HomeMy WebLinkAbout19-110-5 4► t-e-pad wi t 3
Resolution No. 19-110
RESOLUTION
APPROVING THE 2019 ANNUAL ACTION PLAN, AUTHORIZING THE EXECUTION OF
DOCUMENTS NECESSARY TO PARTICIPATE IN THE COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM, AND AUTHORIZING EXECUTION OF AN AMENDMENT
TO CDBG PROGRAM MANAGEMENT INTERGOVERNMENTAL AGREEMENT WITH
KANE COUNTY FOR PROGRAM MANAGEMENT SERVICES REGARDING THE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND THE
NEIGHBORHOOD STABILIZATION PROGRAM
WHEREAS, Title I of the Housing and Community Development Act of 1974 provides
Community Development Block Grant (CDBG) funding to units of local government for the
purpose of developing viable urban communities by providing decent housing, a suitable living
environment, and by expanding economic opportunities; and
WHEREAS,the CDBG Program is funded by the U.S. Department of Housing and Urban
Development(HUD)and is to be implemented in a manner consistent with priorities and strategies
P p
identified in a Housing and Community Development Consolidated Plan; and
WHEREAS, such a plan, coveringa five-year period including Program Years 2015
through 2019,was prepared and made available for public comment as required by the Kane-Elgin
Consortium's Citizen Participation Plan; and
WHEREAS, it is necessary to approve an Annual Action Plan for Program Year 2019 in
order for the City to qualify for an annual allocation of CDBG funds from HUD; and
WHEREAS, it is desirable to amend an intergovernmental agreement with Kane County
to provide for the proper administration and management of the City's CDBG Program (and
Neighborhood Stabilization Program) during Program Year 2019.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1.That the 2019 Annual Action Plan,including the activities listed below,is hereby
approved:
1. Southeast Area Street Improvements
The City will resurface streets,make accessibility improvements to sidewalks, and correct
minor drainage and sewer deficiencies in the Gifford Park-Southeast Area neighborhood.
CDBG Funding: $450,000.00
Agency: City of Elgin Engineering Division
2. Roof Replacement
Senior Services Associates will replace the roof on their office buildingin downtown Elgin.
p
The agency delivers an array of social services to area seniors from the facility.
CDBG Funding: $11,907.00
Agency: Senior Services Associates
3. Elgin Community Support Team
Association for Individual Development (AID) will provide intensive wrap-around
services to individuals with significant mental health challenges. This program is delivered
in collaboration with the Elgin Police Department to specifically serve individuals who are
homeless or at-risk of homelessness.
CDBG Funding: $23,020.00
Agency: Association for Individual Development
4. Homeless Outreach and Engagement
Ecker Center will provide case management services to homeless adults identified through
Elgin's FUSE initiative and other means. Services will include the collection of identifying
information, assessment of mental status, treatment planning, case
management/community support services, crisis services, and referrals for
alcohol/substance abuse treatment.
CDBG Funding: $18,391.00
Agency: Ecker Center for Mental Health
5. Day Shelter Services
PADS of Elgin will provide daytime shelter services for homeless individuals, Monday
through Friday, 9 am to 4 pm. This service will complement their existing overnight
emergency shelter.
CDBG Funding: $31,000.00
Agency: PADS of Elgin
6. Affordable Housing Fund
The Affordable Housing Fund(AHF)will leverage multiple funding sources to support the
preservation and creation of affordable housing for households with incomes at or below
80% of the area median income ($71,300 for a family of four). CDBG funds will be used
to provide gap financing for the development of affordable rental and/or home-ownership
projects funding for affordable housing activities within the City of Elgin.
CDBG Funding: $263,892.00
Agency: Kane County Office of Community Reinvestment
7. Program Administration
CDBG funds will be used to cover costs associated with the administration of the CDBG
program, and expenses associated with administration of the Continuum of Care, which
facilitates the award of state and federal funding to Elgin agencies that serve the homeless
population. Lastly, funds will also cover the cost of completing the 2020 to 2024
Consolidated Plan.
CDBG Funding: $148,950.00
Agency: Kane County Office of Community Reinvestment
2
Section 2. That the above funding awards are conditioned on each agency's compliance
with applicable HUD requirements,and satisfaction of conditions outlined in the attachment to the
report and recommendation issued to the Mayor and Members of the City Council at the
Committee of the Whole meeting of June 26, 2019.
Section 3. That Richard G. Kozal, City Manager, be and is hereby authorized and directed
to execute such applications, agreements, certifications, reports, and other documents required by
HUD, and to provide additional information and furnish such documents as may be required by
HUD,to complete the activities described in the plans approved or amended herein.
Section 4. That Richard G. Kozal, City Manager, be and is hereby authorized and directed
to execute Amendment #3 to CDBG Program Management Intergovernmental Agreement on
behalf of the City of Elgin with Kane County for program management services regarding the
Community Development Block Grant Program and the Neighborhood Stabilization Program, a
copy of which is attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: July 24, 2019
Adopted: July 24, 2019
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
3
Amendment#3 to CDBG Program Management
Intergovernmental Agreement
THIS AMENDMENT, made and entered into this 24th day of July, 2019, by and between the CITY
OF ELGIN, an Illinois municipal corporation (the "CITY"), and KANE COUNTY, a body corporate and politic
(the "COUNTY"), which are collectively known as "the Parties", modifies an Intergovernmental
Agreement (the "Agreement") entered into by the Parties for CDBG Program Management services on
July 13, 2016,and subsequently amended on November 15,2017 and July 11, 2018.
WITNESSETH:
WHEREAS, in 2016, the CITY determined it to be in its best interest to obtain program
management services from the COUNTY for implementation of its Community Development Block Grant
(CDBG) Program and Neighborhood Stabilization Program (NSP);and
WHEREAS, the Parties entered into an Intergovernmental Agreement under which the CITY
purchased said services from the COUNTY during Program Year 2016 (June 1, 2016 to May 31, 2017);
and
WHEREAS, Paragraph 6 of said Agreement stipulates it will automatically renew for subsequent
one-year periods on June 1, provided that the CITY is awarded an annual formula allocation of CDBG
funds by the U.S. Department of Housing and Urban Development for the new Program Year beginning
on June 1, and a budget for program management services to be provided during the new Program Year
is approved by the CITY as part of its Annual Action Plan; and
WHEREAS, under said paragraph, the Agreement was renewed for Program Years 2017 and
2018,and the Parties amended the Agreement to make certain changes regarding the budget and scope
of services;and
WHEREAS, the CITY has been awarded an annual formula allocation of CDBG funds for Program
Year 2019 (June 1, 2019 to May 31, 2020), and a budget for program management services to be
provided during Program Year 2019 was approved by the CITY as part of its Annual Action Plan for
Program Year 2019; and
WHEREAS,the Agreement, therefore, was automatically renewed for Program Year 2019, but it
is necessary to amend the Agreement to make certain changes regarding the budget and scope of
services to be provided during Program Year 2019;and
WHEREAS, Paragraph 18 of the Agreement stipulates that it may be amended provided that
such amendments are in writing and duly executed by the Parties.
NOW, THEREFORE, upon the consideration of the mutual promises contained herein and upon
the further consideration of the recitals hereinabove set forth, it is hereby agreed between the CITY and
COUNTY to amend certain portions of the Agreement as follows:
1
Paragraph 4, "Payments to the County," Subparagraphs A and B, shall be replaced with the
following:
A. The CITY shall make periodic payments to the COUNTY for program management
services provided under this Agreement according to the budget established in
Attachment B, "Budget for Program Year 2019 Services — Elgin CDBG Program
Management Services."
B. The total of all payments made by the CITY to the COUNTY for program management
services provided under this Agreement shall not exceed $124,650.00 unless
modifications to the SERVICES are authorized in writing by the CITY and COUNTY by way
of written amendment to this Agreement.
II. Attachment A, "Scope of Services," shall be replaced with Amended Attachment A, "Scope of
Services,"which is attached to this Amendment.
III. Attachment B, "Budget for Program Year 2018 Services — Elgin CDBG Program Management
Services," shall be replaced with Amended Attachment B, "Budget for Program Year 2019
Services—Elgin CDBG Program Management Services,"which is attached to this Amendment.
IN WITNESS WHEREOF, the undersigned Parties have caused this Amendment to be executed by their
duly designated officials.
CITY OF ELGIN,a municipal corporation
By: / Date: July 24, 2019
Richard Kozal, City Manag r
Atte
City Clerk
COUNTY OF KANE,a body politic in the State of Illinois
By: ./ ,il4h A Date: JUL 2 4 2019
S . t Berger, Director
Office of Community Reinves nt
F:\Legal Dept\Agreement\Intergovernmental Agr-Elgin CDBG Program Management Services 2019-7-1I-19.docx
2
AMENDED ATTACHMENT A
SCOPE OF SERVICES
The Kane County Office of Community Reinvestment will provide the following program and
project management services to support the City of Elgin's Community Development Block Grant
Program:
Determination of Activity Eligibility and Project Readiness
• Provide written report with supporting documentation for each project to document
compliance with HUD's activity eligibility and national objective criteria.
• Provide written report documenting project readiness and verifying that funding sources are
secured and projects are ready to proceed.
Annual Action Plan Prep./Amendment Prep.
• Prepare plan narratives.
• Enter plan narratives and projects/activities into HUD's IDIS System.
• Public comment period/public hearing.
o Draft public notice for publication.
o Conduct public hearing(within the City of Elgin).
o Prepare summary of comments received during comment period and hearing for review
by Elgin.
• Plan submittal:
o Incorporate public comments/responses and submit with Kane-Elgin Consortium plans
in IDIS.
o Provide hard and electronic copies of final plan for Elgin's records/use.
• Prepare amendment(s)to any current or prior-year Action Plan(s)as requested by Elgin.
Environmental Review
• Prepare individual Environmental Review Records for all CDBG-funded activities for review and
signature by Elgin's Certifying Official.
• Prepare/publish required notices (if necessary).
• Prepare RROF/FONSI forms for review/signature by Elgin's Certifying Official and submittal to
HUD(if necessary).
• Obtain release of funds from HUD (if necessary).
• Enter/upload all required information/documents into HEROS systems as required by HUD.
Project Management/Oversight
Includes oversight of both new and prior-year CDBG activities through project close-out and final file
review to ensure project records are complete and ready for future audits and/or monitorings.
• Prepare funding agreements.
• Set up all activities in IDIS.
• Conduct project kick-off/orientation meeting to ensure smooth project launch/completion.
• Assist with procurement/bidding processes to confirm compliance with HUD standards.
• Confirm/document that the selected contractors (and subs) are not debarred.
• Ensure compliance with Federal Labor Standards/Davis-Bacon, including collection of certified
payroll records from contractors (and subs),and conducting/documenting job site interviews.
3
• Collect and maintain documentation of activity accomplishments and beneficiary info, including
quarterly performance reports. Update accomplishments in IDIS on a quarterly basis per HUD
sta ndards.
• Monitor projects (both while underway and at completion).
• Collect and review annual agency audits to confirm compliance with OMB standards. Follow up
on any findings/deficiencies that are of concern.
• Enter completion data/info and closeout projects in IDIS.
• Preparation of project files/records:
o Provide Elgin with complete and organized file for each project (in both hard and
electronic formats)to document compliance with all Federal requirements.
• Meet with representatives from Elgin's external auditing firm (Sikich) to provide
information/documentation and assist with the city's annual single audit.
• Meet with HUD staff to provide information/documentation and assist with monitoring visits.
Field follow-up questions and prepare draft written responses for Elgin's review/submittal to
HUD.
Housing Rehabilitation Services
• Subcontract with Community Contacts to provide housing rehabilitation assistance to Elgin
homeowners consistent with the County's program under the following parameters:
o Homeowner Eligibility: Applicants must be at least eighteen (18) years of age, and their
total household income must be at/below 80% of Area Median Income (as updated and
published annually by HUD). Applicants must own and occupy the property as their
principal residence and be current with the payment of their mortgage, property taxes,
and homeowner's insurance premium.
o Property Type(s): Properties must be lawful, single-family dwellings free of all liens and
located in the City of Elgin.
o Amount of Assistance/Household: Up to $15,000 for housing rehabilitation work and up
to $10,000 for lead hazard control work, for a combined maximum of $25,000/
household. All assistance shall be provided in the form of a grant. Community Contacts
shall be eligible to receive a project delivery fee.
• Oversee and monitor the following tasks to be performed by Community Contacts:
o Receipt and processing of applications to identify eligible households. (All applications
currently under review/processing by Elgin's Community Development Department will
be given priority status ahead of any new applications.)
o Assessment of the physical condition of homes determined eligible for the program.
o Preparation of a scope of work and specifications for each housing unit to be
rehabilitated along with a cost estimate for the work.
o Procurement of contractor services through competitive bidding to a pre-qualified list of
contractors.
o Execution of agreements and other documents necessary for homeowners to
participate in the program.
o Inspection of work performed by contractors to ensure satisfactory completion,
including compliance with lead-based paint requirements.
• Pay Community Contacts directly and submit reimbursement requests to Elgin.
• Maintain project files and beneficiary data for reporting/tracking purposes.
4
Neighborhood Stabilization Program
• Prepare/submit outstanding and future quarterly reports in HUD's DRGR System.
• Other work associated with closing out Elgin's Neighborhood Stabilization Program.
Financial Recordkeeping/Payment Processing/Reporting
• Review/approve project invoices/requests for payment.
• Submit invoices/requests for payment to the city's Finance Department for processing.
o If requested by city, assist with IDIS drawdown process to ensure prompt
reimbursement from HUD.
• If requested by Elgin, review financial records and quarterly financial reports (SF-425).
• Maintain records/backup documentation to support the city's financial records. Make same
available for preparation of the city's annual single audit and HUD monitoring.
o Prepare corrective action plans and narrative responses necessary to address
deficiencies identified in program audits/monitoring visits.
• Prepare and submit other compliance reports.
o Contract and Subcontract Activity Reports (HUD-2516)
o Semi-annual Labor Standards Enforcement Reports(HUD-4710)
o Section 3 Summary Report
o FFATA Subaward Reporting
Consolidated Annual Performance Evaluation Report(CAPER)
• Prepare written accomplishment narratives.
• Enter all required info/data in HUD's IDIS System.
• Public comment period:
o Draft public notice for publication.
o Prepare summary of comments received during comment period for city.
• Report submittal:
o Incorporate public comments/responses and submit with Kane-Elgin Consortium CAPER
in IDIS.
o Provide hard and electronic copies of final report for city records/use.
Application Process
• Conduct application process for projects sponsored by external entities.
• Provide bound (and electronic) packet for review by city administration and City Council,
including:
o Staff reports/evaluations/recommendations;and
o Budget worksheet to aid in the allocation process.
5
AMENDED ATTACHMENT B
BUDGET FOR PROGRAM YEAR 2019 SERVICES'—
ELGIN CDBG PROGRAM MANAGEMENT SERVICES
Elgin CDBG Program Management Services
Expense Amount
1. Program Staff Support $115,306.002
2. Operating Expenses $9,344.00
Not-to-Exceed Total for PY2019 $124,650.00
1 NOTE: Program Year 2019 Program Management Services also includes the administration and
management of outstanding funds that were allocated to Elgin but were unexpended in prior Program
Years.
2 Program Staff Support shall be paid to the COUNTY based upon the number of hours of work provided
under this Agreement.
The total amount paid to the COUNTY shall not exceed the amount set forth above.
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14MencdLi-err(-
Resolution No. 19-110— Ie.
RESOLUTION
APPROVING THE 2019 ANNUAL ACTION PLAN, AUTHORIZING THE EXECUTION OF'
DOCUMENTS NECESSARY TO PARTICIPATE IN THE COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM, AND AUTHORIZING EXECUTION OF AN AMENDMENT
TO CDBG PROGRAM MANAGEMENT INTERGOVERNMENTAL AGREEMENT WITH
KANE COUNTY FOR PROGRAM MANAGEMENT SERVICES REGARDING THE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND THE
NEIGHBORHOOD STABILIZATION PROGRAM
WHEREAS, Title I of the Housing and Community Development Act of 1974 provides
Community Development Block Grant (CDBG) funding to units of local government for the
purpose of developing viable urban communities by providing decent housing, a suitable living
environment,and by expanding economic opportunities; and
WHEREAS, the CDBG Program is funded by the U.S. Department of Housing and Urban
Development(HUD)and is to be implemented in a manner consistent with priorities and strategies
identified in a Housing and Community Development Consolidated Plan; and
WHEREAS, such a plan, covering a five-year period including Program Years 2015
through 2019,was prepared and made available for public comment as required by the Kanc-Elgin
Consortium's Citizen Participation Plan; and
WHEREAS, it is necessary to approve an Annual Action Plan for Program Year 2019 in
order for the City to qualify for an annual allocation of CDBG funds from HUD; and
WHEREAS, it is desirable to amend an intergovernmental agreement with Kane County
to provide for the proper administration and management of the City's CDBG Program (and
Neighborhood Stabilization Program) during Program Year 2019.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That the 2019 Annual Action Plan,including the activities listed below,is hereby
approved:
1. Southeast Area Street Improvements
The City will resurface streets,make accessibility improvements to sidewalks,and correct
minor drainage and sewer deficiencies in the Gifford Park-Southeast Area neighborhood.
CDBG Funding: $450,000.00
Agency: City of Elgin Engineering Division
2. Roof Replacement
Senior Services Associates will replace the roof on their office building in downtown Elgin.
The agency delivers an array of social services to area seniors from the facility.
CDBG Funding: $11,907.00
Agency: Senior Services Associates
3. Elgin Community Support Team
Association for Individual Development (AID) will provide intensive wrap-around
services to individuals with significant mental health challenges. This program is delivered
in collaboration with the Elgin Police Department to specifically serve individuals who are
homeless or at-risk of homelessness.
CDBG Funding: $23,020.00
Agency: Association for Individual Development
4. Homeless Outreach and Engagement
Ecker Center will provide case management services to homeless adults identified through
Elgin's FUSE initiative and other means. Services will include the collection of identifying
information, assessment of mental status, treatment planning, case
management/community support services, crisis services, and referrals for
alcohol/substance abuse treatment.
CDBG Funding: $18,391.00
Agency: Ecker Center for Mental Health
5. Day Shelter Services
PADS of Elgin will provide daytime shelter services for homeless individuals, Monday
through Friday, 9 am to 4 pm. This service will complement their existing overnight
emergency shelter.
CDBG Funding: $31,000.00
Agency: PADS of Elgin
6. Affordable Housing Fund
The Affordable Housing Fund(AHF)will leverage multiple funding sources to support the
preservation and creation of affordable housing for households with incomes at or below
80% of the area median income ($71,300 for a family of four). CDBG funds will be used
to provide gap financing for the development of affordable rental and/or home-ownership
projects funding for affordable housing activities within the City of Elgin.
CDBG Funding: $263,892.00
Agency: Kane County Office of Community Reinvestment
7. Program Administration
CDBG funds will be used to cover costs associated with the administration of the CDBG
program, and expenses associated with administration of the Continuum of Care, which
facilitates the award of state and federal funding to Elgin agencies that serve the homeless
population. Lastly, funds will also cover the cost of completing the 2020 to 2024
Consolidated Plan.
