den.tor STa a clddish.Asa hobby . am at pop song in the style orstatntofoutrh flour. • sin maims candy that Ed wRc Department of Housing and Urban Development(HUD),for the 2011- o('Wicked.'"Hairspray'no Visit Elgin-Tbeehooag foe Fssio dramei cat trine.h4,- 2012 CDBG program year,which amounted to a 16.5 percent reduction 'Rent.'Bing sheer mode in mapardPakaigh""clien' rma.bulkatonbledanoa. from the Initial program estimate. The reduction in funds requires that your key-Anae:rnmpentsrwill 'the perfennancr2 will tee •Iihdla:ThcAfncan-Amen- he pvddetL June No a mppella ne 15-17,'22-M,bap and carrmaid and cook the Syc- the m annual action plan be amended. dogleg or barkug Irides will July 1 It tote directed by Leda emote family.She is treated be permitted. He prepared Collins. atmner aka a pan of tit,family. The amendment to the annual action plan requires the city to notify the d tam end perform a anon At Ma date*caning seem .headed gDoald. public of a 30-day review period to provide an opportunity to comment dada reed„.Dteea to m dea ove ma t h fa rot king hekad, •Pail sour e expos ofand wear etym/jav shoes we make that ifthrymemad, f c nod Ake husband of on the amended plan.To accommodate the reduction in program funds, for the dance portiere of die tho motet dretwrid is madder. Peony,mar-tn•law of Martin. the following approved protect is proposed to be amended: audition.M audition apple. In contrast to these delightful He Is a Arnhem who maim tatnn "loci'I''''"tdur- PahPl'are drat mthappy IQ' (.camas v hrmmkc th the bat'+ Project Name: Residential Rehabilitation Grant Program seer breakdown and miss lye.rite.pint aheawt haw Tony, true with the help DIM easit m inkrtatnn atomtha Mow attractive young son of the tent Mr.DePiuma. Project Desertption:Provide grants for the rehabilitation of housing am available online at www. Ksbya,ass in Me with AIM - •Mr.D:Rom iceman owned and/or occupied by low-and moderate-income families. _ oener rthatm.org. 81 Sycamac end hugs ha Par- what came inside to apevk m Proposed Amendment Amend the 2011-2D12 Annual Action Plan to c0rnplcled fame and a on mate dine at we Sycamore Pout efgbf yaws before srd P hzdsbei to*editions. hone on the wrong evening never left.l le helps Mr.Sr. authorize the COG allocation for the Residential Rehabilitation Program Director and vocal director The shock sustained by the AMMC build fireworks, red provided under the Community Development Block Grant. The funds I"•IrgolyDkma:T drMaii- IchMys,what are nwhed m of moankghe ass moot to)4a. will provide grants to assist low and moderate income home owners or will be is Dawn I Iarkins, chap Mood shows Nice that Sycamore's minnows.He k a choregrapher is Kyle Dome montage with'forty is out of nutty guy. city-wide to rehabilitation the exterior of their hordes. hue and awls dhecwr k lee the motion.The Seoenorn, • Men Sycamore Fen Submitting Agency:City of Elg(n'sCortlmunftyDevelopment Department Blemrquot however:Oho*sympathetic am of Tony Kufy,daughter of Location:City-wide ectMly Auditions will be from 7 to to Akre And to bard to real- Paul and Penury,grandde gh- - inp.m Fridays.March 30 and ice,her pone of view.Mean- to of Martin Baler of Easier Previous Funding Amount$470;955 Apnafs and Dam.toaoeoSat- rime,Tony,wire baton the She lode only'normal'fan- Amended Funding Amount$320,078 today,Apra 7.Callbacks seal Sycamores an:right and hit lye member.She has an office follow the"'"‘leg ardttlons coca penpk wrong,will not )+do.and is ratan e'''6''.mend The.30-clay public review and comment period for the proposed amendment to the 2011-2012 Community Development Block Grant GOLFGOLF CLUB OF [B■JMo1e Program begins March 28,2012 and ends April 26,2012.Al comments LFM ■i�a B/ aw>D must be received by the City of Elgirn's Community Development • JOHI US FOR Department before the end of the 30-day comment period Comments In writng, this review . . - — _ may be period to: C ityydof Elgin bCommun e-mail ity Development phone t�Department, cna gpagpe omen awuk T. male:-s3s a& r Twe semen aer=eatfooa 150 Dexter Ctxm,Elgin,Illinois,60120,Attn:Denise Momodu,Associate snnaarntet,eaSoa2 CnaarenAdmI P iinsnemsvia:7hpa . Planner,(847)931-6103,rnomodu_dOcityofelgln.arg, .- smtien ill oatsen smtan. cniiarpn 3 and under Fire 2012 ornr.mw,"e FRIDAY if iGHT The City of Edgin is subject to the requirements of the Americans with Golf Memberships Sgo FISEI FRY Disabilities Act of 1990. Individuals with disabilities who plan to attend cm NOW Available this meeting and who require certain accommodations in order to Serving s-epm through hey 'ye•..�� allow them to observe and/or participate in the meeting,or who have #:'} CALL for Details \ questions regarding the accessibility of the meeting or the facilities,we }'r+ B47-631n4400 requested to contact the ADA Ceadnamr at(847)931-5620 or TDD "- ' 't' Golf Club of iIlihots (847)931-5816 promptly to allow the City of Elgin to make reasonable 157S Edgewood Dr.Algonquin,IL 60102 accommodations for those persons - www golfcluboflLcom Marchh �10SS/42295899) - E LG I N PUBLIC NOTICE INTHE CITY OF ELGIN COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AMENDMENT TO THE 2011-2012 ANNUAL ACTION PLAN The City of Elgin is proposing to amend the 2011-2012 Annual Action Plan. The city received $769,123.00 in program funds from the U.S. Department of Housing and Urban Development (HUD), for the 2011-2012 CDBG program year, which amounted to a 16.5 percent reduction from the initial program estimate. The reduction in funds requires that the annual action plan be - •amended. The amendment to the