CDBG Funding: $148,950.00
Agency: Kane County Office of Community Reinvestment
2
Section 2. That the above funding awards are conditioned on each agency's compliance
with applicable HUD requirements,and satisfaction of conditions outlined in the attachment to the
report and recommendation issued to the Mayor and Members of the City Council at the
Committee of the Whole meeting of June 26, 2019.
. Section 3. That Richard G. Kozal, City Manager, be and is hereby authorized and directed
to execute such applications, agreements, certifications,reports, and other documents required by
HUD, and to provide additional information and furnish such documents as may be required by
HUD, to complete the activities described in the plans approved or amended herein.
Section 4. That Richard G. Kozal, City Manager, be and is hereby authorized and directed
to execute Amendment #3 to CDBG Program Management Intergovernmental Agreement on
behalf of the City of Elgin with Kane County for program management services regarding the
Community Development Block Grant Program and the Neighborhood Stabilization Program, a
copy of which is attached hereto and made a part hereof by reference.
s/David J. Kaptain
•
David J. Kaptain, Mayor
Presented: July 24, 2019
Adopted: July 24, 2019
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
3
Amendment#5 to CDBG Program Management
Intergovernmental Agreement
THIS AMENDMENT, made and entered into this day of , 2020, by and
between the CITY OF ELGIN, an Illinois municipal corporation (the "CITY"), and KANE COUNTY, a body
corporate and politic(the "COUNTY"), which are collectively known as "the Parties", modifies an
Intergovernmental Agreement (the "Agreement") entered into by the Parties for CDBG Program
Management services on July 13, 2016, and subsequently amended on November 15, 2017,July 11,
2018,July 24, 2019, and October 31, 2019.
WITNESSETH:
WHEREAS, under the Agreement (as amended),the COUNTY provides program management
services to the CITY in order to ensure proper implementation of its Community Development Block
Grant ("CDBG") Program and close-out of its Neighborhood Stabilization Program ("NSP"), both of which
are funded by the U.S. Department of Housing and Urban Development ("HUD"); and
WHEREAS,the CITY lI a ocated CDBG funds in its Annual Action Plan for Program Year 2019 for
the development of affordable housing within its corporate limits; and
WHEREAS, said funds were awarded to the COUNTY to be administered under the Kane-Elgin
Home Consortium's Affordable Housing Fund, which utilizes multiple funding sources to provide gap
financing for the preservation and/or creation of affordable housing for income-eligible households; and
WHEREAS, it is nece
ssary at this time to amend the Agreement to add said Affordable Housing
Fund services to the scope of services to be provided by the COUNTY to the CITY duringProgram Year g
2019, and to increase CDBG funding provided by the CITY to the COUNTY in order to cover Affordable
Housing Fund costs; and
WHEREAS, Paragraph 18 of the Agreement stipulates that it may be amended provided that
such amendments are in writing and duly executed by the Parties.
NOW,THEREFORE, upon the consideration of the mutual promises contained herein and upon
the further consideration of the recitals hereinabove set forth, it is hereby agreed between the CITY and
COUNTY to amend certain portions of the Agreement as follows:
Paragraph 2, "Scope of Services," Subparagraph A, shall be amended as follows:
A. The COUNTY shall provide program management services for the implementation of the
CITY's CDBG Program and its NSP. In providing these services, COUNTY shall perform the
tasks outlined in Attachment A, "Scope of Services" (hereinafter referred to as the
"SERVICES").
In conjunction with the CDBG program management services, the COUNTY shall
administer and provide housing rehabilitation services on behalf of the CITY. The
COUNTY shall subcontract with Community Contacts, Inc., an Illinois not-for-profit
corporation,to oversee and administer the housing rehabilitation services, as further
set forth in Attachment A.
1
Additionally, the COUNTY shall administer and provide Affordable Housing Fund services
on behalf of the CITY.The County shall subcontract with developer(s) to complete
Affordable Housing Fund projects, as further set forth in Attachment A.
The services provided by the COUNTY
under this agreement during a Program Year shall include the management and
administration of any outstanding funds that were allocated to the CITY but were
unexpended in any prior program years.
II. Paragraph 4, "Payments to the County," shall be amended as follows:
A. The CITY shall make periodic payments to the COUNTY for program management
services provided under this Agreement according to the budget established in
Attachment B, "Budget for Program Year 2019 Services—Elgin CDBG Program
Management Services."
B. The total of all payments made by the CITY to the COUNTY for program management
services provided under this Agreement shall not exceed $136,355.00 unless
modifications to the SERVICES are authorized in writing by the CITY and COUNTY by way
of written amendment to this Agreement.
C. The CITY shall also make periodic payments to the COUNTY for the reimbursement of
housing rehabilitation costs and services provided under this Agreement according to
the budget established in Attachment C, "Budget for Program Year 2018 Services— Elgin
CDBG Program Housing Rehabilitation Services."
D. The total of all payments made by the CITY to the COUNTY for housing rehabilitation
costs and services provided under this Agreement shall not exceed $351,190.00 unless
modifications to the SERVICES are authorized in writing by the CITY and COUNTY by way
of written amendment to this Agreement. The payments to the COUNTY for housing
rehabilitation costs and services shall include both the amounts of residential
rehabilitation assistance provided to Elgin residents for rehabilitation costs and the
program delivery costs to Community Contacts, Inc.,for the administration and
management of the CITY's housing rehabilitation program, in accordance with the terms
and provisions of this Agreement. The COUNTY shall pay Community Contacts, Inc.,
directly for its administration and management of the CITY's housing rehabilitation
program, and shall submit invoices to the CITY for reimbursement in accordance with
Section 4 of this Agreement.
E. The CITY shall also make periodic payments to the COUNTY for the reimbursement of
Affordable Housing Fund project costs provided under this Agreement according to the
budget established in Attachment D, "Budget for Program Year 2019 Services—Elgin
CDBG Program Affordable Housing Fund."
F. The total of all payments made by the CITY to the COUNTY for Affordable Housing Fund
project costs provided under this Agreement shall not exceed $263,892.00 unless
modifications to the SERVICES are authorized in writing by the CITY and COUNTY by way
of written amendment to this Agreement.
2
G. Additional services provided by the COUNTY which are not described herein require
prior written approval of the CITY and COUNTY and shall be compensated according to
terms agreed upon in such written approval.
III. Attachment A, "Scope of Services," shall be replaced with Amended Attachment A, "Scope of
Services," which is attached to this Amendment.
IV. Attachment D, "Budget for Program Year 2019 Services— Elgin CDBG Program Affordable
Housing Fund," which is attached to this Amendment, shall be added to the Agreement.
IN WITNESS WHEREOF, the undersigned Parties have caused this Amendment to be executed by their
duly designated officials.
CITY OF ELGIN, a municipal corporation
By:
Richard Kozal, City Mana r
Attest: li‘,"
Kimberly Dewis, City CI rk
COUNTY OF KANE, a body politic in the State of Illinois
By: Date: FEB 2 7 2020
S ott erger, Director
Office of Community Rei tment
3
AMENDED ATTACHMENT A
SCOPE OF SERVICES
The Kane County Office of Community Reinvestment will provide the following program and
project management services to support the City of Elgin's Community Development Block Grant
Program:
Determination of Activity Eligibility and Project Readiness
• Provide written report with supporting documentation for each project to document
compliance with HUD's activity eligibility and national objective criteria.
• Provide written report documenting project readiness and verifying that funding sources are
secured and projects are ready to proceed.
Consolidated and Annual Action Plan Prep./Amendment Prep.
• Prepare a five-year Consolidated Plan (including a one-year Annual Action Plan) satisfying HUD
requirements and identifying housing and community development needs in the Kane-Elgin
Consortium Area for Program Years 2020-2024.The County will develop said plan with the
assistance of a consultant,the cost of which will be shared evenly between the City and County.
In consultation with the City,the County and consultant will:
o Gather and analyze data and stakeholder input regarding housing and community
development needs.
o Conduct community surveys regarding service needs, workforce needs, public
infrastructure needs, and facility needs. survey's
o Convene public forums to collect community feedback.
o Prepare the narratives, tables, and other content necessary to satisfy HUD's
Consolidated Plan and Annual Action Plan requirements.
o Enter plan narratives and projects/activities into HUD's IDIS System.
o Conduct the required public comment period and public hearing within the City of Elgin.
o Prepare summary of comments received during comment period and hearing for review
by Elgin.
o Plan submittal:
o Incorporate public comments/responses and submit summaries to HUD in IDIS.
o Provide hard and electronic copies of final plan documents for Elgin's records/use.
• Prepare amendment(s) to any current or prior-year Action Plan(s) as requested by Elgin.
Environmental Review
• Prepare individual Environmental Review Records for all CDBG-funded activities for review and
signature by Elgin's Certifying Official.
• Prepare/publish required notices(if necessary).
• Prepare RROF/FONSI forms for review/signature by Elgin's Certifying Official and submittal to
HUD (if necessary).
• Obtain release of funds from HUD (if necessary).
• Enter/upload all required information/documents into HEROS systems as required by HUD.
Project Management/Oversight
Includes oversight of both new and prior-year CDBG activities through project close-out and final file
review to ensure project records are complete and ready for future audits and/or monitorings.
4
• Prepare funding agreements.
• Set up all activities in IDIS.
• Conduct project kick-off/orientation meeting to ensure smooth project launch/completion.
• Assist with procurement/bidding processes to confirm compliance with HUD standards.
• Confirm/document that the selected contractors(and subs) are not debarred.
• Ensure compliance with Federal Labor Standards/Davis-Bacon, including collection of certified
payroll records from contractors(and subs), and conducting/documenting job site interviews.
• Collect and maintain documentation of activity accomplishments and beneficiary info, including
quarterly performance reports. Update accomplishments in IDIS on a quarterly basis per HUD
standards.
• Monitor projects (both while underway and at completion).
• Collect and review annual agency audits to confirm compliance with OMB standards. Follow up
on any findings/deficiencies that are of concern.
• Enter completion data/info and closeout projects in IDIS.
• Preparation of project files/records:
o Provide Elgin with complete and organized file for each project (in both hard and
electronic formats)to document compliance with all Federal requirements.
• Meet with representatives from Elgin's external auditing firm (Sikich)to provide
information/documentation and assist with the city's annual single audit.
• Meet with HUD staff to provide information/documentation and assist with monitoring visits.
Field follow-up questions and prepare draft written responses for Elgin's review/submittal to
HUD.
Housing Rehabilitation Services
• Subcontract with Community Contacts to provide housing rehabilitation assistance to Elgin
homeowners consistent with the County's program under the following parameters:
o Homeowner Eligibility: Applicants must be at least eighteen (18) years of age, and their
total household income must be at/below 80%of Area Median Income (as updated and
published annually by HUD). Applicants must own and occupy the property as their
principal residence and be current with the payment of their mortgage, property taxes,
and homeowner's insurance premium.
o Property Type(s): Properties must be lawful, single-family dwellings free of all liens and
located in the City of Elgin.
o Amount of Assistance/Household: Up to$15,000 for housing rehabilitation work and up
to $10,000 for lead hazard control work, for a combined maximum of$25,000/
household. All assistance shall be provided in the form of a grant. Community Contacts
shall be eligible to receive a project delivery fee.
• Oversee and monitor the following tasks to be performed by Community Contacts:
o Receipt and processing of applications to identify eligible households. (All applications
currently under review/processing by Elgin's Community Development Department will
be given priority status ahead of any new applications.)
o Assessment of the physical condition of homes determined eligible for the program.
o Preparation of a scope of work and specifications for each housing unit to be
rehabilitated along with a cost estimate for the work.
o Procurement of contractor services through competitive bidding to a pre-qualified list of
contractors.
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o Execution of agreements and other documents necessary for homeowners to
participate in the program.
o Inspection of work performed by contractors to ensure satisfactory completion,
including compliance with lead-based paint requirements.
• Pay Community Contacts directly and submit reimbursement requests to Elgin.
• Maintain project files and beneficiary data for reporting/tracking purposes.
Affordable Housing Fund
• Administer the Kane-Elgin Consortium's Affordable Housing Fund (AHF), which leverages
multiple funding sources to support the preservation and/or creation of affordable housing for
households with incomes at/below 80%of the Area Median Income, as updated and published
annually by HUD.
• Conduct an annual Request for Proposals process to solicit housing development and/or
redevelopment projects from non-profit and for-profit developers.
• Evaluate, underwrite, and present applications to the Kane-Elgin Home Commission, which will
be responsible for reviewing and approving AHF awards. Projects receiving Elgin CDBG funding
through the AHF must be located in the City of Elgin.
• Subcontract with approved developers to complete AHF projects.
• Oversee and monitor all aspects of AHF projects to ensure satisfaction of HUD requirements.
• Pay developers directly for eligible and appropriate project costs and submit reimbursement
requests to Elgin.
• Maintain project files and beneficiary data for reporting/tracking purposes.
Neighborhood Stabilization Program
• Prepare/submit outstanding and future quarterly reports in HUD's DRGR System.
• Other work associated with closing out Elgin's Neighborhood Stabilization Program.
Financial Recordkeeping/Payment Processing/Reporting
• Review/approve project invoices/requests for payment.
• Submit invoices/requests for payment to the city's Finance Department for processing.
o If requested by city, assist with IDIS drawdown process to ensure prompt
reimbursement from HUD.
• If requested by Elgin, review financial records and quarterly financial reports(SF-425).
• Maintain records/backup documentation to support the city's financial records. Make same
available for preparation of the city's annual single audit and HUD monitoring.
o Prepare corrective action plans and narrative responses necessary to address
deficiencies identified in program audits/monitoring visits.
• Prepare and submit other compliance reports.
o Contract and Subcontract Activity Reports(HUD-2516)
o Semi-annual Labor Standards Enforcement Reports (HUD-4710)
o Section 3 Summary Report
o FFATA Subaward Reporting
Consolidated Annual Performance Evaluation Report(CAPER)
• Prepare written accomplishment narratives.
• Enter all required info/data in HUD's IDIS System.
• Public comment period:
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o Draft public notice for publication.
o Prepare summary of comments received during comment period for city.
• Report submittal:
o Incorporate public comments/responses and submit with Kane-Elgin Consortium CAPER
in IDIS.
o Provide hard and electronic copies of final report for city records/use.
Application Process
• Conduct application process for projects sponsored by external entities.
• Provide bound (and electronic) packet for review by city administration and City Council,
including:
o Staff reports/evaluations/recommendations; and
o Budget worksheet to aid in the allocation process.
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ATTACHMENT D
BUDGET FOR PROGRAM YEAR 2019 SERVICES—
ELGIN CDBG PROGRAM AFFORDABLE HOUSING FUND
Elgin CDBG Program Affordable Housing Fund
Expense Amount
Housing Redevelopment Services(property acquisition and redevelopment
1. $263,892.00
costs)
Not-to-Exceed Total for PY2019 $263,892.00
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Sea)i a i SOW r cQ.o
Resolution No. 19-110-a
RESOLUTION
APPROVING THE 2019 ANNUAL ACTION PLAN, AUTHORIZING THE EXECUTION OF'
DOCUMENTS NECESSARY TO PARTICIPATE IN THE COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM, AND AUTHORIZING EXECUTION OF AN AMENDMENT
TO CDBG PROGRAM MANAGEMENT INTERGOVERNMENTAL AGREEMENT WITH
KANE COUNTY FOR PROGRAM MANAGEMENT SERVICES REGARDING THE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND THE
NEIGHBORHOOD STABILIZATION PROGRAM
WHEREAS, Title I of the Housing and Community Development Act of 1974 provides
Community Development Block Grant (CDBG) funding to units of local government for the
purpose of developing viable urban communities by providing decent housing, a suitable living
environment,and by expanding economic opportunities; and
WHEREAS, the CDBG Program is funded by the U.S. Department of Housing and Urban
Development(HUD)and is to be implemented in a manner consistent with priorities and strategies
identified in a Housing and Community Development Consolidated Plan; and
WHEREAS, such a plan, covering a five-year period including Program Years 2015
through 2019,was prepared and made available for public comment as required by the Kane-Elgin
Consortium's Citizen Participation Plan; and
WHEREAS, it is necessary to approve an Annual Action Plan for Program Year 2019 in
order for the City to qualify for an annual allocation of CDBG funds from HUD; and
WHEREAS, it is desirable to amend an intergovernmental agreement with Kane County
to provide for the proper administration and management of the City's CDBG Program (and
Neighborhood Stabilization Program) during Program Year 2019.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That the 2019 Annual Action Plan,including the activities listed below,is hereby
approved:
1. Southeast Area Street Improvements
The City will resurface streets, make accessibility improvements to sidewalks, and correct
minor drainage and sewer deficiencies in the Gifford Park-Southeast Area neighborhood.
CDBGFunding: 4 00.00
$ 50 0
Agency: City of Elgin Engineering Division
2. Roof Replacement
Senior Services Associates will replace the roof on their office building in downtown Elgin.
The agency delivers an array of social services to area seniors from the facility.
CDBG Funding: $11,907.00
Agency: Senior Services Associates
3. Elgin Community Support Team
Association for Individual Development (AID) will provide intensive wrap-around
services to individuals with significant mental health challenges. This program is delivered
in collaboration with the Elgin Police Department to specifically serve individuals who are
homeless or at-risk of homelessness.
CDBG Funding: $23,020.00
Agency: Association for Individual Development
4. Homeless Outreach and Engagement
Ecker Center will provide case management services to homeless adults identified through
Elgin's FUSE initiative and other means. Services will include the collection of identifying
information, assessment of mental status, treatment planning, case
management/community support services, crisis services, and referrals for
alcohol/substance abuse treatment.
CDBG Funding: $18,391.00
Agency: Ecker Center for Mental Health
5. Day Shelter Services
PADS of Elgin will provide daytime shelter services for homeless individuals, Monday
through Friday, 9 am to 4 pm. This service will complement their existing overnight
emergency shelter.
CDBG Funding: $31,000.00
Agency: PADS of Elgin
6. Affordable Housing Fund
The Affordable Housing Fund(AHF)will leverage multiple funding sources to support the
preservation and creation of affordable housing for households with incomes at or below
80% of the area median income ($71,300 for a family of four). CDBG funds will be used
to provide gap financing for the development of affordable rental and/or home-ownership
projects funding for affordable housing activities within the City of Elgin.
CDBG Funding: $263,892.00
Agency: Kane County Office of Community Reinvestment
7. Program Administration
CDBG funds will be used to cover costs associated with the administration of the CDBG
program, and expenses associated with administration of the Continuum of Care, which
facilitates the award of state and federal funding to Elgin agencies that serve the homeless
population. Lastly, funds will also cover the cost of completing the 2020 to 2024
Consolidated Plan.
CDBG Funding: $148,950.00
Agency: Kane County Office of Community Reinvestment
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Section 2. That the above funding awards are conditioned on each agency's compliance
with applicable HUD requirements,and satisfaction of conditions outlined in the attachment to the
report and recommendation issued to the Mayor and Members of the City Council at the
Committee of the Whole meeting of June 26, 2019.