annual action plan requires the city to notify the public of a 30-day review period to provide an opportunity to comment on the amended plan. To accommodate the reduction in program funds, the following approved project is proposed to be amended: Project Name: Residential Rehabilitation Grant Program Project Description: Provide grants for the rehabilitation of housing owned and/or occupied by low- and moderate-income families. Proposed Amendment: Amend the 2011-2012 Annual Action Plan to authorize the CDBG allocation for the Residential Rehabilitation Program provided under the Community Development Block Grant. The funds will provide grants to assist low and moderate income home owners city-wide to rehabilitation the exterior of their homes. Submitting Agency: City.of Elgin's Community Development Department Location: City-wide activity Previous Funding Amount: $470,955 Amended Funding Amount: $320,078 The 30-day public review and comment period for the proposed amendment to the 2011-2012 Community Development Block Grant Program-begins March 28, 2012 and ends April 26, 2012. All comments must be received by the City of Elgin's Community Development Department before the end of the 30-day comment period. Comments maybe submitted in writing,by e-mail or by phone during this review period to: City of Elgin, Community Development Department, 150 Dexter Court, Elgin, Illinois, 60120, Attn: Denise Momodu, Associate Planner, (847) 931- 6103,momodu d@cityo fel gin_org. The City of Elgin is subject to the requirements of the Americans with Disabilities Act of 1990. Individuals with disabilities who plan to attend this meeting and who require certain accommodations in order to allow them to observe and/or participate in the meeting, or who have questions regarding the accessibility of the meeting or the facilities, are requested to contact the ADA Coordinator at(847) 931-5620 or TDD (847) 931-5616 promptly to allow the City of Elgin to make reasonable accommodations for those persons. Attachment C +' 'P�MiNfUp o' +I N U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Co I I j Chicago Regional Office \No,of 77 W.Jackson Blvd. Chicago,Illinois 60604-3507 OFFICE OF COMMUNITY PLANNING;&DEVELOPMENT AUG 212012 - d � Honorable David J. Kaptain AUG 2 1 2012 Mayor,City of Elgin - --J ATTN: Amy Munro, By Historic Preservation& Grants Planner 150 Dexter Court Elgin, IL 60120 Dear Mayor Kaptain: SUBJECT: Substantial Amendment-Annual Action Plan Fiscal Year 2011-2012 City of Elgin, IL The HUD Office of Community Planning and Development(CPD)acknowledge the letter and several documents regarding the Amended City of Elgin's Annual Action Plan(AAP)for Fiscal Year(FY)2011-2012. The Substantial Amendment was necessary to incorporate supplemental information because of a 16.5 percent reduction from the initial program estimate. According to the City's citizen participation plan a substantial amendment is necessary because the reduction in funds requires that the Annual Action Plan be amended. The Amendment has been determined to be substantial in accordance with the regulatory guidelines as stipulated in 24 CFR 91.505 Amendments to the Consolidated Plan(a)Amendments to the plan. The jurisdiction shall amend its approved plan whenever...(1) To make a change in the allocation priorities...(2) To carry out an activity...not previously described in the action plan...(3) To change the purpose, scope or location...(b) Criteria for substantial amendment. The jurisdiction shall identify...what constitutes a substantial amendment... City staff has identified changes that need to be made to the Community Development Block Grant(CDBG)Program referenced in the Fiscal Year 2011-2012 Annual Action Plan. Changes were required in the FY 2011-2012 Annual Action Plan to more accurately reflect the programs and funding amounts that are addressed in the plan and to ensure that carryover funding is expended in a timely manner. It has also been emphasized that the proposed amendments to the Annual Action Plan will not change the total amount offunding available but only reallocates CDBG funds in accordance with the changes since 2011.. HUD acknowledges the City's amendment. • 2 We ask that the City of Elgin provide a thorough progress report regarding the Amended Annual Action Plan in its upcoming Consolidated Annual Performance and Evaluation Report (CAPER). Should you have any questions pertaining to this letter,please contact Community Planning and Development Representative Amy Hudson at(312)913-8726. Sincerely, ix! Ray E. Willis Director Attachment D AGREEMENT BETWEEN THE CITY OF ELGIN AND ASSOCIATION FOR INDIVIDUAL DEVELOPMENT,INC This AGREEMENT is entered into as of the day of ,2012,by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter called "GRANTEE" or "CITY") and the ASSOCIATION FOR INDIVIDUAL DEVELOPMENT, 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 1135 Bowes Road,Elgin, Illinois 60123. RECITALS A. CITY has applied for Community Development Block Grant funds (hereinafter referred to as "CDBG funds") from the United States Department of Housing and Urban Development (hereinafter called "HUD") as provided by the Housing and Community Development Act of 1974,as amended(P.L.93-383)(hereinafter called "ACT"). B. CITY has considered and approved the application of SUB-RECIPIENT for CDBG funds allotted to CITY for distribution to SUB-RECIPIENT. C. The CITY and SUB-RECIPIENT enter into this Agreement pursuant to their respective powers to enter into such agreements, as those powers are defined in the Illinois Constitution and applicable statutes. II. SCOPE OF THE PROJECT A. SUB-RECIPIENT hereby agrees to perform, in a timely fashion, the activities provided for herein, and those previously defined in the application and project description dated December 14, 2010, submitted by the SUB-RECIPIENT entitled "Bowes Road and State Street Facilities Safety and Energy Efficiency Rehabilitation", which was revised on February 11, 2011, a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference (hereinafter referred to as the "PROJECT"). The SUB- RECIPIENT was awarded a grant for Fiscal Year(FY)2011-2012. B. All funding provided to SUB-RECIPIENT shall be used solely to renovate the agency's Vocational Development and Intermittent CILA Departments, located at 695 South State Street, Elgin, Illinois, by providing more energy efficient vocational offices. About 25 low and moderate-income clients of the agency, that visits the facility weekly, will benefit from the Association's program in its 2011-2012 fiscal year. The subject building will serve 100 percent low and moderate income persons as defined by 24 CFR 570.208 (a) (2) (i) (A). Such funding shall be used only for the replacement of the existing outdated windows, siding and roof,and other costs associated with the above activities as are consistent with the scope and intent of the PROJECT and are pre-approved by CITY staff. Page 1 of 19 • 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 local newspaper and the Dodge Construction News. 3. The SUB-RECIPIENT shall include in the invitation for bids, the statement "Minorities and women contractors are encouraged to submit bids." The SUB- RECIPIENT shall purchase a 1" x 3" space in the Dodge Construction News Classified Section specifically inviting Minority Business Entity/Women Business Entity(MBE/WBE) firms to submit bids. 4. All bids will be publicly opened at the time and place prescribed in the invitation for bids. 5. The SUB-RECIPIENT shall provide the City's Community Development Department with a copy of the classified advertisement and the results from the bid opening. 6. The contract award will be awarded, in writing, to the lowest responsive and responsible bidder. Any or all bids may be rejected, if there are sound documented reasons. D. The SUB-RECIPIENT shall comply with the Federal Labor Standards and Prevailing Wage Rates as applied to the Community Development Block Grant Program in accordance with Title 29 of the Code of Federal Regulations,Part 5: 1. After the start of the described work, the SUB-RECIPIENT shall provide to the City's Community Development Department staff, weekly reports of the contractor and/or subcontractors at the job site. The SUB-RECIPIENT shall conduct employee interviews of the contractor and/or subcontractors at the job site. 2. Originals of all documents required for compliance with the Federal Labor Standards shall be supplied to the City's Community Development Department. 3. SUB-RECIPIENT shall erect a sign in a prominent place at the job site crediting the City of Elgin and HUD for funding of the PROJECT by including the following statement: "Funding for the Project has been provided, in part, by the City of Elgin from the U.S. Department of Housing and Urban Development's Community Development Block Grant Program." Page 2 of 19 E. Quarterly Progress Reports 1. The SUB-RECIPIENT shall provide a Quarterly Progress Report to the CITY each quarter, reporting on the status of the PROJECT in relation to the Project Implementation Schedule. The quarterly progress reports shall begin upon the signing of this Agreement, and be based on the CDBG program year, beginning on June 1st and ending on May 31 st of the following year. The quarterly progress report shall be submitted until the completion of the project or until directed to discontinue such reports in writing by the CITY. 2. Quarterly progress reports shall be due on the 10th day of the month following, the end of the quarter, for the previous quarter's activities. 3. The SUB-RECIPIENT shall use a form provided by the Community Development Department and shall include all required information about the number of clients served each quarter (by race, income, and the number of female headed households). F. Request for Payment 1. The SUB-RECIPIENT shall provide the City's Community Development Department, prior to the start of construction, with an itemized list of all estimated expenditures. This list(on a State of Illinois Engineer's Pay Estimate form BLR-283 or equivalent) shall show expected quantities and unit prices for each item. 2. Request for payment shall be submitted on a timely basis. Each request for payment sent to the CITY shall be accompanied by said payment estimate form signed by the SUB-RECIPIENT'S authorized representative and showing the work completed. Changes to items on the pay estimate form must be authorized, in writing, by the SUB-RECIPEINT(on a State of Illinois Request for Approval of Change in Plans Form BLR-228 or equivalent), and a copy of such authorization shall be submitted to the City's Community Development Department before payment pursuant to such changes is made. G. Prior to the expenditure of CDBG funds,the SUB-RECIPIENT shall meet with the City's Community Development Department staff to establish acceptable documentation and guidelines regarding requests for payment for the activities described in the Scope of Work. No payment of CDBG funds will be made by the CITY without the required documentation. H. SUB-RECIPIENT shall record and report monthly to the CITY all program income (as defined in 24 CFR 