. Section 3. That Richard G. Kozal, City Manager, be and is hereby authorized and directed
to execute such applications, agreements, certifications,reports, and other documents required by
HUD, and to provide additional information and furnish such documents as may be required by
HUD, to complete the activities described in the plans approved or amended herein.
Section 4. That Richard G. Kozal, City Manager, be and is hereby authorized and directed
to execute Amendment #3 to CDBG Program Management Intergovernmental Agreement on
behalf of the City of Elgin with Kane County for program management services regarding the
Community Development Block Grant Program and the Neighborhood Stabilization Program. a
copy of which is attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: July 24, 2019
Adopted: July 24, 2019
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
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COMMUNITY DEVELOPMENT PROGRAM FUNDING AGREEMENT
BETWEEN CITY OF ELGIN,ILLINOIS
AND
SENIOR SERVICES ASSOCIATES,INC.
THIS AGREEMENT,having an effective date of ,is entered into by and between
the City of Elgin,Illinois(herein called the"City"),and Senior Services Associates, Inc.(herein called the"Project
Sponsor")which has the following DUNS Number:24043754.
WHEREAS,the City is the recipient of Community Development Block Grant(herein called"CDBG")funds
from the United States Government to be used for housing and community development activities under Title I of
the Housing and Community Development Act of 1974(herein called the"Act"), Public Law 93-383; and
WHEREAS,the Catalog of Federal Domestic Assistance(CFDA)Number for said funds is 14-218 and they
were awarded by the U.S.Department of Housing and Urban Development(herein called"HUD")on June 1,2019,
as Award Number B-19-MC-17-0011,to support activities described in the City's Housing and Community
Development Annual Action Plan(herein called the"Plan")for Program Year 2019;and
WHEREAS,said Plan includes an activity to be undertaken and completed by the Project Sponsor and the
City wishes to engage the Project Sponsor in the utilization of said funds for said activity,which shall not include
Research and Development.
NOW,THEREFORE,the parties agree to the following:
I. STATEMENT OF WORK
A. Project Description,Tasks,Schedule,and Budget
The Project Sponsor shall complete the project described in Exhibit A. Funds provided herein
shall be used in the manner described in said exhibit,which includes a description of the project,the tasks
to be performed by the Project Sponsor,a schedule for completing the tasks,and a project budget.
B. National Objectives
The City has determined that the project identified herein meets one of the Community
Development Block Grant Program's National Objectives as defined in 24 CFR 570.208.The Project
Sponsor shall not make changes to the project,including its scope, location,or budget,without the City's
prior written approval.
C. Level of Accomplishment
The Project Sponsor shall be responsible for completing the project identified herein and shall
make all documentation associated with the completion of the project available for inspection by the City
and representatives of HUD.
i
D. Staffing
The Project Sponsor will be responsible for all normal administrative services and expenses not
funded under this Agreement but required in order to undertake the project identified herein.
E. Performance Monitoring
The City will monitor the performance of the Project Sponsor against goals and performance
standards established herein.Substandard performance as determined by the City will constitute
noncompliance with this Agreement. If action to correct such noncompliance is not taken by the Project
Sponsor within the period of time specified by the City in its notification to the Project Sponsor,the City
may initiate suspension or termination procedures.
II. TIME OF PERFORMANCE
The work being performed by the Project Sponsor hereunder shall be completed according to the project
schedule contained herein.This Agreement shall terminate 60 days after the project completion date.In
accordance with the amendment procedures set forth in Paragraph VI,however,the term of this Agreement and
the provisions herein may be extended to cover any additional time period during which the Project Sponsor is in
control of CDBG funds or other assets,including program income.
III. FUNDING
In consideration of the project to be completed by the Project Sponsor hereunder,the City shall pay to
the Project Sponsor up to$11,907.00 in CDBG funds received from HUD.Said funds shall be used by the Project
Sponsor for the payment of expenses eligible under the CDBG program and specifically listed in the project budget
contained in Exhibit A.The total amount disbursed by the City, however,shall not exceed the City's proportional
share(54.2%)of the actual cost of the project described in Exhibit A. Payments are contingent upon the Project
Sponsor's compliance with all applicable uniform administration requirements as set forth in 24 CFR 570.502.The
Project Sponsor agrees to utilize funds available under this Agreement to supplement rather than supplant funds
otherwise available.
IV. NOTICES
Communication and details concerning this Agreement shall be directed to the following individuals:
CITY PROJECT SPONSOR
Chris DaII,Project Manager Beth McClory,Chief Administrative Officer
Kane County Office of Community Reinvestment Senior Services Associates, Inc.
719 South Batavia Avenue 101 South Grove Avenue
Geneva IL 60134 Elgin IL 60120
Phone:630-444-3048 Phone:847-741-0404
Email:dallchris@countyofkane.org Email: bmcclorv@seniorservicesassoc.org
V. GENERAL CONDITIONS
A. General Compliance with Federal Regulations
The Project Sponsor agrees to comply with all applicable requirements of 24 CFR 570 concerning
CDBG funds,all applicable portions of OMB's Uniform Administrative Requirements,Cost Principles,and
Audit Requirements for Federal Awards,and all other federal requirements and policies issued pursuant
2
to federal regulations,including, but not limited to,those set forth in Sections VIII,IX and X of this
Agreement.The Project Sponsor shall be responsible for complying with all applicable changes or
additions to the requirements currently set forth in said regulations.The Project Sponsor agrees to
comply with all other applicable federal,state and local laws and regulations governing the funds
provided under this Agreement.
B. Independent Contractor
Nothing contained in this Agreement is intended to,or shall be construed in any manner,create
or establish the relationship of employer/employee between the parties.The Project Sponsor shall,at all
times, remain an independent contractor with respect to the services to be performed under this
Agreement.The City shall be exempt from payment of all Unemployment Compensation, FICA,
retirement,life and/or medical insurance and Worker's Compensation Insurance as the Project Sponsor is
an independent contractor.
C. Hold Harmless
The Project Sponsor shall hold harmless,defend,and indemnify the City from any and all claims,
actions,suits,charges and judgments whatsoever that arise out of Project Sponsor's performance or
nonperformance under this Agreement.
D. Workers'Compensation
The Project Sponsor shall ensure that Workers'Compensation Insurance coverage is provided for
all employees involved in the performance of this Agreement.
E. Insurance&Bonding
The Project Sponsor shall carry sufficient insurance coverage to protect Agreement assets from
loss due to theft,fraud and/or undue physical damage,and as a minimum shall purchase a blanket fidelity
bond covering all employees in an amount equal to cash advances from the City.The Project Sponsor shall
comply with the bonding and insurance requirements of OMB's Uniform Administrative Requirements,
Cost Principles,and Audit Requirements for Federal Awards.
F. Funding Disclosure
The Project Sponsor shall credit the City and HUD for funding the project identified herein by
including the following statement on any sign that may be erected at the project site,and in any
promotional material that may be published in connection to the project: "Support for this project has
been provided by the City of Elgin,through its Community Development Department,with federal funds
from the U.S.Department of Housing and Urban Development."
VI. AMENDMENTS
The parties may amend this Agreement at any time provided that such amendments make specific
reference to this Agreement,are executed in writing,and are signed by a duly authorized representative of both
parties and approved by either party's governing body to the extent required by state law, local charter or
otherwise. In addition,the City may,in its sole discretion,amend this Agreement to conform to federal,state or
local governmental guidelines,policies and available funding amounts.However,if any such amendments result in
a change in the funding,the scope of services,or the scheduling of services to be undertaken as part of this
Agreement such modifications will be incorporated only by written amendment signed by both parties.
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VII. SUSPENSION AND TERMINATION
Either party may terminate this Agreement at any time by giving written notice to the other party at least
thirty(30)days before the effective date of such termination. However,any partial termination of the work to be
performed under this Agreement may only occur with the prior approval of the City.The City may also suspend or
terminate this Agreement,in whole or in part,if the Project Sponsor materially fails to comply with any term of
this Agreement,or with any of the rules,regulations or provisions referred to herein. In such event,the City may
declare the Project Sponsor ineligible for any future participation in City contracts,in addition to other remedies as
provided by law. In the event there is probable cause to believe the Project Sponsor is in noncompliance with any
applicable rules or regulations,the City may suspend payment of Agreement funds until such time as the Project
Sponsor is found to be in compliance by the City or is otherwise adjudicated to be in compliance. In the event of
any termination, all finished or unfinished documents,data,reports,maps, models,photographs or other
materials prepared by the Project Sponsor under this Agreement shall,at the option of the City,become the
property of the City. In the event of termination,the Project Sponsor shall be entitled to receive just and equitable
compensation for any satisfactory work completed prior to the termination.The City shall be entitled to the
repayment of any payments made to the Project Sponsor over and above that to which it is entitled as just and
equitable compensation for satisfactory work completed.
VIII. ADMINISTRATIVE REQUIREMENTS
A. Financial Management
1. Accounting Standards
The Project Sponsor agrees to comply with OMB's Uniform Administrative
Requirements,Cost Principles,and Audit Requirements for Federal Awards and adhere to the
accounting principles and procedures required therein,to utilize adequate internal controls,and
to maintain necessary source documentation for all costs incurred.
2. Cost Principles
The Project Sponsor shall administer its program in conformance with OMB's Uniform
Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards,as
applicable,for all costs incurred.
B. Documentation and Record Keeping
1. Records To Be Maintained
The Project Sponsor shall maintain all records required by federal regulations as
specified in 24 CFR 570.506,as they are pertinent to the activities to be funded under this
Agreement.Such records shall include,but not be limited to:
a. Records providing a full description of the activity undertaken;
b. Records demonstrating that each activity undertaken meets one of the national
objectives of the CDBG program,as set forth in 24 CFR 570.208;namely,
benefiting low/moderate income persons,aiding in the prevention or
elimination of slums or blight,and meeting community development needs
that have a particular urgency;
c. Records required to determine the eligibility of activities;
d. Records required to document the acquisition,improvements,use or
4
disposition of any real property acquired or improved with CDBG assistance;
e. Records documenting compliance with the fair housing and equal opportunity
components of the CDBG program to the extent applicable;
f. Financial records as required by 24 CFR 570.502;and
g. Other records necessary to document any required compliance with 24 CFR
570.600-570.612.
2. Retention
The Project Sponsor shall retain all records pertinent to expenditures incurred under
this Agreement for a period of five(5)years after the termination of all activities funded under
this Agreement,or after the resolution of all federal audit findings,whichever occurs later.
Records for non-expendable property acquired with funds under this Agreement shall be
retained for five(5)years after final disposition of such property. Records for any displaced
person must be kept for five(5)years after he/she has received final payment.Contact the City
before disposing of any records related to this Agreement.
3. Client Data
The Project Sponsor shall maintain client data demonstrating client eligibility for
services provided and any other demographic information requested in the City's quarterly
performance report.Such data shall include,but not be limited to,client name,address,income
level(or other basis for determining eligibility),demographic information,and description of
service provided.Such information shall be made available to the City monitors or their
designees for review upon request.
4. Disclosure
The Project Sponsor understands that client information collected under this Agreement
is private and the use or disclosure of such information,when not directly in connection with the
administration of the City's or the Project Sponsor's responsibilities with respect to services
provided under this Agreement is prohibited without the written consent of the resident
involved and,in the case of a minor,that of a responsible parent/guardian,except to the extent
such use or disclosure is required by applicable federal,state or local law.
5. Property Records
The Project Sponsor shall maintain real property inventory records,which clearly
identify any properties purchased,improved or sold with project funds. Properties retained shall
continue to meet eligibility criteria and shall comply with the"changes in use"restriction
specified in 24 CFR 570.503(b)(8).
6. National Objectives
The Project Sponsor agrees to maintain documentation that demonstrates that the
activities carried out with funds provided under this Agreement meet one or more of the CDBG
program's national objectives(benefit low/moderate income persons;aid in the prevention or
elimination of slums or blight;and meet community development needs that have a particular
urgency)as defined in 24 CFR 570.208.
s
7. Close-Outs
The Project Sponsor's obligation to the City shall not end until all close-out requirements
are completed,as set forth in 24 CFR 570.509.Activities during this close-out period shall include,
but not be limited to, making final payments,disposing of program assets(including the return of
all unspent cash advances and program income balances to the City),and determining the
custodianship of records.
8. Asset Reversion
Upon expiration of this Agreement,the Project Sponsor shall transfer to the City all
grant funds in its possession,and any accounts receivable of the project attributable to grant
funds.
At the time of project closeout,the City shall determine the appropriate disposition of
any equipment purchased with funds provided herein.The City shall permit the Project Sponsor
to retain title to such equipment,if the Project Sponsor assures the City that it intends to
continue the project for a period of not less than five years following closeout.
9. Audits
The Project Sponsor shall comply with OMB's Uniform Administrative Requirements,
Cost Principles,and Audit Requirements for Federal Awards,and shall obtain,at its own expense,
any required audit(s).Audits shall be performed by an independent auditor in accordance with
generally accepted governmental auditing standards covering financial and compliance audits.
Audits shall include,in addition to the financial statement(s)of the Project Sponsor,auditor's
comments regarding the Project Sponsor's compliance and internal controls pertaining to the
expenditure of grant funds.The Project Sponsor shall submit one certified copy of each required
audit report to the City no later than six months following the close of the Project Sponsor's fiscal
year for single audits;and not later than six months following project closeout for grant audits.
10. Records Inspections
All of the Project Sponsor's records with respect to any matters covered by this
Agreement shall be made available to the City,or its designees,or HUD,or its designees,at any
time during normal business hours,as often as deemed necessary, in order to audit,examine,or
make excerpts or transcripts of all relevant data.Any deficiencies noted in audit reports must be
fully cleared by the Project Sponsor within thirty(30)days after receipt by the Project Sponsor.
Failure by the Project Sponsor to comply with the above requirements will constitute a violation
of this Agreement and may result in the withholding of future payments.Specifically,all rights
and remedies regarding performance reviews as set forth in 24 CFR 570.900-570.913 shall be
available to the City and to HUD or their designees.
C. Reporting and Payment Procedures
1. Payment Procedures
In consideration of the work performed hereunder,the City will pay the Project Sponsor
with CDBG funds available under this Agreement for eligible costs,consistent with the project
budget contained herein(see Exhibit A),and based on requests submitted by the Project Sponsor
on forms provided by the City.Such requests shall be accompanied by the appropriate receipts,
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invoices,canceled checks,and/or other documentation required by the City.The Project Sponsor
may not request the disbursement of CDBG funds under this Agreement until the funds are
needed for the payment of eligible costs.The amount of each request must be limited to the
amount needed for such costs at the time the request is submitted to the City.Advance
disbursements of CDBG funds are not permitted under this Agreement.
The presentation of requests for the disbursement of CDBG funds on the part of the
Project Sponsor shall constitute a warranty and representation by the Project Sponsor to the City
that the amounts requested are elements of the project budget contained herein;that all such
amounts are required for the payment of eligible costs that were actually incurred by the Project
Sponsor;and that the Project Sponsor will use the amounts requested only for eligible purposes
under this Agreement.Prior to any disbursement of CDBG funds by the City,it reserves the right
to perform an independent review of any and all documentation and/or inspect the project
site(s)to independently determine that such disbursement is justified. If the City is dissatisfied
with the documentation submitted,or the status of the work performed hereunder,it may
require the Project Sponsor to submit further documentation or perform additional work before
it makes any further disbursements under this Agreement.The City reserves the right to reduce
funds available under this Agreement for any costs incurred by the City on behalf of the Project
Sponsor to complete the project to the City's satisfaction. Finally,the City shall not be required to
make any disbursements of CDBG funds to the Project Sponsor if the City is not legally capable or
permitted by law to make such disbursements.
2. Program Income
Program income,as defined at 24 CFR 570.500(a),generated by activities carried out
with CDBG funds made available under this Agreement,shall be remitted by the Project Sponsor
to the City within 30 days of receipt by the Project Sponsor.
3. Indirect Costs
Indirect costs are not eligible for reimbursement under this Agreement.
4. Performance Reports
The Project Sponsor shall submit quarterly performance reports to the City,using forms
provided by the City,for the duration of this Agreement.Said performance reports shall be
submitted according to the following schedule:
a. Report for June 1 through August 31 due on September 15;
b. Report for September 1 through November 30 due on December 15;
c. Report for December 1 through February 28/29 due on March 15;and
d. Report for March 1 through May 31 due on June 15.
D. Procurement
1. Standards of Procurement
The Project Sponsor shall comply with applicable federal,state,and local requirements
regarding contracting and the purchase of goods and services necessary to complete the project
identified herein.The Project Sponsor shall obtain the City's approval prior to publishing bidding
notices,distributing bidding documents,and executing contracts and change orders necessary
7
for the completion of said proiect.The cover page of all bid packets for work financed with funds
provided herein shall bear the following statement(s): "This contracting opportunity has been
made possible,in part,by the City of Elgin,through its Community Development Department,
with federal funds provided by the U.S.Department of Housing and Urban Development.
Section 3 Businesses and Minority/Women-Owned Businesses are encouraged to bid on this
project."If applicable,such statement shall be followed by the following: "Federal prevailing
wage requirements apply to this contract."
The Project Sponsor shall maintain an inventory record of any non-expendable personal
property procured with funds provided herein.All program assets(unexpended program income,
property,equipment,etc.)shall revert to the City upon termination of this Agreement in
accordance with Section VIII.B.8.of this Agreement.
2. Travel
The Project Sponsor shall obtain written approval from the City for any travel expenses
it intends to cover with funds provided under this Agreement.
3. Relocation,Acquisition and Displacement
The Project Sponsor agrees to comply with 24 CFR 570.606 and OMB's Uniform
Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards
relating to the acquisition and disposition of all real property utilizing grant funds and to any
displacement of persons, businesses,non-profit organizations and farms occurring as a direct
result of anyacquisition of real property utilizinggrant funds.The Sponsor further agrees
q P p YProjectP g
to comply with any applicable ordinances,resolutions and/or policies concerning displacement of
individuals from their residences.
IX. PERSONNEL AND PARTICIPANT CONDITIONS
A. Civil Rights
1. Compliance
The Project Sponsor agrees to comply with all the requirements set forth in 24 CFR
570.600,including, but not limited to,compliance with Title VI of the Civil Rights Act of 1964,as
amended,Title VIII of the Civil Rights Act of 1968,as amended,Section 109 of Title I of the
Housing and Community Development Act of 1974, Executive Order 11063,and Executive Order
11246,as amended by Executive Order 12086.The Project Sponsor also agrees to comply with all
applicable provisions of the Americans with Disabilities Act of 1990.
2. Nondiscrimination
The Project Sponsor will not discriminate against any employee or applicant for
employment because of race,color,creed,religion,ancestry,national origin,sex,disability or
other handicap,age,marital status,or status with regard to public assistance.
3. Land Covenants
This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964
(P.L.88-352)and 24 CFR 570.With regard to the sale,lease,or other transfer of land acquired,
8
cleared or improved with assistance provided under this Agreement,the Project Sponsor shall
cause or require a covenant running with the land to be inserted in the deed or lease for such
transfer,prohibiting discrimination as herein defined,in the sale,lease or rental,or in the use or
occupancy of such land,or in any improvements erected or to be erected thereon, providing that
the City and the United States are beneficiaries of and entitled to enforce such covenants.The
Project Sponsor, in undertaking its obligation to carry out the program assisted hereunder,
agrees to take such measures as are necessary to enforce such covenant,and will not itself so
discriminate.
4. Section 504
The Project Sponsor agrees to comply with any federal regulations issued pursuant to
compliance with Section 504 of the Rehabilitation Act of 1973,(29 U.S.C.706)which prohibits
discrimination against the disabled in any federally assisted program.The City shall provide the
Project Sponsor with any guidelines necessary for compliance with that portion of the
regulations in force during the term of this Agreement.
B. Affirmative Action
1. Approved Plan
The Project Sponsor agrees that it shall be committed to carrying out, pursuant to the
City's specifications,an Affirmative Action Program in keeping with the principles as provided in
Executive Order 11246 of September 24,1965.The City can provide affirmative action guidelines
to the Project Sponsor to assist in the formulation of such a program.
2. W/MBE
The Project Sponsor will use its best efforts to afford minority and women-owned
business enterprises the maximum practicable opportunity to participate in the performance of
this Agreement.As used in this Agreement,the term"Minority and female business enterprise"
means a business that is at least fifty-one(51)percent owned and controlled by minority group
members or women. For the purpose of this definition,"minority group members"are African-
Americans,Spanish-speaking,Spanish surnamed or Spanish-heritage Americans,Asian-
Americans,and American Indians.The Project Sponsor may rely on written representations by
business enterprises in lieu of an independent investigation.
3. Access to Records
The Project Sponsor shall furnish and cause each of its sub-Project Sponsors to furnish
all information and reports required hereunder and will permit access to its books,records and
accounts by the City,HUD or its agent,or other authorized federal officials for purposes of
investigation to ascertain compliance with the rules,regulations and provisions stated here.
4. Notifications
The Project Sponsor will send to each labor union or representative of workers with
which it has a collective bargaining agreement or other contract or understanding,a notice,to be
provided by the agency contracting officer,advising the labor union or workers'representative of
the Project Sponsor's commitments hereunder,and shall post copies of the notice in conspicuous
places available to employee and applicants for employment.
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5. EEO/AA Statement
The Project Sponsor will state that it is an Equal Opportunity or Affirmative Action
employer in all solicitations or advertisements for employees placed by it or on its behalf.
6. Subcontract Provisions
The Project Sponsor will include the provision of Section IX.A.(Civil Rights),and B.
(Affirmative Action),of this Agreement in every subcontract or purchase order,specifically or by
reference,so that such provisions will be binding upon each sub-Project Sponsor or vendor.
C. Employment and Contracting Provisions
1. Prohibited Activity
The Project Sponsor is prohibited from using funds provided herein or personnel
employed in the administration of the program for political activities,sectarian or religious
activities, lobbying,political patronage and nepotism activities.
2. Anti-Lobbying
The Project Sponsor hereby certifies that:
a. No 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 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 this
Agreement,the Project Sponsor shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying,"in accordance with its instructions.
c. The Project Sponsor shall require that the language of this certification be
included in the award documents for all sub-tier agreements(including
subcontracts,subgrants,and contracts under grants,loans and cooperative
agreements)and that all sub-tier parties shall certify and disclose accordingly.
3. OSHA
Where employees are engaged in activities not covered under the Occupations Safety
and Health Act of 1970,they shall not be required or permitted to work, be trained,or receive
services in buildings or surroundings or under working conditions which are unsanitary,
hazardous or dangerous to the participant's health or safety.
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4. Right to Know
Participants employed or trained for inherently dangerous occupations,i.e.,fire or
police jobs,shall be assigned to work in accordance with reasonable safety practices.
5. Labor Standards
The Project Sponsor agrees to comply with the requirements of the Secretary of Labor in
accordance with Federal Labor Standards Provisions,the Davis-Bacon Act,as amended,the
provisions of the Contract Work Hours and Safety Standards Act,the Copeland"Anti-Kickback"
Act and all other applicable federal,state and local laws and regulations pertaining to labor
standards insofar as those acts apply to the performance of this Agreement.The Project Sponsor
understands that such requirements are not limited to the work for which funding under this
Agreement is made available and agrees that all contractors engaged in contracts for
construction,renovation or repair of any building or work funded under this Agreement,as well
as work related in purpose,time and place to the work funded under this Agreement,shall
comply with federal requirements pertaining to such contracts.The Project Sponsor shall cause,
or require to be inserted,in all such contracts subject to such regulations,provisions meeting the
requirements of this paragraph and shall maintain documentation which demonstrates
compliance with hour and wage requirements.Such documentation shall be submitted to the
City.
6. Section 3
The Project Sponsor shall comply with the requirements of Section 3 of the Housing and
Urban Development Act of 1968 which requires that,to the greatest extent feasible,
employment and other economic opportunities generated by HUD financial assistance be
directed to low-and very low-income persons,particularly those who are recipients of
government assistance for housing,and to business concerns which provide economic
opportunities to such persons.
The Project Sponsor shall award contracts for work funded in whole or part under this
Agreement to the lowest and/or best bidder in accordance with the provisions of Section 3,
which allow qualifying business concerns to receive preference in the awarding of such contracts.
The Project Sponsor may rely on written representations by business concerns in lieu of
conducting independent investigations.The Project Sponsor agrees to include, monitor and
enforce the following clause(referred to as the Section 3 Clause)in such contracts where the
amount of assistance provided under this Agreement exceeds$100,000:
SECTION 3 CLAUSE
1. The work to be performed under this Contract is subject to the requirements of Section
3 of the Housing and Urban Development Act of 1968,as amended, 12 U.S.C. 1701u
(Section 3).The purpose of Section 3 is to ensure that employment and other economic
opportunities generated by HUD assistance or HUD-assisted projects covered by Section
3,shall,to the greatest extent feasible,be directed to low-and very low-income
persons,particularly persons who are recipients of HUD assistance for housing.
2. The parties to this contract agree to comply with HUD's regulations in 24 CFR, Part 135,
which implement Section 3.As evidenced by their execution of this contract,the parties
to this contract certify that they are under no contractual or other impediment that
would prevent them from complying with the part 135 regulations.
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3. The contractor agrees to send to each labor organization or representative of workers
with which the contractor has a collective bargaining agreement or other
understanding,if any,a notice advising the labor organization or workers'
representative of the contractor's commitments under this Section 3 clause,and will
post copies of the notice in conspicuous places at the work site where both employees
and applicants for training and employment positions can see the notice.The notice
shall describe the Section 3 preference,shall set forth minimum number and job titles
subject to hire,availability of apprenticeship and training positions,the qualifications for
each; and the name and location of the person(s)taking applications for each of the
positions;and the anticipated date the work shall begin.
4. The contractor agrees to include this Section 3 clause in every subcontract subject to
compliance with regulations in 24 CFR,Part 135,and agrees to take appropriate action,
as provided in an applicable provision of the subcontract in this Section 3 clause, upon a
finding that the subcontractor is in violation of the regulations in 24 CFR, Part 135.The
contractor will not subcontract with any subcontractor where the contractor has notice
or knowledge that the subcontractor has been found in violation of the regulations in 24
CFR,Part 135.
5. The contractor will certify that any vacant employment positions, including training
positions,that are filled(1)after the contractor is selected but before the contract is
executed,and(2)with persons other than those to whom the regulations of 24 CFR,
Part 135 require employment opportunities to be directed,were not filled to circumvent
the contractor's obligations under 24 CFR, Part 135.
6. Noncompliance with HUD's regulations in 24 CFR, Part 135 may result in sanctions,
termination of this contract for default,and debarment or suspension from future HUD
assisted contracts.
7. With respect to work performed in connection with Section 3 covered Indian housing
assistance,Section 7(b)of the Indian Self-Determination and Education Assistance Act
(25 U.S.C.450e)also applies to the work to be performed under this contract.Section
7(b)requires that to the greatest extent feasible(i)preference and opportunities for
training and employment shall be given to Indians,and(ii)preference in the award of
contracts and subcontracts shall be given to Indian organizations and Indian-owned
Economic Enterprises. Parties to this contract that are subject to the provisions of
Section 3 and Section 7(b)agree to comply with Section 3 to the maximum extent
feasible, but not in derogation of compliance with Section 7(b).
If the amount of HUD financial assistance provided under this and other Agreements
with the City exceeds$200,000,the Project Sponsor has the responsibility to comply with Section
3 in its own operations,and ensure compliance in the operations of its contractors and
subcontractors.This responsibility includes but may not necessarily be limited to measures listed
at 24 CFR 135.32,"Responsibilities of the Recipient."
D. Conduct
1. Assignability
The Project Sponsor shall not assign or transfer any interest in this Agreement without
the prior written consent of the City thereto,provided,however,that claims for money due or to
become due to the Project Sponsor from the City under this Agreement may be assigned to a
bank,trust company or other financial institution without such approval. Notice of any such
assignment or transfer shall be furnished promptly to the City.
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2. Hatch Act
The Project Sponsor agrees that no funds provided,nor personnel employed,under this
Agreement shall be in any way or to any extent engaged in the conduct of political activities in
violation of Chapter 15 of Title VI of the United States Code.
3. Conflict of Interest
The Project Sponsor agrees to abide by the provisions of 24 CFR 570.611 with respect to
conflicts of interest.The Project Sponsor further agrees that, in the performance of this
Agreement,no person having such a financial interest shall be employed or retained by the
Project Sponsor.These conflict of interest provisions apply to any person who is an employee,
agent,consultant,officer,or elected official or appointed official of the Project Sponsor or the
City,or of any designated public agencies or sub-Project Sponsors which are receiving funds
under the CDBG program.
4. Subcontracts
a. Approvals
The Project Sponsor shall not enter into any subcontracts with any agency or
individual in the performance of this Agreement without the written consent of the City
prior to the execution of such subcontract.
b. Monitoring
The Project Sponsor will monitor all subcontracted services on a regular basis
to assure compliance with the terms of this Agreement. Results of monitoring efforts
shall be summarized in the Project Sponsor's quarterly written report to the City and
supported with documented evidence of follow-up actions taken to correct areas of
noncompliance.
c. Content
The Project Sponsor shall cause all of the provisions of this Agreement in their
entirety to be included in and made a part of any subcontract executed in the
performance of this Agreement.
d. Selection Process
The Project Sponsor shall undertake to insure that all subcontracts let in the
performance of this Agreement shall be awarded on a fair and open competition basis.
Executed copies of all subcontracts shall be forwarded to the City along with
documentation concerning the selection process.
5. Copyright
If this Agreement results in any copyrightable materials,the City and/or grantor agency
reserves the right to royalty-free,nonexclusive and irrevocable license to reproduce,publish or
otherwise use and to authorize others to use the work for government purposes.
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6. Religious Organization
The Project Sponsor agrees that funds provided under this Agreement will not be
utilized for religious activities,to promote religious interest,or for the benefit of a religious
organization in accordance with federal regulations specified in 24 CFR 570.200(j).
7. Drug-Free Workplace
The Project Sponsor shall comply with the Illinois Drug Free Workplace Act(30 ILCS
580/1,et seq.),and, if applicable,with the Federal Drug Free Workplace Act(41 U.S.C.Section
701,et seq.)
X. ENVIRONMENTAL CONDITIONS
The Project Sponsor shall cooperate with the City in its responsibilities pursuant to HUD's Environmental
review procedures,24 CFR 58,as amended,and shall permit the City or its designees or employees to conduct site
inspections,conduct appropriate tests,examination of applicable documents,and such other activities as the City
deems appropriate in order to fulfill its responsibilities in the implementation of the policies of the National
Environmental Policy Act of 1969 and related acts.The City shall not make any payments contemplated under this
Agreement until the environmental review process has been completed by the City in accordance with the 24 CFR
58,nor may any costs be incurred by the Project Sponsor until completion of the Environmental Review.The
Project Sponsor will be notified by the City when costs may begin to be incurred through the issuance of a written
Notice to Proceed.
A. Air,Water&Environment
The Project Sponsor agrees to comply with the following regulations insofar as they apply to the
performance of this Agreement:
1. The Clean Air Act(42 U.S.C., 1857,et seq.);
2. The Federal Water Pollution Control Act as amended(33 U.S.C. 1251 et seq.)as
amended;
3. Environmental Protection Agency(EPA) regulations pursuant to 40 CFR 50,as amended;
4. The National Environmental Policy Act of 1969;and
5. HUD Environmental Review Procedures(24 CFR 58).
B. Flood Disaster Protection
To the extent applicable,the Project Sponsor agrees to comply with the requirements of the
Flood Disaster Protection Act of 1973(42 U.S.C.4106)in regard to the sale,lease or other transfer of land
acquired,cleared or improved under the terms of this Agreement.
C. Lead-Based Paint
The Project Sponsor agrees that any construction or rehabilitation of structures with assistance
provided under this Agreement shall be subject to HUD lead-based paint regulations 24 CFR 35,et.al.,
dated September 15,1999.
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D. Historic Preservation
The Project Sponsor agrees to comply with the requirements set forth in the National Historic
Preservation Act of 1966(16 U.S.C.470),as amended,and the procedures set forth in 36 CFR 800 et seq.,
insofar as they apply to the performance of this Agreement.
Xl. EXECUTION
This Agreement may be executed in counterparts,each of which shall be an original and all of which shall
constitute one and the same agreement.For the purposes of executing this Agreement,any signed copy of this
Agreement transmitted by fax machine or e-mail shall be treated in all manners and respects as an original
document.The signature of any party on a copy of this Agreement transmitted by fax machine or e-mail shall be
considered for these purposes as an original signature and shall have the same legal effect as an original signature.
Any such faxed or e-mailed copy of this Agreement shall be considered to have the same binding legal effect as an
original document.At the request of either party any fax or e-mail copy of this Agreement shall be re-executed by
the parties in an original form. No party to this Agreement shall raise the use of fax machine or e-mail as a defense
to this Agreement and shall forever waive such defense.
15
IN WITNESS WHEREOF,the parties have executed this Agreement as of the date first written above.
For the City:
ignature
Richard G.Kozal,City Manager
Name and itl (Printed)
Attest: he.,,
Kimberly .Dewis,City Clerk
Date
For the Project Sponsor:
/1
Signs till
H ck t' ; 1 ler- 51ec.u. ve- ;r"e_c.,-6 r-
Nameand Title(Printed)
te-1 ructr`j a�� ca6a0
Date /
16
CITY OF ELGIN
COMMUNITY DEVELOPMENT PROGRAM
Exhibit A: Project Description,Tasks,Schedule,and Budget
Project Description and Tasks
The Project Sponsor will replace the roof of its facility located at 101-103 South Grove Avenue in the City
of Elgin.Specifically the project involves removal of the entire roof down to the deck,and installation of roof
insulation,a TPO white single-ply roof system,and new metal edging at the perimeter.The Project Sponsor will
continue to provide human services to Elgin senior citizens from the facility,the majority of whom are expected to
be low/moderate-income.The Project Sponsor shall be responsible for all tasks required to complete the project
described herein.Additional details concerning the project are described in the Project Sponsors application for
funding and subsequent correspondence,all of which is contained in the City's project file and incorporated into
this Agreement by reference.
Project Schedule
The Project Sponsor shall complete the project described herein according to the following schedule:
Secure Commitment for Pro-Bono Engineering Services Completed
Submit Draft Construction Bid Packet to City for Review/Approval March 6,2020
Advertise/Distribute Construction Bidding Documents March 26, 2020
Receive/Open Bids from Contractors April 16,2020
Evaluate Bids in Consultation with City April 24,2020
Award Construction Contract May 4,2020
Begin Construction Work May 25,2020
Complete Construction Work June 26,2020
Project Completion Date June 26,2020
Project Budget
Project Sponsor Elgin
Expenses Funds/In-Kind CDBG Funds Total Cost
Services*
Engineering Services(Pro-bono services include the
preparation of plans/specifications and job-site $3,000 $0 $3,000
inspections during/after construction.Valued at$3,000.)
City of Elgin Building Permit $26 $44 $70
Construction(Independent contractor to replace roof.) $7,037 $11,863 $18,900
Totals(and Proportional Share of Total Project Cost) $10,063(45.8%) $11,907(54.2%) $21,970
*By executing this Agreement,Project Sponsor certifies to City that the aforementioned funds and in-kind services are
available and hereby commits them to the project described herein.
17
AID
Resolution No. 19-1 10—3
RESOLUTION
APPROVING THE 2019 ANNUAL ACTION PLAN, AUTHORIZING THE EXECUTION OF
DOCUMENTS NECESSARY TO PARTICIPATE IN THE COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM, AND AUTHORIZING EXECUTION OF AN AMENDMENT
TO CDBG PROGRAM MANAGEMENT INTERGOVERNMENTAL AGREEMENT WITH
KANE COUNTY FOR PROGRAM MANAGEMENT SERVICES REGARDING THE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND THE
NEIGHBORHOOD STABILIZATION PROGRAM
WHEREAS, Title I of the Housing and Community Development Act of 1974 provides
Community Development Block Grant (CDBG) funding to units of local government for the
purpose of developing viable urban communities by providing decent housing, a suitable living
environment,and by expanding economic opportunities; and
WHEREAS, the CDBG Program is funded by the U.S. Department of Housing and Urban
Development(HUD)and is to be implemented in a manner consistent with priorities and strategies
identified in a Housing and Community Development Consolidated Plan; and
WHEREAS, such a plan, covering a five-year period including Program Years 2015
through 2019,was prepared and made available for public comment as required by the Kane-Elgin
Consortium's Citizen Participation Plan; and
WHEREAS, it is necessary to approve an Annual Action Plan for Program Year 2019 in
order for the City to qualify for an annual allocation of CDBG funds from HUD; and
WHEREAS, it is desirable to amend an intergovernmental agreement with Kane County
to provide for the proper administration and management of the City's CDBG Program (and
Neighborhood Stabilization Program) during Program Year 2019.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That the 2019 Annual Action Plan,including the activities listed below,is hereby
approved:
1. Southeast Area Street Improvements
The City will resurface streets, make accessibility improvements to sidewalks, and correct
minor drainage and sewer deficiencies in the Gifford Park-Southeast Area neighborhood.
CDBG Funding: $450,000.00
Agency: City of Elgin Engineering Division
2. Roof Replacement
Senior Services Associates will replace the roof on their office building in downtown Elgin.
The agency delivers an array of social services to area seniors from the facility.
CDBG Funding: $11,907.00
Agency: Senior Services Associates
J 3. Elgin Community Support Team
Association for Individual Development (AID) will provide intensive wrap-around
services to individuals with significant mental health challenges. This program is delivered
in collaboration with the Elgin Police Department to specifically serve individuals who are
homeless or at-risk of homelessness.
CDBG Funding: $23,020.00
Agency: Association for Individual Development
4. Homeless Outreach and Engagement
Ecker Center will provide case management services to homeless adults identified through
Elgin's FUSE initiative and other means. Services will include the collection of identifying
information, assessment of mental status, treatment planning, case
management/community support services, crisis services, and referrals for
alcohol/substance abuse treatment.