570.500(a)) generated by activities carried out with CDBG funds made available under this Agreement. Any such program income shall be returned to the CITY. Written request for an exception to this section must be made in writing to the CITY's Community Development Department. Such request shall describe why the SUB-RECIPIENT needs the income, the specific activities the SUB-RECIPIENT will undertake with the funds, and how the SUB-RECIPIENT will report income and expenditures to the CITY. A written response to the request will be provided to the SUB- RECIPIENT from the CITY. The use of any program income by the SUB-RECIPIENT Page 3 of 19 shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, to the extent any such income is used during the Agreement period for activities permitted under this Agreement, SUB-RECIPIENT shall reduce requests for additional funds by the amount of any such program income balances on hand. All unexpended program income shall be returned to the CITY at the end of this Agreement period. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to the CITY. III. AMOUNT AND TERMS OF GRANT 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$53,935(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. 154751 and Account No. 230-0000-791.93-36 in the amount of $53,935, 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 Association's Vocational Department, 695 State Street, Elgin, due to actions by the SUB-RECIPIENT, the SUB-RECIPIENT shall reimburse the U.S. Department of Housing and Urban Development or the CITY for project activities undertaken in whole or in part with CDBG funds at a rate of 6.7% for each year and portion of each year remaining on the ten-year useful life of the facility improvements. The ten-year compliance period shall begin on the commencement date of this Agreement. This provision shall not be construed as limiting the CITY from asserting any claims against the Association for Individual Development, for the breach of any other terms of this Agreement. D. Upon project completion as specified in Section II, Scope of the Project, any remaining CDBG project funds shall be available for reallocation by the CITY to another eligible CDBG project. If SUB-RECIPIENT materially fails to comply with any term of this award, the SUB-RECIPIENT shall repay to the CITY all funds used for ineligible activities. E. A minimum of 51 percent of the persons served on an annual basis shall be at or below 80 percent of the Median Family Income in order for the SUB-RECIPIENT to maintain eligibility for the CDBG funds provided for herein. Said income levels shall be updated and revised annually to conform to levels set by the U. S. Department of Housing and Urban Development. Failure to meet the aforementioned minimum 51 percent threshold shall require SUB-RECIPIENT to reimburse the CITY for funds expended,in whole or in part, for project activities. F. Changes in the scope of services, budget, or method of compensation contained in this Agreement, unless otherwise noted, may only be made through a written amendment to this Agreement,executed by the SUB-RECIPIENT and CITY. Page 4 of 19 IV. SUB-RECIPIENT'S COMPLIANCE WITH THE ACT A. CITY shall assist SUB-RECIPIENT'S making application for CDBG funds. B. SUB-RECIPIENT shall abide by the ACT, and all HUD rules and regulations promulgated to implement the ACT. C. SUB-RECIPIENT shall, upon request of CITY, (1) assist in the completion of an environmental review and (2) complete certifications showing equal employment opportunity compliance including equal employment opportunity certification with reference to the PROJECT, as set forth in Exhibit "C" attached hereto and made a part hereof. D. SUB-RECIPIENT, in performing under this Agreement, shall: 1. Not discriminate against any worker, employee, or applicant, or any member of the public, because of race, creed, color, sex, age or national origin, nor otherwise commit an unfair employment practice;and 2. Take affirmative action to insure that applicants are employed without regard to race, creed, color, sex, age or national origin, with such affirmative action in- cluding, but not limited to the following: Employment, upgrading, demotion or transfer, termination, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, including apprenticeship. E. SUB-RECIPIENT shall permit CITY and HUD to conduct on-site reviews, examine personnel and employment records and to conduct any other procedures or practices to assure compliance with the provisions of this Agreement. SUB-RECIPIENT agrees to post in conspicuous places available to employees and applicants for employment notices setting forth the provisions of this non-discriminatory clause. F. SUB-RECIPIENT shall comply with all laws and state and federal rules and regulations, including but not limited to those regarding a direct or indirect illegal interest on the part of any employee or elected official of the SUB-RECIPIENT in the PROJECT or payments made pursuant to this Agreement. G. SUB-RECIPIENT hereby warrants and represents that neither the project, including but not limited to any funds provided pursuant thereto, nor any personnel employed in the administration of the program shall be in any way or to any extent engaged in the conduct of political activities in contravention of Chapter 15 of Title 5, United States Code, referred to as the Hatch Act. H. SUB-RECIPIENT shall maintain records to show actual time devoted and costs incurred, in relation to the PROJECT, and shall prepare and submit quarterly progress reports which describe the work