CDBG Funding: $18,391.00
Agency: Ecker Center for Mental Health
5. Day Shelter Services
PADS of Elgin will provide daytime shelter services for homeless individuals, Monday
through Friday, 9 am to 4 pm. This service will complement their existing overnight
emergency shelter.
CDBG Funding: $31,000.00
Agency: PADS of Elgin
6. Affordable Housing Fund
The Affordable Housing Fund(AHF)will leverage multiple funding sources to support the
preservation and creation of affordable housing for households with incomes at or below
80% of the area median income ($71,300 for a family of four). CDBG funds will be used
to provide gap financing for the development of affordable rental and/or home-ownership
projects funding for affordable housing activities within the City of Elgin.
CDBG Funding: $263,892.00
Agency: Kane County Office of Community Reinvestment
7. Program Administration
CDBG funds will be used to cover costs associated with the administration of the CDBG
program, and expenses associated with administration of the Continuum of Care, which
facilitates the award of state and federal funding to Elgin agencies that serve the homeless
population. Lastly, funds will also cover the cost of completing the 2020 to 2024
Consolidated Plan.
CDBG Funding: $148,950.00
Agency: Kane County Office of Community Reinvestment
2
Section 2. That the above funding awards are conditioned on each agency's compliance
with applicable HUD requirements,and satisfaction of conditions outlined in the attachment to the
report and recommendation issued to the Mayor and Members of the City Council at the
Committee of the Whole meeting of June 26, 2019.
. Section 3. That Richard G. Kozal, City Manager, be and is hereby authorized and directed
to execute such applications, agreements, certifications,reports, and other documents required by
HUD, and to provide additional information and furnish such documents as may be required by
HUD,to complete the activities described in the plans approved or amended herein.
Section 4, That Richard G. Kozal, City Manager,be and is hereby authorized and directed
to execute Amendment #3 to CDBG Program Management Intergovernmental Agreement on
behalf of the City of Elgin with Kane County for program management services regarding the
Community Development Block Grant Program and the Neighborhood Stabilization Program. a
copy of which is attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: July 24, 2019
Adopted: July 24, 2019
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
3
COMMUNITY DEVELOPMENT PROGRAM FUNDING AGREEMENT
BETWEEN CITY OF ELGIN,ILLINOIS
AND
ASSOCIATION FOR INDIVIDUAL DEVELOPMENT
THIS AGREEMENT,having an effective date of August 1, 2019,is entered into by and between the City of
Elgin, Illinois(herein called the"City"),and Association for Individual Development(herein called the"Project
Sponsor")which has the following DUNS Number:74573700.
WHEREAS,the City is the recipient of Community Development Block Grant(herein called"CDBG")funds
from the United States Government to be used for housing and community development activities under Title I of
the Housing and Community Development Act of 1974(herein called the"Act"), Public Law 93-383;and
WHEREAS,the Catalog of Federal Domestic Assistance(CFDA)Number for said funds is 14-218 and they
were awarded by the U.S. Department of Housing and Urban Development(herein called"HUD")on June 1,2019,
as Award Number B-19-MC-17-0011,to support activities described in the City's Housing and Community
Development Annual Action Plan (herein called the"Plan")for Program Year 2019;and
WHEREAS,said Plan includes an activity to be undertaken and completed by the Project Sponsor and the
City wishes to engage the Project Sponsor in the utilization of said funds for said activity,which shall not include
Research and Development.
NOW,THEREFORE,the parties agree to the following:
STATEMENT OF WORK
A. Project Description,Tasks,Schedule,and Budget
The Project Sponsor shall complete the project described in Exhibit A. Funds provided herein
shall be used in the manner described in said exhibit,which includes a description of the project,the tasks
to be performed by the Project Sponsor,a schedule for completing the tasks,and a project budget.
B. National Objectives
The City has determined that the project identified herein meets one of the Community
Development Block Grant Program's National Objectives as defined in 24 CFR 570.208.The Project
Sponsor shall not make changes to the project,including its scope, location,or budget,without the City's
prior written approval.
C. Level of Accomplishment
The Project Sponsor shall be responsible for completing the project identified herein and shall
make all documentation associated with the completion of the project available for inspection by the City
and representatives of HUD.
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D. Staffing
The Project Sponsor will be responsible for all normal administrative services and expenses not
funded under this Agreement but required in order to undertake the project identified herein.
E. Performance Monitoring
The City will monitor the performance of the Project Sponsor against goals and performance
standards established herein.Substandard performance as determined by the City will constitute
noncompliance with this Agreement. If action to correct such noncompliance is not taken by the Project
Sponsor within the period of time specified by the City in its notification to the Project Sponsor,the City
may initiate suspension or termination procedures.
II. TIME OF PERFORMANCE
The work being performed by the Project Sponsor hereunder shall be completed according to the project
schedule contained herein.This Agreement shall terminate 60 days after the project completion date.In
accordance with the amendment procedures set forth in Paragraph VI, however,the term of this Agreement and
the provisions herein may be extended to cover any additional time period during which the Project Sponsor is in
control of CDBG funds or other assets,including program income.
III. FUNDING
In consideration of the project to be completed by the Project Sponsor hereunder,the City shall pay to
the Project Sponsor up to$23,020.00 in CDBG funds received from HUD.Said funds shall be used by the Project
Sponsor for the payment of expenses eligible under the CDBG program and specifically listed in the project budget
contained in Exhibit A.The total amount disbursed by the City, however,shall not exceed the City's proportional
share(7.2%)of the actual cost of the project described in Exhibit A. Payments are contingent upon the Project
Sponsor's compliance with all applicable uniform administration requirements as set forth in 24 CFR 570.502.The
Project Sponsor agrees to utilize funds available under this Agreement to supplement rather than supplant funds
otherwise available.
IV. NOTICES
Communication and details concerning this Agreement shall be directed to the following individuals:
CITY PROJECT SPONSOR
Nisreen Wakileh,CoC Program Coordinator Christie Plotzke,Grants Specialist
Kane County Office of Community Reinvestment Association for Individual Development
719 South Batavia Avenue 1135 Bowes Road
Geneva IL 60134 Elgin IL 60123
Phone:630-232-3428 Phone:847-931-2292
Email:wakilehnisreen@countyofkane.org Email:cplotzke@aidcares.org
V. GENERAL CONDITIONS
A. General Compliance with Federal Regulations
The Project Sponsor agrees to comply with all applicable requirements of 24 CFR 570 concerning
CDBG funds,all applicable portions of OMB's Uniform Administrative Requirements,Cost Principles,and
Audit Requirements for Federal Awards,and all other federal requirements and policies issued pursuant
z
to federal regulations, including, but not limited to,those set forth in Sections VIII, IX and X of this
Agreement.The Project Sponsor shall be responsible for complying with all applicable changes or
additions to the requirements currently set forth in said regulations.The Project Sponsor agrees to
comply with all other applicable federal,state and local laws and regulations governing the funds
provided under this Agreement.
B. Independent Contractor
Nothing contained in this Agreement is intended to,or shall be construed in any manner,create
or establish the relationship of employer/employee between the parties.The Project Sponsor shall,at all
times,remain an independent contractor with respect to the services to be performed under this
Agreement.The City shall be exempt from payment of all Unemployment Compensation, FICA,
retirement, life and/or medical insurance and Worker's Compensation Insurance as the Project Sponsor is
an independent contractor.
C. Hold Harmless
The Project Sponsor shall hold harmless,defend,and indemnify the City from any and all claims,
actions,suits,charges and judgments whatsoever that arise out of Project Sponsor's performance or
nonperformance under this Agreement.
D. Workers'Compensation
The Project Sponsor shall ensure that Workers'Compensation Insurance coverage is provided for
all employees involved in the performance of this Agreement.
E. Insurance&Bonding
The Project Sponsor shall carry sufficient insurance coverage to protect Agreement assets from
loss due to theft,fraud and/or undue physical damage,and as a minimum shall purchase a blanket fidelity
bond covering all employees in an amount equal to cash advances from the City.The Project Sponsor shall
comply with the bonding and insurance requirements of OMB's Uniform Administrative Requirements,
Cost Principles,and Audit Requirements for Federal Awards.
F. Funding Disclosure
The Project Sponsor shall credit the City and HUD for funding the project identified herein by
including the following statement on any sign that may be erected at the project site,and in any
promotional material that may be published in connection to the project: "Support for this project has
been provided by the City of Elgin, through its Community Development Department,with federal funds
from the U.S.Department of Housing and Urban Development."
VI. AMENDMENTS
The parties may amend this Agreement at any time provided that such amendments make specific
reference to this Agreement,are executed in writing,and are signed by a duly authorized representative of both
parties and approved by either party's governing body to the extent required by state law,local charter or
otherwise. In addition,the City may, in its sole discretion,amend this Agreement to conform to federal,state or
local governmental guidelines,policies and available funding amounts. However,if any such amendments result in
a change in the funding,the scope of services,or the scheduling of services to be undertaken as part of this
Agreement such modifications will be incorporated only by written amendment signed by both parties.
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VII. SUSPENSION AND TERMINATION
Either party may terminate this Agreement at any time by giving written notice to the other party at least
thirty(30)days before the effective date of such termination. However,any partial termination of the work to be
performed under this Agreement may only occur with the prior approval of the City.The City may also suspend or
terminate this Agreement, in whole or in part, if the Project Sponsor materially fails to comply with any term of
this Agreement,or with any of the rules, regulations or provisions referred to herein. In such event,the City may
declare the Project Sponsor ineligible for any future participation in City contracts, in addition to other remedies as
provided by law. In the event there is probable cause to believe the Project Sponsor is in noncompliance with any
applicable rules or regulations,the City may suspend payment of Agreement funds until such time as the Project
Sponsor is found to be in compliance by the City or is otherwise adjudicated to be in compliance. In the event of
any termination,all finished or unfinished documents,data, reports, maps,models, photographs or other
materials prepared by the Project Sponsor under this Agreement shall,at the option of the City,become the
property of the City. In the event of termination,the Project Sponsor shall be entitled to receive just and equitable
compensation for any satisfactory work completed prior to the termination.The City shall be entitled to the
repayment of any payments made to the Project Sponsor over and above that to which it is entitled as just and
equitable compensation for satisfactory work completed.
VIII. ADMINISTRATIVE REQUIREMENTS
A. Financial Management
1. Accounting Standards
The Project Sponsor agrees to comply with OMB's Uniform Administrative
Requirements,Cost Principles,and Audit Requirements for Federal Awards and adhere to the
accounting principles and procedures required therein,to utilize adequate internal controls,and
to maintain necessary source documentation for all costs incurred.
2. Cost Principles
The Project Sponsor shall administer its program in conformance with OMB's Uniform
Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards,as
applicable,for all costs incurred.
B. Documentation and Record Keeping
1. Records To Be Maintained
The Project Sponsor shall maintain all records required by federal regulations as
specified in 24 CFR 570.506,as they are pertinent to the activities to be funded under this
Agreement.Such records shall include,but not be limited to:
a. Records providing a full description of the activity undertaken;
b. Records demonstrating that each activity undertaken meets one of the national
objectives of the CDBG program,as set forth in 24 CFR 570.208; namely,
benefiting low/moderate income persons,aiding in the prevention or
elimination of slums or blight,and meeting community development needs
that have a particular urgency;
c. Records required to determine the eligibility of activities;
d. Records required to document the acquisition, improvements,use or
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disposition of any real property acquired or improved with CDBG assistance;
e. Records documenting compliance with the fair housing and equal opportunity
components of the CDBG program to the extent applicable;
f. Financial records as required by 24 CFR 570.502;and
g. Other records necessary to document any required compliance with 24 CFR
570.600-570.612.
2. Retention
The Project Sponsor shall retain all records pertinent to expenditures incurred under
this Agreement for a period of five(5)years after the termination of all activities funded under
this Agreement,or after the resolution of all federal audit findings,whichever occurs later.
Records for non-expendable property acquired with funds under this Agreement shall be
retained for five(5)years after final disposition of such property. Records for any displaced
person must be kept for five(5)years after he/she has received final payment.Contact the City
before disposing of any records related to this Agreement.
3. Client Data
The Project Sponsor shall maintain client data demonstrating client eligibility for
services provided and any other demographic information requested in the City's quarterly
performance report.Such data shall include,but not be limited to,client name,address,income
level(or other basis for determining eligibility),demographic information,and description of
service provided.Such information shall be made available to the City monitors or their
designees for review upon request.
4. Disclosure
The Project Sponsor understands that client information collected under this Agreement
is private and the use or disclosure of such information,when not directly in connection with the
administration of the City's or the Project Sponsor's responsibilities with respect to services
provided under this Agreement is prohibited without the written consent of the resident
involved and,in the case of a minor,that of a responsible parent/guardian,except to the extent
such use or disclosure is required by applicable federal,state or local law.
5. Property Records
The Project Sponsor shall maintain real property inventory records,which clearly
identify any properties purchased,improved or sold with project funds. Properties retained shall
continue to meet eligibility criteria and shall comply with the"changes in use"restriction
specified in 24 CFR 570.503(b)(8).
6. National Objectives
The Project Sponsor agrees to maintain documentation that demonstrates that the
activities carried out with funds provided under this Agreement meet one or more of the CDBG
program's national objectives(benefit low/moderate income persons;aid in the prevention or
elimination of slums or blight;and meet community development needs that have a particular
urgency)as defined in 24 CFR 570.208.
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III
7. Close-Outs
The Project Sponsor's obligation to the City shall not end until all close-out requirements
are completed,as set forth in 24 CFR 570.509.Activities during this close-out period shall include,
but not be limited to, making final payments,disposing of program assets(including the return of
all unspent cash advances and program income balances to the City),and determining the
custodianship of records.
8. Asset Reversion
Upon expiration of this Agreement,the Project Sponsor shall transfer to the City all
grant funds in its possession,and any accounts receivable of the project attributable to grant
funds.
At the time of project closeout,the City shall determine the appropriate disposition of
any equipment purchased with funds provided herein.The City shall permit the Project Sponsor
to retain title to such equipment,if the Project Sponsor assures the City that it intends to
continue the project for a period of not less than five years following closeout.
9. Audits
The Project Sponsor shall comply with OMB's Uniform Administrative Requirements,
Cost Principles,and Audit Requirements for Federal Awards, and shall obtain, at its own expense,
any required audit(s).Audits shall be performed by an independent auditor in accordance with
generally accepted governmental auditing standards covering financial and compliance audits.
Audits shall include, in addition to the financial statement(s)of the Project Sponsor,auditor's
comments regarding the Project Sponsor's compliance and internal controls pertaining to the
expenditure of grant funds.The Project Sponsor shall submit one certified copy of each required
audit report to the City no later than six months following the close of the Project Sponsor's fiscal
year for single audits;and not later than six months following project closeout for grant audits.
10. Records Inspections
All of the Project Sponsor's records with respect to any matters covered by this
Agreement shall be made available to the City,or its designees,or HUD,or its designees, at any
time during normal business hours,as often as deemed necessary,in order to audit,examine,or
make excerpts or transcripts of all relevant data.Any deficiencies noted in audit reports must be
fully cleared by the Project Sponsor within thirty(30)days after receipt by the Project Sponsor.
Failure by the Project Sponsor to comply with the above requirements will constitute a violation
of this Agreement and may result in the withholding of future payments.Specifically,all rights
and remedies regarding performance reviews as set forth in 24 CFR 570.900-570.913 shall be
available to the City and to HUD or their designees.
C. Reporting and Payment Procedures
1. Payment Procedures
In consideration of the work performed hereunder,the City will pay the Project Sponsor
with CDBG funds available under this Agreement for eligible costs,consistent with the project
budget contained herein(see Exhibit A),and based on requests submitted by the Project Sponsor
on forms provided by the City.Such requests shall be accompanied by the appropriate receipts,
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invoices,canceled checks,and/or other documentation required by the City.The Project Sponsor
may not request the disbursement of CDBG funds under this Agreement until the funds are
needed for the payment of eligible costs.The amount of each request must be limited to the
amount needed for such costs at the time the request is submitted to the City.Advance
disbursements of CDBG funds are not permitted under this Agreement.
The presentation of requests for the disbursement of CDBG funds on the part of the
Project Sponsor shall constitute a warranty and representation by the Project Sponsor to the City
that the amounts requested are elements of the project budget contained herein;that all such
amounts are required for the payment of eligible costs that were actually incurred by the Project
Sponsor;and that the Project Sponsor will use the amounts requested only for eligible purposes
under this Agreement. Prior to any disbursement of CDBG funds by the City, it reserves the right
to perform an independent review of any and all documentation and/or inspect the project
site(s)to independently determine that such disbursement is justified. If the City is dissatisfied
with the documentation submitted,or the status of the work performed hereunder,it may
require the Project Sponsor to submit further documentation or perform additional work before
it makes any further disbursements under this Agreement.The City reserves the right to reduce
funds available under this Agreement for any costs incurred by the City on behalf of the Project
Sponsor to complete the project to the City's satisfaction. Finally,the City shall not be required to
make any disbursements of CDBG funds to the Project Sponsor if the City is not legally capable or
permitted by law to make such disbursements.
2. Program Income
Program income,as defined at 24 CFR 570.500(a),generated by activities carried out
with CDBG funds made available under this Agreement,shall be remitted by the Project Sponsor
to the City within 30 days of receipt by the Project Sponsor.
3. Indirect Costs
Indirect costs are not eligible for reimbursement under this Agreement.
4. Performance Reports
The Project Sponsor shall submit quarterly performance reports to the City,using forms
provided by the City,for the duration of this Agreement.Said performance reports shall be
submitted according to the following schedule:
a. Report for June 1 through August 31 due on September 15;
b. Report for September 1 through November 30 due on December 15;
c. Report for December 1 through February 28/29 due on March 15;and
d. Report for March 1 through May 31 due on June 15.
D. Procurement
1. Standards of Procurement
The Project Sponsor shall comply with applicable federal,state,and local requirements
regarding contracting and the purchase of goods and services necessary to complete the project
identified herein.The Project Sponsor shall obtain the City's approval prior to publishing bidding
notices,distributing bidding documents,and executing contracts and change orders necessary
for the completion of said project.The cover page of all bid packets for work financed with funds
provided herein shall bear the following statement(s): "This contracting opportunity has been
made possible,in part,by the City of Elgin,through its Community Development Department,
with federal funds provided by the U.S.Department of Housing and Urban Development.
Section 3 Businesses and Minority/Women-Owned Businesses are encouraged to bid on this
project."If applicable,such statement shall be followed by the following: "Federal prevailing
wage requirements apply to this contract."
The Project Sponsor shall maintain an inventory record of any non-expendable personal
property procured with funds provided herein.All program assets(unexpended program income,
property,equipment, etc.)shall revert to the City upon termination of this Agreement in
accordance with Section VIII. B.8.of this Agreement.
2. Travel
The Project Sponsor shall obtain written approval from the City for any travel expenses
it intends to cover with funds provided under this Agreement.
3. Relocation,Acquisition and Displacement
The Project Sponsor agrees to comply with 24 CFR 570.606 and OMB's Uniform
Administrative Requirements, Cost Principles,and Audit Requirements for Federal Awards
relating to the acquisition and disposition of all real property utilizing grant funds and to any
displacement of persons, businesses, non-profit organizations and farms occurring as a direct
result of any acquisition of real property utilizing grant funds.The Project Sponsor further agrees
to comply with any applicable ordinances,resolutions and/or policies concerning displacement of
individuals from their residences.
IX. PERSONNEL AND PARTICIPANT CONDITIONS
A. Civil Rights
1. Compliance
The Project Sponsor agrees to comply with all the requirements set forth in 24 CFR
570.600,including,but not limited to,compliance with Title VI of the Civil Rights Act of 1964,as
amended,Title VIII of the Civil Rights Act of 1968,as amended,Section 109 of Title I of the
Housing and Community Development Act of 1974, Executive Order 11063, and Executive Order
11246,as amended by Executive Order 12086.The Project Sponsor also agrees to comply with all
applicable provisions of the Americans with Disabilities Act of 1990.
2. Nondiscrimination
The Project Sponsor will not discriminate against any employee or applicant for
employment because of race, color,creed,religion,ancestry,national origin,sex, disability or
other handicap,age, marital status,or status with regard to public assistance.
3. Land Covenants
This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964
(P.L.88-352)and 24 CFR 570.With regard to the sale, lease,or other transfer of land acquired,
8
cleared or improved with assistance provided under this Agreement,the Project Sponsor shall
cause or require a covenant running with the land to be inserted in the deed or lease for such
transfer, prohibiting discrimination as herein defined, in the sale, lease or rental,or in the use or
occupancy of such land,or in any improvements erected or to be erected thereon,providing that
the City and the United States are beneficiaries of and entitled to enforce such covenants.The
Project Sponsor,in undertaking its obligation to carry out the program assisted hereunder,
agrees to take such measures as are necessary to enforce such covenant,and will not itself so
discriminate.
4. Section 504
The Project Sponsor agrees to comply with any federal regulations issued pursuant to
compliance with Section 504 of the Rehabilitation Act of 1973,(29 U.S.C.706)which prohibits
discrimination against the disabled in any federally assisted program.The City shall provide the
Project Sponsor with any guidelines necessary for compliance with that portion of the
regulations in force during the term of this Agreement.
B. Affirmative Action
1. Approved Plan
The Project Sponsor agrees that it shall be committed to carrying out,pursuant to the
City's specifications,an Affirmative Action Program in keeping with the principles as provided in
Executive Order 11246 of September 24, 1965.The City can provide affirmative action guidelines
to the Project Sponsor to assist in the formulation of such a program.
2. W/MBE
The Project Sponsor will use its best efforts to afford minority and women-owned
business enterprises the maximum practicable opportunity to participate in the performance of
this Agreement.As used in this Agreement,the term"Minority and female business enterprise"
means a business that is at least fifty-one(51)percent owned and controlled by minority group
members or women. For the purpose of this definition, "minority group members"are African-
Americans,Spanish-speaking,Spanish surnamed or Spanish-heritage Americans,Asian-
Americans,and American Indians.The Project Sponsor may rely on written representations by
business enterprises in lieu of an independent investigation.
3. Access to Records
The Project Sponsor shall furnish and cause each of its sub-Project Sponsors to furnish
all information and reports required hereunder and will permit access to its books,records and
accounts by the City, HUD or its agent,or other authorized federal officials for purposes of
investigation to ascertain compliance with the rules,regulations and provisions stated here.
4. Notifications
The Project Sponsor will send to each labor union or representative of workers with
which it has a collective bargaining agreement or other contract or understanding,a notice,to be
provided by the agency contracting officer,advising the labor union or workers' representative of
the Project Sponsor's commitments hereunder,and shall post copies of the notice in conspicuous
places available to employee and applicants for employment.
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5. EEO/AA Statement
The Project Sponsor will state that it is an Equal Opportunity or Affirmative Action
employer in all solicitations or advertisements for employees placed by it or on its behalf.
6. Subcontract Provisions
The Project Sponsor will include the provision of Section IX.A.(Civil Rights),and B.
(Affirmative Action),of this Agreement in every subcontract or purchase order,specifically or by
reference, so that such provisions will be binding upon each sub-Project Sponsor or vendor.
C. Employment.and Contracting Provisions
1. Prohibited Activity
The Project Sponsor is prohibited from using funds provided herein or personnel
employed in the administration of the program for political activities,sectarian or religious
activities, lobbying, political patronage and nepotism activities.
2. Anti-Lobbying
The Project Sponsor hereby certifies that:
a. No 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 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 this
Agreement,the Project Sponsor shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying,"in accordance with its instructions.
c. The Project Sponsor shall require that the language of this certification be
included in the award documents for all sub-tier agreements(including
subcontracts,subgrants,and contracts under grants, loans and cooperative
agreements)and that all sub-tier parties shall certify and disclose accordingly.
3. OSHA
Where employees are engaged in activities not covered under the Occupations Safety
and Health Act of 1970,they shall not be required or permitted to work, be trained,or receive
services in buildings or surroundings or under working conditions which are unsanitary,
hazardous or dangerous to the participant's health or safety.
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4. Right to Know
Participants employed or trained for inherently dangerous occupations,i.e.,fire or
police jobs,shall be assigned to work in accordance with reasonable safety practices.
5. Labor Standards
The Project Sponsor agrees to comply with the requirements of the Secretary of Labor in
accordance with Federal Labor Standards Provisions,the Davis-Bacon Act,as amended,the
provisions of the Contract Work Hours and Safety Standards Act,the Copeland"Anti-Kickback"
Act and all other applicable federal,state and local laws and regulations pertaining to labor
standards insofar as those acts apply to the performance of this Agreement.The Project Sponsor
understands that such requirements are not limited to the work for which funding under this
Agreement is made available and agrees that all contractors engaged in contracts for
construction,renovation or repair of any building or work funded under this Agreement,as well
as work related in purpose,time and place to the work funded under this Agreement,shall
comply with federal requirements pertaining to such contracts.The Project Sponsor shall cause,
or require to be inserted,in all such contracts subject to such regulations,provisions meeting the
requirements of this paragraph and shall maintain documentation which demonstrates
compliance with hour and wage requirements.Such documentation shall be submitted to the
City.
6. Section 3
The Project Sponsor shall comply with the requirements of Section 3 of the Housing and
Urban Development Act of 1968 which requires that,to the greatest extent feasible,
employment and other economic opportunities generated by HUD financial assistance be
directed to low-and very low-income persons,particularly those who are recipients of
government assistance for housing,and to business concerns which provide economic
opportunities to such persons.
The Project Sponsor shall award contracts for work funded in whole or part under this
Agreement to the lowest and/or best bidder in accordance with the provisions of Section 3,
which allow qualifying business concerns to receive preference in the awarding of such contracts.
The Project Sponsor may rely on written representations by business concerns in lieu of
conducting independent investigations.The Project Sponsor agrees to include,monitor and
enforce the following clause(referred to as the Section 3 Clause)in such contracts where the
amount of assistance provided under this Agreement exceeds$100,000:
SECTION 3 CLAUSE
1. The work to be performed under this Contract is subject to the requirements of Section
3 of the Housing and Urban Development Act of 1968,as amended,12 U.S.C. 1701u
(Section 3).The purpose of Section 3 is to ensure that employment and other economic
opportunities generated by HUD assistance or HUD-assisted projects covered by Section
3,shall,to the greatest extent feasible,be directed to low-and very low-income
persons,particularly persons who are recipients of HUD assistance for housing.
2. The parties to this contract agree to comply with HUD's regulations in 24 CFR, Part 135,
which implement Section 3.As evidenced by their execution of this contract,the parties
to this contract certify that they are under no contractual or other impediment that
would prevent them from complying with the part 135 regulations.
3. The contractor agrees to send to each labor organization or representative of workers
with which the contractor has a collective bargaining agreement or other
understanding,if any,a notice advising the labor organization or workers'
representative of the contractor's commitments under this Section 3 clause,and will
post copies of the notice in conspicuous places at the work site where both employees
and applicants for training and employment positions can see the notice.The notice
shall describe the Section 3 preference,shall set forth minimum number and job titles
subject to hire,availability of apprenticeship and training positions,the qualifications for
each;and the name and location of the person(s)takingapplications for each of the
p O P
positions;and the anticipated date the work shall begin.
4. The contractor agrees to include this Section 3 clause in every subcontract subject to
compliance with regulations in 24 CFR,Part 135,and agrees to take appropriate action,
as provided in an applicable provision of the subcontract in this Section 3 clause,upon a
finding that the subcontractor is in violation of the regulations in 24 CFR, Part 135.The
contractor will not subcontract with any subcontractor where the contractor has notice
or knowledge that the subcontractor has been found in violation of the regulations in 24
CFR, Part 135.
5. The contractor will certify that any vacant employment positions,including training
positions,that are filled(1)after the contractor is selected but before the contract is
executed,and(2)with persons other than those to whom the regulations of 24 CFR,
Part 135 require employment opportunities to be directed,were not filled to circumvent
the contractor's obligations under 24 CFR, Part 135.
6. Noncompliance with HUD's regulations in 24 CFR, Part 135 may result in sanctions,
termination of this contract for default,and debarment or suspension from future HUD
assisted contracts.
7. With respect to work performed in connection with Section 3 covered Indian housing
assistance,Section 7(b)of the Indian Self-Determination and Education Assistance Act
(25 U.S.C.450e)also applies to the work to be performed under this contract.Section
7(b) requires that to the greatest extent feasible(i)preference and opportunities for
training and employment shall be given to Indians,and(ii)preference in the award of
contracts and subcontracts shall be given to Indian organizations and Indian-owned
Economic Enterprises. Parties to this contract that are subject to the provisions of
Section 3 and Section 7(b)agree to comply with Section 3 to the maximum extent
feasible,but not in derogation of compliance with Section 7(b).
If the amount of HUD financial assistance provided under this and other Agreements
with the City exceeds$200,000,the Project Sponsor has the responsibility to comply with Section
3 in its own operations,and ensure compliance in the operations of its contractors and
subcontractors.This responsibility includes but may not necessarily be limited to measures listed
at 24 CFR 135.32, "Responsibilities of the Recipient."
D. Conduct
1. Assignability
The Project Sponsor shall not assign or transfer any interest in this Agreement without
the prior written consent of the City thereto,provided,however,that claims for money due or to
become due to the Project Sponsor from the City under this Agreement may be assigned to a
bank,trust company or other financial institution without such approval. Notice of any such
assignment or transfer shall be furnished promptly to the City.
12
2. Hatch Act
The Project Sponsor agrees that no funds provided, nor personnel employed, under this
Agreement shall be in any way or to any extent engaged in the conduct of political activities in
violation of Chapter 15 of Title VI of the United States Code.
3. Conflict of Interest
The Project Sponsor agrees to abide by the provisions of 24 CFR 570.611 with respect to
conflicts of interest.The Project Sponsor further agrees that,in the performance of this
Agreement,no person having such a financial interest shall be employed or retained by the
Project Sponsor.These conflict of interest provisions apply to any person who is an employee,
agent,consultant,officer,or elected official or appointed official of the Project Sponsor or the
City,or of any designated public agencies or sub-Project Sponsors which are receiving funds
under the CDBG program.
4. Subcontracts
a. Approvals
The Project Sponsor shall not enter into any subcontracts with any agency or
individual in the performance of this Agreement without the written consent of the City
prior to the execution of such subcontract.
b. Monitoring
The Project Sponsor will monitor all subcontracted services on a regular basis
to assure compliance with the terms of this Agreement. Results of monitoring efforts
shall be summarized in the Project Sponsor's quarterly written report to the City and
supported with documented evidence of follow-up actions taken to correct areas of
noncompliance.
c. Content
The Project Sponsor shall cause all of the provisions of this Agreement in their
entirety to be included in and made a part of any subcontract executed in the
performance of this Agreement.
d. Selection Process
The Project Sponsor shall undertake to insure that all subcontracts let in the
performance of this Agreement shall be awarded on a fair and open competition basis.
Executed copies of all subcontracts shall be forwarded to the City along with
documentation concerning the selection process.
5. Copyright
If this Agreement results in any copyrightable materials,the City and/or grantor agency
reserves the right to royalty-free,nonexclusive and irrevocable license to reproduce,publish or
otherwise use and to authorize others to use the work for government purposes.
13
6. Religious Organization
The Project Sponsor agrees that funds provided under this Agreement will not be
utilized for religious activities,to promote religious interest, or for the benefit of a religious
organization in accordance with federal regulations specified in 24 CFR 570.200(j).
7. Drug-Free Workplace
The Project Sponsor shall comply with the Illinois Drug Free Workplace Act(30 ILCS
580/1,et seq.),and,if applicable,with the Federal Drug Free Workplace Act(41 U.S.C.Section
701,et seq.)
X. ENVIRONMENTAL CONDITIONS
The Project Sponsor shall cooperate with the City in its responsibilities pursuant to HUD's Environmental
review procedures,24 CFR 58,as amended,and shall permit the City or its designees or employees to conduct site
inspections,conduct appropriate tests,examination of applicable documents,and such other activities as the City
deems appropriate in order to fulfill its responsibilities in the implementation of the policies of the National
Environmental Policy Act of 1969 and related acts.The City shall not make any payments contemplated under this
Agreement until the environmental review process has been completed by the City in accordance with the 24 CFR
58, nor may any costs be incurred by the Project Sponsor until completion of the Environmental Review.The
Project Sponsor will be notified by the City when costs may begin to be incurred through the issuance of a written
Notice to Proceed.
A. Air,Water&Environment
The Project Sponsor agrees to comply with the following regulations insofar as they apply to the
performance of this Agreement:
1. The Clean Air Act(42 U.S.C., 1857,et seq.);
2. The Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.)as
amended;
3. Environmental Protection Agency(EPA)regulations pursuant to 40 CFR 50,as amended;
4. The National Environmental Policy Act of 1969;and
5. HUD Environmental Review Procedures(24 CFR 58).
B. Flood Disaster Protection
To the extent applicable,the Project Sponsor agrees to comply with the requirements of the
Flood Disaster Protection Act of 1973(42 U.S.C.4106)in regard to the sale, lease or other transfer of land
acquired,cleared or improved under the terms of this Agreement.
C. Lead-Based Paint
The Project Sponsor agrees that any construction or rehabilitation of structures with assistance
provided under this Agreement shall be subject to HUD lead-based paint regulations 24 CFR 35,et.al.,
dated September 15, 1999.
14
D. Historic Preservation
The Project Sponsor agrees to comply with the requirements set forth in the National Historic
Preservation Act of 1966(16 U.S.C.470),as amended,and the procedures set forth in 36 CFR 800 et seq.,
insofar as they apply to the performance of this Agreement.
Xl. EXECUTION
This Agreement may be executed in counterparts,each of which shall be an original and all of which shall
constitute one and the same agreement. For the purposes of executing this Agreement,any signed copy of this
Agreement transmitted by fax machine or e-mail shall be treated in all manners and respects as an original
document.The signature of any party on a copy of this Agreement transmitted by fax machine or e-mail shall be
considered for these purposes as an original signature and shall have the same legal effect as an original signature.
Any such faxed or e-mailed copy of this Agreement shall be considered to have the same binding legal effect as an
original document.At the request of either party any fax or e-mail copy of this Agreement shall be re-executed by
the parties in an original form. No party to this Agreement shall raise the use of fax machine or e-mail as a defense
to this Agreement and shall forever waive such defense.
is
IN WITNESS WHEREOF,the parties have executed this Agreement as of the date first written above.
For the City:
6-
Signature
Richard G. Kozal, City Manager
Name and Titl (Printed)
Attes •
Kimberly ewis, City Clerk
Date
For the Project Sponso :
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ignature
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Name and Title(Printed)
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Date
16
CITY OF ELGIN
COMMUNITY DEVELOPMENT PROGRAM
Exhibit A: Project Description,Tasks, Schedule, and Budget
Project Description and Tasks
The Project Sponsor will provide intensive wrap around services to extremely low-income individuals
within the City of Elgin that have significant mental health challenges and are either homeless(living on the
streets,in shelter or in tents)or are at risk for homelessness(living in unstable or unsuitable living environments).
The anticipated number of clients to be served during the term of this Agreement is 30,all of whom are expected
to be Elgin residents.The Project Sponsor shall be responsible for all tasks required to complete the project
described herein.Additional details concerning the project are described in the Project Sponsor's application for
funding,which is contained in the City's project file and incorporated into this Agreement by reference.
Project Schedule
The Project Sponsor shall complete the project described herein according to the following schedule:
Project Start Date August 1,2019
Submit 1st Request for Payment(for expenses incurred 8/1/19 to 1/31/20) February 28,2020
Submit 2"d Request for Payment(for expenses incurred 2/1/20 to 4/30/20) May 29,2020
Submit 3`d Request for Payment(for expenses incurred 5/1/20 to 7/31/20) August 31, 2020
Project Completion Date July 31, 2020
Project Budget
Expenses Other Sources* Elgin Total Cost
CDBG Funds
Utilities $6,510 $0 $6,510
Copier/Scanner $209 $0 $209
Office Supplies $0 $1,200 $1,200
Client Essentials(Provided such expenses are in $0 $4,800 $4,800
conformance with 24 CFR 570.207(b)(4).)
Cell Phones(for Case Managers) $0 $2,520 $2,520
Employee Mileage $0 $14,000 $14,000
Wireless Access Aircards(for laptop computers) $0 $500 $500
Case Managers(Wages/Fringes) $274,444 $0 $274,444
Program Manager(Wages/Fringes) $10,658 $0 $10,658
Program Director(Wages/Fringes) $3,680 $0 $3,680
Totals(and Proportional Share of Total Project Cost) $295,501(92.8%) $23,020(7.2%) $318,521
*By executing this Agreement,Project Sponsor certifies to City that the aforementioned funds from"Other Sources"are
available and hereby commits them to the project described herein.
17
ECKER.
•
Resolution No. 19-110 4
RESOLUTION
APPROVING THE 2019 ANNUAL ACTION PLAN, AUTHORIZING THE EXECUTION OF'
DOCUMENTS NECESSARY TO PARTICIPATE IN THE COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM, AND AUTHORIZING EXECUTION OF AN AMENDMENT
TO CDBG PROGRAM MANAGEMENT INTERGOVERNMENTAL AGREEMENT WITH
KANE COUNTY FOR PROGRAM MANAGEMENT SERVICES REGARDING THE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND THE
NEIGHBORHOOD STABILIZATION PROGRAM
WHEREAS, Title I of the Housing and Community Development Act of 1974 provides
Community Development Block Grant (CDBG) funding to units of local government for the
purpose of developing viable urban communities by providing decent housing, a suitable living
environment,and by expanding economic opportunities; and
WHEREAS, the CDBG Program is funded by the U.S. Department of Housing and Urban
Development(HUD)and is to be implemented in a manner consistent with priorities and strategies
identified in a Housing and Community Development Consolidated Plan; and
WHEREAS, such a plan, covering a five-year period including Program Years 2015
through 2019,was prepared and made available for public comment as required by the Kanc-Elgin
Consortium's Citizen Participation Plan; and
WHEREAS, it is necessary to approve an Annual Action Plan for Program Year 2019 in
order for the City to qualify for an annual allocation of CDBG funds from HUD; and
WHEREAS, it is desirable to amend an intergovernmental agreement with Kane County
to provide for the proper administration and management of the City's CDBG Program (and
Neighborhood Stabilization Program) during Program Year 2019.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That the 2019 Annual Action Plan,including the activities listed below,is hereby
approved:
1. Southeast Area Street Improvements
The City will resurface streets, make accessibility improvements to sidewalks, and correct
minor drainage and sewer deficiencies in the Gifford Park-Southeast Area neighborhood.