already performed and anticipated during the remaining time of the PROJECT. Upon fifteen(15)days notice from the CITY, originals or certified copies of all time sheets, billings, and other documentation used in the preparation of said Page 5 of 19 progress reports shall be made available for inspection, copying, or auditing by the CITY at any time during normal business hours,at 150 Dexter Court,Elgin,Illinois. SUB-RECIPIENT shall adopt the audit requirements of the Office of Management and Budget (hereinafter "OMB") Circular A-133, "Audits of Institutions of Higher Learning and Other Non-Profit Institutions." SUB-RECIPIENT shall submit to the CITY one copy of said audit report. SUB-RECIPIENT shall permit the authorized representatives of the CITY, HUD and the Comptroller General of the United States to inspect and audit all data and reports of the SUB-RECIPIENT relating to its performance under this Agreement. J. SUB-RECIPIENT and CITY shall at all times observe and comply with Title 24 CFR Part 570 and all applicable laws, ordinances or regulations of the Federal, State, County, and local government, which may in any manner affect the performance of this Agreement. Without limiting the foregoing,the SUB-RECIPIENT shall comply with the regulations, policies, guidelines and requirements set forth in Exhibit B, attached hereto and incorporated herein by this reference. K. SUB-RECIPIENT shall transfer to the CITY any unused CDBG funds and submit all billings attributable to this Project at the time this Agreement expires. L. SUB-RECIPIENT will ensure that any real property under the SUB-RECIPIENT'S control that was acquired and/or improved in whole or in part with CDBG funds is used to meet the benefit of low and moderate income persons as defined by HUD,for a period of 10 years after the commencement of this Agreement. M. If during the 10 year period after the commencement of this Agreement, the SUB- RECIPIENT disposes of any property under the SUB-RECIPIENT'S control that was acquired and/or improved in whole or in part with CDBG funds, then the SUB- RECIPIENT will reimburse the CITY in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property in accordance with 24 CFR 570.503(b)(8)and 24 CFR 570.505. V. RIGHTS TO SUBCONTRACT A. SUB-RECIPIENT is herewith granted authority to subcontract all or any portion of the PROJECT to such engineers, architects, independent land use consultants, professional land planner, construction contractors or other entities as SUB-RECIPIENT shall deem appropriate or necessary and upon such terms as may be acceptable to SUB-RECIPIENT. B. Administration of any subcontracts by the SUB-RECIPIENT shall be in conformance with 24 CFR Part 570.200(d)(2)and Part 85.36. VI. SUB-RECIPIENT'S AUTHORIZATION TO ACCEPT PROPOSALS Page6of19 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. V I I. BILLING PROCEDURE A. Upon release of Grant Funds by HUD for the PROJECT, the CITY shall make disbursements to the SUB-RECIPIENT as either reimbursement for advances made by SUB-RECIPIENT or as advances for specific cash requirements of SUB-RECIPIENT for the PROJECT. All claims of SUB-RECIPIENT, whether for reimbursement or advancement,shall comply with the following requirements: 1. SUB-RECIPIENT shall submit a listing of all disbursements of CDBG funds, on a form provided by the CITY; 2. Any claim for advancement of CDBG funds shall be limited to an amount necessary for SUB-RECIPIENT to meet specific cash requirements for the PROJECT and shall be disbursed by SUB-RECIPIENT within three (3) working days of receipt by SUB-RECIPIENT; 3. Any request for reimbursement or advancement pertaining to work under contracts from the SUB-RECIPIENT shall include the following: a. For interim payments to contractors and subcontractors, certification that the work for which payment is requested has been performed and is in place and to the best of SUB-RECIPIENT'S knowledge, information and belief that, the quality of such work is in accordance with the contract and subcontracts, subject to: (i) any evaluation of such work as a functioning PROJECT upon substantial completion; (ii) the results of any subsequent tests permitted by the subcontract; and(iii)any defects or deficiencies not readily apparent upon inspection of the work; and b. For final payment, 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. Page 7 of 19 B. Upon submission of an acceptable claim for Grant Funds, CITY shall process such claim and shall approve such claim for payment following approval by the City's Community Development Department, for compliance with this Agreement and applicable HUD requirements. C. Except as provided for in Section IX and X herein,CITY shall pay all required payments against eligible project costs, as described in Section II.B, incurred by SUB-RECIPIENT under this Agreement. VIII. ADMINISTRATION AND REPORTING REQUIREMENTS A. SUB-RECIPIENT shall administer the Grant Funds in conformance with the regulations, policies, guidelines and requirements of OMB Circular numbers A-110, A-122, and A- 133,as they relate to the acceptance and use of federal funds for the PROJECT. B. SUB-RECIPIENT shall submit all required information to show compliance with applicable laws, rules and regulations, as specified in this Agreement and shall submit to CITY a quarterly progress report no later than the 10th day of the month following the activity being reported. SUB-RECIPIENT shall comply with all reporting and other requirements as specified in Exhibit "B" attached hereto and made a part of this Agreement. C. Relocation of Tenants SUB-RECIPIENT shall comply with the requirement under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. SUB-RECIPIENT shall maintain a separate relocation file for each displaced person/business for at least three years after the project has been completed or the person/business has received final relocation payments, whichever is later. Relocation costs must be paid to any tenant (residential or nonresidential) who occupies any building being acquired and is forced to move without cause. Waiver of rights to relocation costs can only be done by a single family homeowner. D. Management Plan and Operating Budget of the Facility SUB-RECIPIENT shall maintain, and keep current, a management plan and operating budget stating policies governing the operation of the facility and shall keep this plan and budget on file with the CITY. IX. TERMINATION OF AGREEMENT OR SUSPENSION OF PAYMENT A. During the implementation of the PROJECT, CITY may terminate this Agreement or may suspend payment of Grant Funds to SUB-RECIPIENT for SUB-RECIPIENT'S substantial breach of this Agreement, abandonment of the PROJECT or occurrence rendering impossible the performance by SUB-RECIPIENT of this Agreement. B. During the implementation of the PROJECT, the CITY may suspend payments of Grant Funds, due to use of funds in a manner unrelated to or in breach of this Agreement Page 8 of 19 • 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 funds and submit all billings attributable to this Project at the time this Agreement terminates or is suspended. X. REMEDIES A. To the fullest extent permitted by law, SUB-RECIPIENT agrees to and shall indemnify, defend and hold harmless the CITY, its officers, employees, boards and commissions from and against any and all claims, suits,judgments, costs, attorneys fees, damages or any and all other relief or liability arising out of or resulting from or through, or alleged to arise out of, any breach of this Agreement; misuse or misapplication of funds derived pursuant to this Agreement by SUB-RECIPIENT; violation of any statutes, rules and regulations, directly or indirectly, by SUB-RECIPIENT and/or any of its agents or representatives; or any negligent acts or omissions of SUB-RECIPIENT or of SUB- RECIPIENT'S officers, employees, agents or subcontractors. In the event of any action against the CITY, its officers, employees, agents, boards or commissions covered by the foregoing duty to indemnify, defend and hold harmless, such action shall be defended by legal counsel of CITY'S choosing. The provisions of this paragraph shall survive any termination and/or expiration of this Agreement. B. In the event of loss of approved Grant Funds for the PROJECT as a result of any violation or breach of this Agreement by the CITY, misuse or misapplication of funds received from HUD unrelated to the PROJECT, or any violation of the statutes, rules and regulations of HUD, directly or indirectly, by CITY and/or any of its agents or representatives, CITY'S liability to SUB-RECIPIENT shall be limited to any funds which have previously been provided to sub-recipient pursuant to this Agreement. SUB- RECIPIENT hereby waives and releases CITY from any and all other liability pursuant to any such breach,misuse,misapplication or violation of statutes, rules or regulations. C. In the event HUD, or any other federal agency,makes any claim which would give rise to invoking the remedy provisions, as set forth in paragraph A or B of this Section X, then the CITY or SUB-RECIPIENT shall immediately notify the other party, in writing, providing the full details of the alleged violation. To the extent that any such matter is Page 9 of 19 not subject to exclusive federal jurisdiction, venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this Agreement between the CITY and SUB-RECIPIENT shall be in the Circuit Court of Kane County, Illinois. D. In addition to any remedies available to the CITY, if CITY has lost or been prevented from receiving any federal funds, other than the Grant Funds, as a result of any alleged violation of law or other breach of this Agreement by SUB-RECIPIENT, the SUB- RECIPIENT shall repay, upon demand by the CITY, such amount of Grant Funds previously disbursed or allegedly due to the SUB-RECIPIENT. XI. TIMELINESS A. Time is of the essence of this Agreement. SUB-RECIPIENT shall meet the schedule deadlines listed below. Any milestone which the SUB-RECIPIENT does not achieve within two months of the date listed will result in the SUB-RECIPIENT submitting a revised implementation schedule for approval by the City's Community Development staff. Failure to achieve these deadlines may result in the loss or reduction of grant funds at CITY's discretion. Actions Date 1. Prepare Bid Specification January 31,2013 2. Bids Solicited March 1,2013 3. Select Contractor May 1,2013 4. Construction Begins June 1,2013 5. Construction Completed December 1, 2013 B. SUB-RECIPIENT. Shall complete the PROJECT within twelve (12) months from the date of this Agreement. However, in the event of any alterations or additions or of circumstances beyond the control of SUB-RECIPIENT, which in the opinion of the Community Development Director will require additional time for completion of said expenditures, then in that case, the time of completion shall be extended by the Community Development Director by a period of time not to exceed six(6)months. C. If SUB-RECIPIENT is delayed in the completion of the PROJECT by any cause legitimately beyond its control, as determined by the CITY, such that it cannot complete the PROJECT within