CDBG Funding: $450,000.00
Agency: City of Elgin Engineering Division
2. Roof Replacement
Senior Services Associates will replace the roof on their office building in downtown Elgin.
The agency delivers an array of social services to area seniors from the facility.
•
CDBG Funding: $11,907.00
Agency: Senior Services Associates
3. Elgin Community Support Team
Association for Individual Development (AID) will provide intensive wrap-around
services to individuals with significant mental health challenges. This program is delivered
in collaboration with the Elgin Police Department to specifically serve individuals who are
homeless or at-risk of homelessness.
CDBG Funding: $23,020.00
Agency: Association for Individual Development
4. Homeless Outreach and Engagement
Ecker Center will provide case management services to homeless adults identified through
Elgin's FUSE initiative and other means. Services will include the collection of identifying
information, assessment of mental status, treatment planning, case
management/community support services, crisis services, and referrals for
alcohol/substance abuse treatment.
CDBG Funding: $18,391.00
Agency: Ecker Center for Mental Health
5. Day Shelter Services
PADS of Elgin will provide daytime shelter services for homeless individuals, Monday
through Friday, 9 am to 4 pm. This service will complement their existing overnight
emergency shelter.
CDBG Funding: $31,000.00
Agency: PADS of Elgin
6. Affordable Housing Fund
The Affordable Housing Fund(AHF)will leverage multiple funding sources to support the
preservation and creation of affordable housing for households with incomes at or below
80% of the area median income ($71,300 for a family of four). CDBG funds will be used
to provide gap financing for the development of affordable rental and/or home-ownership
projects funding for affordable housing activities within the City of Elgin.
CDBG Funding: $263,892.00
Agency: Kane County Office of Community Reinvestment
7. Program Administration
CDBG funds will be used to cover costs associated with the administration of the CDBG
program, and expenses associated with administration of the Continuum of Care, which
facilitates the award of state and also
feldoezC �erding the tcost Elgin
ofagencies
ompletingthat
theserve
20the
20homeless
202�4
population. Lastly, funds will
Consolidated Plan.
CDBG Funding: $148,950.00
Agency: Kane County Office of Community Reinvestment
2
Section 2. That the above funding awards are conditioned on each agency's compliance
with applicable HUD requirements,and satisfaction of conditions outlined in the attachment to the
report and recommendation issued to the Mayor and Members of the City Council at the
Committee of the Whole meeting of June 26,2019.
. Section 3. That Richard G. Kozal,City Manager,be and is hereby authorized and directed
to execute such applications, agreements, certifications,reports, and other documents required by
HUD, and to provide additional information and furnish such documents
amended herein.e required by
HUD, to complete the activities described in the plans approved or
Section 4. That Richard G. Kozal, City Manager,be and is hereby authorized and directed
to execute Amendment #3 to CDBG Program Management Intergovernmental Agreement on
behalf of the City of Elgin with Kane County for program management services regarding the
Community Development Block Gr made a Program art andher the
of by Neighborhoodri Stabilization Program, a
an
copy of which is attached hereto p
ference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: July 24, 2019
Adopted: July 24, 2019
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberl Dewis
Kimberly Dewis, City Clerk
3
COMMUNITY DEVELOPMENT PROGRAM FUNDING AGREEMENT
BETWEEN CITY OF ELGIN,ILLINOIS
AND
ECKER CENTER FOR MENTAL HEALTH
THIS AGREEMENT,having an effective date of July 1,2019,is entered into by and between the City of
Elgin,Illinois(herein called the"City"),and Ecker Center for Mental Health(herein called the"Project Sponsor")
which has the following DUNS Number:010238855.
WHEREAS,the City is the recipient of Community Development Block Grant(herein called"CDBG")funds
from the United States Government to be used for housing and community development activities under Title I of
the Housing and Community Development Act of 1974(herein called the"Act"),Public Law 93-383;and
WHEREAS,the Catalog of Federal Domestic Assistance(CFDA)Number for said funds is 14-218 and they
were awarded by the U.S. Department of Housing and Urban Development(herein called"HUD")on June 1,2019,
as Award Number B-19-MC-17-0011,to support activities described in the City's Housing and Community
Development Annual Action Plan(herein called the"Plan")for Program Year 2019;and
WHEREAS,said Plan includes an activity to be undertaken and completed by the Project Sponsor and the
City wishes to engage the Project Sponsor in the utilization of said funds for said activity,which shall not include
Research and Development.
NOW,THEREFORE,the parties agree to the following:
STATEMENT OF WORK
A. Project Description,Tasks,Schedule,and Budget
The Project Sponsor shall complete the project described in Exhibit A. Funds provided herein
shall be used in the manner described in said exhibit,which includes a description of the project,the tasks
to be performed by the Project Sponsor,a schedule for completing the tasks,and a project budget.
B. National Objectives
The City has determined that the project identified herein meets one of the Community
Development Block Grant Program's National Objectives as defined in 24 CFR 570.208.The Project
Sponsor shall not make changes to the project,including its scope,location,or budget,without the City's
prior written approval.
C. Level of Accomplishment
The Project Sponsor shall be responsible for completing the project identified herein and shall
make all documentation associated with the completion of the project available for inspection by the City
and representatives of HUD.
i
D. Staffing
The Project Sponsor will be responsible for all normal administrative services and expenses not
funded under this Agreement but required in order to undertake the project identified herein.
E. Performance Monitoring
The City will monitor the performance of the Project Sponsor against goals and performance
standards established herein.Substandard performance as determined by the City will constitute
noncompliance with this Agreement. If action to correct such noncompliance is not taken by the Project
Sponsor within the period of time specified by the City in its notification to the Project Sponsor,the City
may initiate suspension or termination procedures.
II. TIME OF PERFORMANCE
The work being performed by the Project Sponsor hereunder shall be completed according to the project
schedule contained herein.This Agreement shall terminate 60 days after the project completion date. In
accordance with the amendment procedures set forth in Paragraph VI, however,the term of this Agreement and
the provisions herein may be extended to cover any additional time period during which the Project Sponsor is in
control of CDBG funds or other assets,including program income.
III. FUNDING
In consideration of the project to be completed by the Project Sponsor hereunder,the City shall pay to
the Project Sponsor up to$18,391.00 in CDBG funds received from HUD.Said funds shall be used by the Project
Sponsor for the payment of expenses eligible under the CDBG program and specifically listed in the project budget
contained in Exhibit A.The total amount disbursed by the City,however,shall not exceed the City's proportional
share(37%)of the actual cost of the project described in Exhibit A. Payments are contingent upon the Project
Sponsor's compliance with all applicable uniform administration requirements as set forth in 24 CFR 570.502.The
Project Sponsor agrees to utilize funds available under this Agreement to supplement rather than supplant funds
otherwise available.
IV. NOTICES
Communication and details concerning this Agreement shall be directed to the following individuals:
CITY PROJECT SPONSOR
Nisreen Wakileh,CoC Program Coordinator Steve Lindahl,Residential Services Manager
Kane County Office of Community Reinvestment Ecker Center for Mental Health
719 South Batavia Avenue 1845 Grandstand Place
Geneva IL 60134 Elgin IL 60123
Phone:630-232-3428 Phone:847-695-0484, Ext. 1411
Email:wakilehnisreen@countvofkane.org Email:slindahl@eckercenter.org
V. GENERAL CONDITIONS
A. General Compliance with Federal Regulations
The Project Sponsor agrees to comply with all applicable requirements of 24 CFR 570 concerning
CDBG funds,all applicable portions of OMB's Uniform Administrative Requirements,Cost Principles,and
Audit Requirements for Federal Awards,and all other federal requirements and policies issued pursuant
2
to federal regulations,including,but not limited to,those set forth in Sections VIII,IX and X of this
Agreement.The Project Sponsor shall be responsible for complying with all applicable changes or
additions to the requirements currently set forth in said regulations.The Project Sponsor agrees to
comply with all other applicable federal,state and local laws and regulations governing the funds
provided under this Agreement.
B. Independent Contractor
Nothing contained in this Agreement is intended to,or shall be construed in any manner,create
or establish the relationship of employer/employee between the parties.The Project Sponsor shall,at all
times, remain an independent contractor with respect to the services to be performed under this
Agreement.The City shall be exempt from payment of all Unemployment Compensation,FICA,
retirement,life and/or medical insurance and Worker's Compensation Insurance as the Project Sponsor is
an independent contractor.
C. Hold Harmless
The Project Sponsor shall hold harmless,defend,and indemnify the City from any and all claims,
actions,suits,charges and judgments whatsoever that arise out of Project Sponsor's performance or
nonperformance under this Agreement.
D. Workers'Compensation
The Project Sponsor shall ensure that Workers'Compensation Insurance coverage is provided for
all employees involved in the performance of this Agreement.
E. Insurance&Bonding
The Project Sponsor shall carry sufficient insurance coverage to protect Agreement assets from
loss due to theft,fraud and/or undue physical damage,and as a minimum shall purchase a blanket fidelity
bond covering all employees in an amount equal to cash advances from the City.The Project Sponsor shall
comply with the bonding and insurance requirements of OMB's Uniform Administrative Requirements,
Cost Principles,and Audit Requirements for Federal Awards.
F. Funding Disclosure
The Project Sponsor shall credit the City and HUD for funding the project identified herein by
including the following statement on any sign that may be erected at the project site,and in any
promotional material that may be published in connection to the project:"Support for this project has
been provided by the City of Elgin,through its Community Development Department,with federal funds
from the U.S.Department of Housing and Urban Development."
VI. AMENDMENTS
The parties may amend this Agreement at any time provided that such amendments make specific
reference to this Agreement,are executed in writing,and are signed by a duly authorized representative of both
parties and approved by either party's governing body to the extent required by state law,local charter or
otherwise. In addition,the City may,in its sole discretion,amend this Agreement to conform to federal,state or
local governmental guidelines,policies and available funding amounts. However,if any such amendments result in
a change in the funding,the scope of services,or the scheduling of services to be undertaken as part of this
Agreement such modifications will be incorporated only by written amendment signed by both parties.
3
VII. SUSPENSION AND TERMINATION
Either party may terminate this Agreement at any time by giving written notice to the other party at least
thirty(30)days before the effective date of such termination. However,any partial termination of the work to be
performed under this Agreement may only occur with the prior approval of the City.The City may also suspend or
terminate this Agreement,in whole or in part,if the Project Sponsor materially fails to comply with any term of
this Agreement,or with any of the rules,regulations or provisions referred to herein. In such event,the City may
declare the Project Sponsor ineligible for any future participation in City contracts,in addition to other remedies as
provided by law. In the event there is probable cause to believe the Project Sponsor is in noncompliance with any
applicable rules or regulations,the City may suspend payment of Agreement funds until such time as the Project
Sponsor is found to be in compliance by the City or is otherwise adjudicated to be in compliance.In the event of
any termination,all finished or unfinished documents,data,reports,maps, models,photographs or other
materials prepared by the Project Sponsor under this Agreement shall,at the option of the City,become the
property of the City.In the event of termination,the Project Sponsor shall be entitled to receive just and equitable
compensation for any satisfactory work completed prior to the termination.The City shall be entitled to the
repayment of any payments made to the Project Sponsor over and above that to which it is entitled as just and
equitable compensation for satisfactory work completed.
VIII. ADMINISTRATIVE REQUIREMENTS
A. Financial Management
1. Accounting Standards
The Project Sponsor agrees to comply with OMB's Uniform Administrative
Requirements,Cost Principles,and Audit Requirements for Federal Awards and adhere to the
accounting principles and procedures required therein,to utilize adequate internal controls,and
to maintain necessary source documentation for all costs incurred.
2. Cost Principles
The Project Sponsor shall administer its program in conformance with OMB's Uniform
Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards,as
applicable,for all costs incurred.
B. Documentation and Record Keeping
1. Records To Be Maintained
The Project Sponsor shall maintain all records required by federal regulations as
specified in 24 CFR 570.506,as they are pertinent to the activities to be funded under this
Agreement.Such records shall include,but not be limited to:
a. Records providing a full description of the activity undertaken;
b. Records demonstrating that each activity undertaken meets one of the national
objectives of the CDBG program,as set forth in 24 CFR 570.208;namely,
benefiting low/moderate income persons,aiding in the prevention or
elimination of slums or blight,and meeting community development needs
that have a particular urgency;
c. Records required to determine the eligibility of activities;
d. Records required to document the acquisition,improvements,use or
4
disposition of any real property acquired or improved with CDBG assistance;
e. Records documenting compliance with the fair housing and equal opportunity
components of the CDBG program to the extent applicable;
f. Financial records as required by 24 CFR 570.502;and
g. Other records necessary to document any required compliance with 24 CFR
570.600-570.612.
2. Retention
The Project Sponsor shall retain all records pertinent to expenditures incurred under
this Agreement for a period of five(5)years after the termination of all activities funded under
this Agreement,or after the resolution of all federal audit findings,whichever occurs later.
Records for non-expendable property acquired with funds under this Agreement shall be
retained for five(5)years after final disposition of such property.Records for any displaced
person must be kept for five(5)years after he/she has received final payment.Contact the City
before disposing of any records related to this Agreement.
3. Client Data
The Project Sponsor shall maintain client data demonstrating client eligibility for
services provided and any other demographic information requested in the City's quarterly
performance report.Such data shall include,but not be limited to,client name,address,income
level(or other basis for determining eligibility),demographic information, and description of
service provided.Such information shall be made available to the City monitors or their
designees for review upon request.
4. Disclosure
The Project Sponsor understands that client information collected under this Agreement
is private and the use or disclosure of such information,when not directly in connection with the
administration of the City's or the Project Sponsor's responsibilities with respect to services
provided under this Agreement is prohibited without the written consent of the resident
involved and, in the case of a minor,that of a responsible parent/guardian,except to the extent
such use or disclosure is required by applicable federal,state or local law.
5. Property Records
The Project Sponsor shall maintain real property inventory records,which clearly
identify any properties purchased, improved or sold with project funds.Properties retained shall
continue to meet eligibility criteria and shall comply with the"changes in use"restriction
specified in 24 CFR 570.503(b)(8).
6. National Objectives
The Project Sponsor agrees to maintain documentation that demonstrates that the
activities carried out with funds provided under this Agreement meet one or more of the CDBG
program's national objectives(benefit low/moderate income persons;aid in the prevention or
elimination of slums or blight;and meet community development needs that have a particular
urgency)as defined in 24 CFR 570.208.
s
7. Close-Outs
The Project Sponsor's obligation to the City shall not end until all close-out requirements
are completed,as set forth in 24 CFR 570.509.Activities during this close-out period shall include,
but not be limited to,making final payments,disposing of program assets(including the return of
all unspent cash advances and program income balances to the City),and determining the
custodianship of records.
8. Asset Reversion
Upon expiration of this Agreement,the Project Sponsor shall transfer to the City all
grant funds in its possession,and any accounts receivable of the project attributable to grant
funds.
At the time of project closeout,the City shall determine the appropriate disposition of
any equipment purchased with funds provided herein.The City shall permit the Project Sponsor
to retain title to such equipment,if the Project Sponsor assures the City that it intends to
continue the project for a period of not less than five years following closeout.
9. Audits
The Project Sponsor shall comply with OMB's Uniform Administrative Requirements,
Cost Principles,and Audit Requirements for Federal Awards,and shall obtain,at its own expense,
any required audit(s).Audits shall be performed by an independent auditor in accordance with
generally accepted governmental auditing standards covering financial and compliance audits.
Audits shall include,in addition to the financial statement(s)of the Project Sponsor,auditor's
comments regarding the Project Sponsor's compliance and internal controls pertaining to the
expenditure of grant funds.The Project Sponsor shall submit one certified copy of each required
audit report to the City no later than six months following the close of the Project Sponsor's fiscal
year for single audits;and not later than six months following project closeout for grant audits.
10. Records Inspections
All of the Project Sponsor's records with respect to any matters covered by this
Agreement shall be made available to the City,or its designees,or HUD,or its designees,at any
time during normal business hours,as often as deemed necessary,in order to audit,examine,or
make excerpts or transcripts of all relevant data.Any deficiencies noted in audit reports must be
fully cleared by the Project Sponsor within thirty(30)days after receipt by the Project Sponsor.
Failure by the Project Sponsor to comply with the above requirements will constitute a violation
of this Agreement and may result in the withholding of future payments.Specifically,all rights
and remedies regarding performance reviews as set forth in 24 CFR 570.900-570.913 shall be
available to the City and to HUD or their designees.
C. Reporting and Payment Procedures
1. Payment Procedures
In consideration of the work performed hereunder,the City will pay the Project Sponsor
with CDBG funds available under this Agreement for eligible costs,consistent with the project
budget contained herein(see Exhibit A),and based on requests submitted by the Project Sponsor
on forms provided by the City.Such requests shall be accompanied by the appropriate receipts,
6
invoices,canceled checks,and/or other documentation required by the City.The Project Sponsor
may not request the disbursement of CDBG funds under this Agreement until the funds are
needed for the payment of eligible costs.The amount of each request must be limited to the
amount needed for such costs at the time the request is submitted to the City.Advance
disbursements of CDBG funds are not permitted under this Agreement.
The presentation of requests for the disbursement of CDBG funds on the part of the
Project Sponsor shall constitute a warranty and representation by the Project Sponsor to the City
that the amounts requested are elements of the project budget contained herein;that all such
amounts are required for the payment of eligible costs that were actually incurred by the Project
Sponsor;and that the Project Sponsor will use the amounts requested only for eligible purposes
under this Agreement. Prior to any disbursement of CDBG funds by the City,it reserves the right
to perform an independent review of any and all documentation and/or inspect the project
site(s)to independently determine that such disbursement is justified.If the City is dissatisfied
with the documentation submitted,or the status of the work performed hereunder,it may
require the Project Sponsor to submit further documentation or perform additional work before
it makes any further disbursements under this Agreement.The City reserves the right to reduce
funds available under this Agreement for any costs incurred by the City on behalf of the Project
Sponsor to complete the project to the City's satisfaction.Finally,the City shall not be required to
make any disbursements of CDBG funds to the Project Sponsor if the City is not legally capable or
permitted by law to make such disbursements.
2. Program Income
Program income,as defined at 24 CFR 570.500(a),generated by activities carried out
with CDBG funds made available under this Agreement,shall be remitted by the Project Sponsor
to the City within 30 days of receipt by the Project Sponsor.
3. Indirect Costs
Indirect costs are not eligible for reimbursement under this Agreement.
4. Performance Reports
The Project Sponsor shall submit quarterly performance reports to the City,using forms
provided by the City,for the duration of this Agreement.Said performance reports shall be
submitted according to the following schedule:
a. Report for June 1 through August 31 due on September 15;
b. Report for September 1 through November 30 due on December 15;
c. Report for December 1 through February 28/29 due on March 15;and
d. Report for March 1 through May 31 due on June 15.