eighteen (18) months of the date of this Agreement, it shall immediately give written notice to the CITY of the anticipated delay, the reasons therefore and request an extension of time for completion of the PROJECT. CITY's Community Development Director shall consider any such request and shall make a recommendation to CITY's City Council as to whether in his sole discretion he considers such an extension to be reasonable and necessary, under the totality of circumstances to be required for completion of the PROJECT due to the particular circumstances. The Page 10 of 19 CITY's City Council shall act upon the extension request and recommendation of the Community Development Director and notify the SUB-RECIPIENT whether the time extension is granted or denied, and the CITY's intention to exercise the remedies available herein, including but not limited to suspension of further payments. A revised implementation schedule shall be submitted by SUB-RECIPIENT if an extension is granted by the CITY. XII. MISCELLANEOUS PROVISIONS A. AMENDMENTS -This Agreement constitutes the entire Agreement between the parties hereto. There are no other agreements, either oral or implied, between the parties hereto regarding the subject matter hereof. Any proposed change in this Agreement shall be submitted to the other party for prior approval. No modifications,additions, deletions,or the like,to this Agreement shall be effective unless and until such changes are executed, in writing,by the authorized officers of each party. B. SUBJECT TO FINANCIAL ASSISTANCE AGREEMENT - This Agreement is made subject to financial assistance agreements between the CITY and the United States Department of Housing and Urban Development, with the rights and remedies of the parties hereto being in accordance with any such agreements. C. ASSIGNMENT - Except as provided in Sections V and VI hereof, SUB-RECIPIENT shall not assign this Agreement or any part thereof and SUB-RECIPIENT shall not transfer or assign any Grant Funds or claims due or to become due hereunder, without the written approval of the CITY having first been obtained. D. ATTORNEY'S OPINION - If requested, SUB-RECIPIENT shall provide an opinion of its attorney, in a form reasonably satisfactory to the CITY, that all steps necessary to adopt this Agreement, in a manner binding upon SUB-RECIPIENT, have been taken by SUB-RECIPIENT, and that SUB-RECIPIENT is in compliance with applicable local, state and federal statues, rules and regulations for the purpose of complying with this Agreement. E. HEADINGS - The section headings of this Agreement are for convenience and reference only and in no way define, limit, or describe the scope or intent of this Agreement, and should be ignored in construing or interpreting this Agreement. F. The terms of this Agreement shall be severable. In the event any of the terms or provisions of this Agreement are deemed to be void or otherwise unenforceable for any reason,the remainder of this Agreement shall remain in full force and effect. G. This Agreement shall not be construed to create a joint venture,partnership, employment or other agency relationship between the parties hereto. H. Venue for the resolution of any disputes or the enforcement of any rights between the parties hereto arising out of or in connection with the terms and provisions of this Agreement shall be in the Circuit Court of Kane County, Illinois. Page 11 of 19 IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the dates recited below. CITY OF ELGIN,an Illinois Municipal Corporation BY: Sean R. Stegall City Manager DATE: ATTEST: Kimberly Dewis City Clerk SUB-RECIPIENT: Association for Individual Development, Inc. 1135 Bowes Road,Elgin, Illinois 60123 BY: Lynn O'Shea Executive Director DATE: ATTEST: Page 12 of 19 EXHIBIT A SUB-RECIPIENT'S CDBG APPLICATION I I Page 13 of 19 EXHIBIT B ASSURANCES The SUB-RECIPIENT hereby warrants and represents that it will comply with the regulations, policies, guidelines and requirements with respect to the acceptance and use of CDBG funds in accordance with the ACT and the City of Elgin policies. Also, the SUB-RECIPIENT certifies with respect to the grant that: 1. It possesses legal authority to make a grant submission to the CITY and to execute a community development and housing program; 2. Its governing body has duly adopted or passed as an official act, a resolution, motion or similar action authorizing the person identified as the official representative of the SUB-RECIPIENT to execute this Agreement, all understandings and assurances contained herein, and directing the authorization of the person identified as the official representative of the SUB-RECIPIENT to act in connection with the execution of this Agreement and to provide such additional information as may be required. 3. Prior to submission of its application to the City,the SUB-RECIPIENT has: (A) Met the citizen participation requirements of 570.301(b)and has provided citizens with: (1) The estimate of the amount of CDBG funds proposed to be used for activities that will benefit persons of low and moderate income;and (2) Its plan for minimizing displacement of persons as a result of activities assisted with CDBG funds and to assist persons actually displaced as a result of such activities; (B) Prepared its application in accordance with the policies of the City of Elgin and made the application available to the public; 4. The grant will be conducted and administered in compliance with: (A) Title VI of the Civil Rights Act of 1964(Pub.L. 88-352 42 U.S.C. Sec 2000d et seq.) and implementing regulations issued at 24 CFR Part I; (B) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-208), as amended; and that the SUBGRANTEE will administer all programs and activities related to housing and community development in a manner to affirmatively further fair housing; (C) Section 109 of the Housing and Community Development Act of 1974, as amended; and the regulations issued pursuant hereto; (D) Section 3 of the Housing and Urban Development Act of 1968,as amended; (E) Executive Order 11246-Equal Opportunity, as amended by Executive Orders 11375 and 12086,and implementing regulations issued at 41 CFR Chapter 60; Page 14 of 19 (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; (I) The relocation requirements of Title II and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended,and the implementing regulations at 24 CFR Part 42,as required under 24 CFR 570.606; (J) The labor standards requirements as set forth in 24 CFR Part 570, Subpart K and HUD regulations issues to implement such requirements; (K) Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 11738 relating to the prevention,control and abatement of water pollution; (L) The flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973(Pub.L.93-234); (M) The Fair Housing Act(42 U.S.C. 3601-20); 5. Its notification, inspection, testing and abatement procedures concerning lead-based paint will comply with 570.608; and 6. When a grant is in excess of$100,000 it will comply with all applicable standards, orders, or requirements issued under Section 308 of the Clean Air Act (42 U.S.C. 1857(h), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulation(40 CFR Part 15), which prohibit the use under nonexempt Federal contracts, grants or loans, of facilities included on the EPA list of Violating Facilities. The provision shall require reporting of violations to the County, HUD, and to the AESOP Assistant Administrator for Enforcement(EN-329). 7. It has developed its application so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight; (the application may also include activities which the SUB-RECIPIENT certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); 8. It is following the current City of Elgin Consolidated Plan which has been approved by HUD pursuant to 570.306; and 9. It will not attempt to recover any capital costs of public improvements assisted in whole or in part with funds provided under Section 106 of the ACT or with amount resulting from a guarantee under Section 108 of the ACT by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a Page 15 of 19 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 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). Page 16 of 19 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. Page 17 of 19 EXHIBIT C EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION Community Development Block Grant Program City of Elgin The undersigned understands and agrees that it is a SUB-RECIPIENT of the Community Development Block Grant Program of the CITY. The undersigned also agrees there shall be no discrimination against any employee who is employed in carrying out work from the assistance received from the CITY and HUD, or against any applicant for such employment, because of race, color, religion, sex, age or national origin, including but not limited to employment, upgrading, demotion or transfer; recruitment or recruitment advertising; lay off or termination;rates of pay or other forms of compensation; and selection for training, including apprenticeship. The SUB-RECIPIENT further agrees to the following: (1) It will incorporate or cause to be incorporated into any grant contract, loan, grant insurance or guarantee involving Federally assisted construction work, or modification thereof, which is paid for in whole or in part with funds obtained from the Community Development Block Grant program,the language contained in HUD Equal Employment Opportunity Regulations at 42 CFR 130.15(b), in Executive Order 11246, as amended by Executive Orders 11375 and 12006, and implementing regulations issued in 41 CFR Chapter 60. (2) It will be bound by said equal opportunity clause with respect to its own employment practices when it participates in any Community Development Block Grant Program construction. (3) It will assist and cooperate actively with the CITY, HUD, and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations and relevant orders of the Secretary of Labor. (4) It will furnish the CITY, HUD, and the Secretary of Labor such information as they may require for the supervision of such compliance, and will otherwise assist the CITY and HUD in the discharge of primary responsibility for securing compliance. (5) It will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from or who has not demonstrated eligibility for government contracts and federally assisted construction contracts pursuant to the Executive Order. (6) It will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the Secretary of Labor,the CITY or HUD. (7) In the event that SUB-RECIPIENT fails or refuses to comply with the undertaking,the CITY, or HUD may take any or all of the following actions: cancel, terminate or suspend, in whole or in part, this grant, refrain from extending any further assistance to the SUB-RECIPIENT until satisfactory assurance of future compliance has been received; and refer the case to HUD for appropriate legal proceedings. Page 18 of 19 SUB-RECIPIENT: Association for Individual Development, Inc. 1135 Bowes Road, Elgin, Illinois 60123 BY: Lynn O'Shea,Executive Director DATE: ATTEST: Page 19 of 19