D. Procurement
1. Standards of Procurement
The Project Sponsor shall comply with applicable federal,state,and local requirements
regarding contracting and the purchase of goods and services necessary to complete the project
identified herein.The Project Sponsor shall obtain the City's approval prior to publishing bidding
notices,distributing bidding documents,and executing contracts and change orders necessary
7
for the completion of said project.The cover page of all bid packets for work financed with funds
provided herein shall bear the following statement(s):"This contracting opportunity has been
made possible,in part,by the City of Elgin,through its Community Development Department,
with federal funds provided by the U.S.Department of Housing and Urban Development.
Section 3 Businesses and Minority/Women-Owned Businesses are encouraged to bid on this
project."If applicable,such statement shall be followed by the following: "Federal prevailing
wage requirements apply to this contract."
The Project Sponsor shall maintain an inventory record of any non-expendable personal
property procured with funds provided herein.All program assets(unexpended program income,
property,equipment,etc.)shall revert to the City upon termination of this Agreement in
accordance with Section VIII. B.8.of this Agreement.
2. Travel
The Project Sponsor shall obtain written approval from the City for any travel expenses
it intends to cover with funds provided under this Agreement.
3. Relocation,Acquisition and Displacement
The Project Sponsor agrees to comply with 24 CFR 570.606 and OMB's Uniform
Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards
relating to the acquisition and disposition of all real property utilizing grant funds and to any
displacement of persons,businesses,non-profit organizations and farms occurring as a direct
result of any acquisition of real property utilizing grant funds.The Project Sponsor further agrees
to comply with any applicable ordinances,resolutions and/or policies concerning displacement of
individuals from their residences.
IX. PERSONNEL AND PARTICIPANT CONDITIONS
A. Civil Rights
1. Compliance
The Project Sponsor agrees to comply with all the requirements set forth in 24 CFR
570.600, including,but not limited to,compliance with Title VI of the Civil Rights Act of 1964,as
amended,Title VIII of the Civil Rights Act of 1968,as amended,Section 109 of Title I of the
Housing and Community Development Act of 1974,Executive Order 11063,and Executive Order
11246,as amended by Executive Order 12086.The Project Sponsor also agrees to comply with all
applicable provisions of the Americans with Disabilities Act of 1990.
2. Nondiscrimination
The Project Sponsor will not discriminate against any employee or applicant for
employment because of race,color,creed, religion,ancestry,national origin,sex,disability or
other handicap,age,marital status,or status with regard to public assistance.
3. Land Covenants
This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964
(P.L.88-352)and 24 CFR 570.With regard to the sale,lease,or other transfer of land acquired,
8
cleared or improved with assistance provided under this Agreement,the Project Sponsor shall
cause or require a covenant running with the land to be inserted in the deed or lease for such
transfer, prohibiting discrimination as herein defined,in the sale,lease or rental,or in the use or
occupancy of such land,or in any improvements erected or to be erected thereon, providing that
the City and the United States are beneficiaries of and entitled to enforce such covenants.The
Project Sponsor,in undertaking its obligation to carry out the program assisted hereunder,
agrees to take such measures as are necessary to enforce such covenant,and will not itself so
discriminate.
4. Section 504
The Project Sponsor agrees to comply with any federal regulations issued pursuant to
compliance with Section 504 of the Rehabilitation Act of 1973,(29 U.S.C.706)which prohibits
discrimination against the disabled in any federally assisted program.The City shall provide the
Project Sponsor with any guidelines necessary for compliance with that portion of the
regulations in force during the term of this Agreement.
B. Affirmative Action
1. Approved Plan
The Project Sponsor agrees that it shall be committed to carrying out, pursuant to the
City's specifications,an Affirmative Action Program in keeping with the principles as provided in
Executive Order 11246 of September 24,1965.The City can provide affirmative action guidelines
to the Project Sponsor to assist in the formulation of such a program.
2. W/MBE
The Project Sponsor will use its best efforts to afford minority and women-owned
business enterprises the maximum practicable opportunity to participate in the performance of
this Agreement.As used in this Agreement,the term"Minority and female business enterprise"
means a business that is at least fifty-one(51) percent owned and controlled by minority group
members or women. For the purpose of this definition,"minority group members"are African-
Americans,Spanish-speaking,Spanish surnamed or Spanish-heritage Americans,Asian-
Americans,and American Indians.The Project Sponsor may rely on written representations by
business enterprises in lieu of an independent investigation.
3. Access to Records
The Project Sponsor shall furnish and cause each of its sub-Project Sponsors to furnish
all information and reports required hereunder and will permit access to its books,records and
accounts by the City, HUD or its agent,or other authorized federal officials for purposes of
investigation to ascertain compliance with the rules,regulations and provisions stated here.
4. Notifications
The Project Sponsor will send to each labor union or representative of workers with
which it has a collective bargaining agreement or other contract or understanding,a notice,to be
provided by the agency contracting officer,advising the labor union or workers'representative of
the Project Sponsor's commitments hereunder,and shall post copies of the notice in conspicuous
places available to employee and applicants for employment.
9
5. EEO/AA Statement
The Project Sponsor will state that it is an Equal Opportunity or Affirmative Action
employer in all solicitations or advertisements for employees placed by it or on its behalf.
6. Subcontract Provisions
The Project Sponsor will include the provision of Section IX.A.(Civil Rights),and B.
(Affirmative Action),of this Agreement in every subcontract or purchase order,specifically or by
reference,so that such provisions will be binding upon each sub-Project Sponsor or vendor.
C. Employment and Contracting Provisions
1. Prohibited Activity
The Project Sponsor is prohibited from using funds provided herein or personnel
employed in the administration of the program for political activities,sectarian or religious
activities,lobbying,political patronage and nepotism activities.
2. Anti-Lobbying
The Project Sponsor hereby certifies that:
a. No 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 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 this
Agreement,the Project Sponsor shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying,"in accordance with its instructions.
c. The Project Sponsor shall require that the language of this certification be
included in the award documents for all sub-tier agreements(including
subcontracts,subgrants,and contracts under grants,loans and cooperative
agreements)and that all sub-tier parties shall certify and disclose accordingly.
3. OSHA
Where employees are engaged in activities not covered under the Occupations Safety
and Health Act of 1970,they shall not be required or permitted to work,be trained,or receive
services in buildings or surroundings or under working conditions which are unsanitary,
hazardous or dangerous to the participant's health or safety.
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4. Right to Know
Participants employed or trained for inherently dangerous occupations,i.e.,fire or
police jobs,shall be assigned to work in accordance with reasonable safety practices.
5. Labor Standards
The Project Sponsor agrees to comply with the requirements of the Secretary of Labor in
accordance with Federal Labor Standards Provisions,the Davis-Bacon Act,as amended,the
provisions of the Contract Work Hours and Safety Standards Act,the Copeland "Anti-Kickback"
Act and all other applicable federal,state and local laws and regulations pertaining to labor
standards insofar as those acts apply to the performance of this Agreement.The Project Sponsor
understands that such requirements are not limited to the work for which funding under this
Agreement is made available and agrees that all contractors engaged in contracts for
construction,renovation or repair of any building or work funded under this Agreement,as well
as work related in purpose,time and place to the work funded under this Agreement,shall
comply with federal requirements pertaining to such contracts.The Project Sponsor shall cause,
or require to be inserted,in all such contracts subject to such regulations,provisions meeting the
requirements of this paragraph and shall maintain documentation which demonstrates
compliance with hour and wage requirements.Such documentation shall be submitted to the
City.
6. Section 3
The Project Sponsor shall comply with the requirements of Section 3 of the Housing and
Urban Development Act of 1968 which requires that,to the greatest extent feasible,
employment and other economic opportunities generated by HUD financial assistance be
directed to low-and very low-income persons,particularly those who are recipients of
government assistance for housing,and to business concerns which provide economic
opportunities to such persons.
The Project Sponsor shall award contracts for work funded in whole or part under this
Agreement to the lowest and/or best bidder in accordance with the provisions of Section 3,
which allow qualifying business concerns to receive preference in the awarding of such contracts.
The Project Sponsor may rely on written representations by business concerns in lieu of
conducting independent investigations.The Project Sponsor agrees to include,monitor and
enforce the following clause(referred to as the Section 3 Clause)in such contracts where the
amount of assistance provided under this Agreement exceeds$100,000:
SECTION 3 CLAUSE
1. The work to be performed under this Contract is subject to the requirements of Section
3 of the Housing and Urban Development Act of 1968,as amended,12 U.S.C. 1701u
(Section 3).The purpose of Section 3 is to ensure that employment and other economic
opportunities generated by HUD assistance or HUD-assisted projects covered by Section
3,shall,to the greatest extent feasible,be directed to low-and very low-income
persons,particularly persons who are recipients of HUD assistance for housing.
2. The parties to this contract agree to comply with HUD's regulations in 24 CFR, Part 135,
which implement Section 3.As evidenced by their execution of this contract,the parties
to this contract certify that they are under no contractual or other impediment that
would prevent them from complying with the part 135 regulations.
3. The contractor agrees to send to each labor organization or representative of workers
with which the contractor has a collective bargaining agreement or other
understanding,if any,a notice advising the labor organization or workers'
representative of the contractor's commitments under this Section 3 clause,and will
post copies of the notice in conspicuous places at the work site where both employees
and applicants for training and employment positions can see the notice.The notice
shall describe the Section 3 preference,shall set forth minimum number and job titles
subject to hire,availability of apprenticeship and training positions,the qualifications for
each;and the name and location of the person(s)taking applications for each of the
positions;and the anticipated date the work shall begin.
4. The contractor agrees to include this Section 3 clause in every subcontract subject to
compliance with regulations in 24 CFR,Part 135,and agrees to take appropriate action,
as provided in an applicable provision of the subcontract in this Section 3 clause, upon a
finding that the subcontractor is in violation of the regulations in 24 CFR,Part 135.The
contractor will not subcontract with any subcontractor where the contractor has notice
or knowledge that the subcontractor has been found in violation of the regulations in 24
CFR, Part 135.
5. The contractor will certify that any vacant employment positions,including training
positions,that are filled(1)after the contractor is selected but before the contract is
executed,and(2)with persons other than those to whom the regulations of 24 CFR,
Part 135 require employment opportunities to be directed,were not filled to circumvent
the contractor's obligations under 24 CFR,Part 135.
6. Noncompliance with HUD's regulations in 24 CFR, Part 135 may result in sanctions,
termination of this contract for default,and debarment or suspension from future HUD
assisted contracts.
7. With respect to work performed in connection with Section 3 covered Indian housing
assistance,Section 7(b)of the Indian Self-Determination and Education Assistance Act
(25 U.S.C.450e)also applies to the work to be performed under this contract.Section
7(b) requires that to the greatest extent feasible(i)preference and opportunities for
training and employment shall be given to Indians,and(ii)preference in the award of
contracts and subcontracts shall be given to Indian organizations and Indian-owned
Economic Enterprises. Parties to this contract that are subject to the provisions of
Section 3 and Section 7(b)agree to comply with Section 3 to the maximum extent
feasible,but not in derogation of compliance with Section 7(b).
If the amount of HUD financial assistance provided under this and other Agreements
with the City exceeds$200,000,the Project Sponsor has the responsibility to comply with Section
3 in its own operations,and ensure compliance in the operations of its contractors and
subcontractors.This responsibility includes but may not necessarily be limited to measures listed
at 24 CFR 135.32,"Responsibilities of the Recipient."
D. Conduct
1. Assignability
The Project Sponsor shall not assign or transfer any interest in this Agreement without
the prior written consent of the City thereto,provided,however,that claims for money due or to
become due to the Project Sponsor from the City under this Agreement may be assigned to a
bank,trust company or other financial institution without such approval.Notice of any such
assignment or transfer shall be furnished promptly to the City.
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2. Hatch Act
The Project Sponsor agrees that no funds provided,nor personnel employed,under this
Agreement shall be in any way or to any extent engaged in the conduct of political activities in
violation of Chapter 15 of Title VI of the United States Code.
3. Conflict of Interest
The Project Sponsor agrees to abide by the provisions of 24 CFR 570.611 with respect to
conflicts of interest.The Project Sponsor further agrees that,in the performance of this
Agreement,no person having such a financial interest shall be employed or retained by the
Project Sponsor.These conflict of interest provisions apply to any person who is an employee,
agent,consultant,officer,or elected official or appointed official of the Project Sponsor or the
City,or of any designated public agencies or sub-Project Sponsors which are receiving funds
under the CDBG program.
4. Subcontracts
a. Approvals
The Project Sponsor shall not enter into any subcontracts with any agency or
individual in the performance of this Agreement without the written consent of the City
prior to the execution of such subcontract.
b. Monitoring
The Project Sponsor will monitor all subcontracted services on a regular basis
to assure compliance with the terms of this Agreement.Results of monitoring efforts
shall be summarized in the Project Sponsor's quarterly written report to the City and
supported with documented evidence of follow-up actions taken to correct areas of
noncompliance.
c. Content
The Project Sponsor shall cause all of the provisions of this Agreement in their
entirety to be included in and made a part of any subcontract executed in the
performance of this Agreement.
d. Selection Process
The Project Sponsor shall undertake to insure that all subcontracts let in the
performance of this Agreement shall be awarded on a fair and open competition basis.
Executed copies of all subcontracts shall be forwarded to the City along with
documentation concerning the selection process.
5. Copyright
ri ht
If this Agreement results in any copyrightable materials,the City and/or grantor agency
reserves the right to royalty-free,nonexclusive and irrevocable license to reproduce,publish or
otherwise use and to authorize others to use the work for government purposes.
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6. Religious Organization
The Project Sponsor agrees that funds provided under this Agreement will not be
utilized for religious activities,to promote religious interest,or for the benefit of a religious
organization in accordance with federal regulations specified in 24 CFR 570.200(j).
7. Drug-Free Workplace
The Project Sponsor shall comply with the Illinois Drug Free Workplace Act(30 ILCS
580/1,et seq.),and,if applicable,with the Federal Drug Free Workplace Act(41 U.S.C.Section
701,et seq.)
X. ENVIRONMENTAL CONDITIONS
The Project Sponsor shall cooperate with the City in its responsibilities pursuant to HUD's Environmental
review procedures,24 CFR 58,as amended,and shall permit the City or its designees or employees to conduct site
inspections,conduct appropriate tests,examination of applicable documents,and such other activities as the City
deems appropriate in order to fulfill its responsibilities in the implementation of the policies of the National
Environmental Policy Act of 1969 and related acts.The City shall not make any payments contemplated under this
Agreement until the environmental review process has been completed by the City in accordance with the 24 CFR
58,nor may any costs be incurred by the Project Sponsor until completion of the Environmental Review.The
Project Sponsor will be notified by the City when costs may begin to be incurred through the issuance of a written
Notice to Proceed.
A. Air,Water&Environment
The Project Sponsor agrees to comply with the following regulations insofar as they apply to the
performance of this Agreement:
1. The Clean Air Act(42 U.S.C., 1857,et seq.);
2. The Federal Water Pollution Control Act as amended(33 U.S.C. 1251 et seq.)as
amended;
3. Environmental Protection Agency(EPA)regulations pursuant to 40 CFR 50,as amended;
4. The National Environmental Policy Act of 1969;and
5. HUD Environmental Review Procedures(24 CFR 58).
B. Flood Disaster Protection
To the extent applicable,the Project Sponsor agrees to comply with the requirements of the
Flood Disaster Protection Act of 1973(42 U.S.C.4106)in regard to the sale,lease or other transfer of land
acquired,cleared or improved under the terms of this Agreement.
C. Lead-Based Paint
The Project Sponsor agrees that any construction or rehabilitation of structures with assistance
provided under this Agreement shall be subject to HUD lead-based paint regulations 24 CFR 35,et.al.,
dated September 15, 1999.
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D. Historic Preservation
The Project Sponsor agrees to comply with the requirements set forth in the National Historic
Preservation Act of 1966(16 U.S.C.470),as amended,and the procedures set forth in 36 CFR 800 et seq.,
insofar as they apply to the performance of this Agreement.
Xl. EXECUTION
This Agreement may be executed in counterparts,each of which shall be an original and all of which shall
constitute one and the same agreement.For the purposes of executing this Agreement,any signed copy of this
Agreement transmitted by fax machine or e-mail shall be treated in all manners and respects as an original
document.The signature of any party on a copy of this Agreement transmitted by fax machine or e-mail shall be
considered for these purposes as an original signature and shall have the same legal effect as an original signature.
Any such faxed or e-mailed copy of this Agreement shall be considered to have the same binding legal effect as an
original document.At the request of either party any fax or e-mail copy of this Agreement shall be re-executed by
the parties in an original form.No party to this Agreement shall raise the use of fax machine or e-mail as a defense
to this Agreement and shall forever waive such defense.
is
IN WITNESS WHEREOF,the parties have executed this Agreement as of the date first written above.
For the City:
Signature
Richard G. Kozal,City Manager
Name and Ti le( inted)
Attest: 't>(, (2)
Kimberly ewis,City Clerk
Date
For the Project Sponsor:
Narhe an Title(Printed)
2/ z7 / zo2.o
Date
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CITY OF ELGIN
COMMUNITY DEVELOPMENT PROGRAM
Exhibit A: Project Description,Tasks, Schedule,and Budget
Project Description and Tasks
The Project Sponsor will provide case management services to homeless adults identified through Elgin's
FUSE initiative and other means with the goal of connecting unsheltered individuals to housing and services.
Services will include the collection of identifying information,assessment of mental status,treatment planning,
case management/community support services,crisis services,and referrals for alcohol/substance abuse
treatment.The anticipated number of clients to be served during the term of this Agreement is 40,all of whom are
expected to be Elgin residents.The Project Sponsor shall be responsible for all tasks required to complete the
project described herein.Additional details concerning the project are described in the Project Sponsor's
application for funding,which is contained in the City's project file and incorporated into this Agreement by
reference.
Project Schedule
The Project Sponsor shall complete the project described herein according to the following schedule:
Project Start Date July 1,2019
Submit 1st Request for Payment(for expenses incurred 7/1/19 to 12/31/19) February 28,2020
Submit 2nd Request for Payment(for expenses incurred 1/1/20 to 3/31/20) April 30,2020
Submit 3`d Request for Payment(for expenses incurred 4/1/20 to 6/30/20) July 31,2020
Project Completion Date June 30,2020
Project Budget
Project State of IL Kane County Elgin CDBG Total Cost
Expenses Sponsor* ESG* HMIS*
I
Case Manager Wages/Fringes $2,718 $25,000 $0 $10,500 $38,218
(30 hours/week)
Supervisor Wages/Fringes $2,500 $0 $0 $0 $2,500
(1 hour/week)
Travel $0 $0 $0 $3,000 $3,000
Laptop Computer $0 $0 $0 $1,500 $1,500
Cell Phone $0 $0 $0 $800 $800
Office Supplies/Postage $0 $0 $0 $1,200 $1,200
HMIS(1 license+support) $0 $0 $1,391 $1,391 $2,782
Totals(and Proportional Share of $5,218(10%) $25,000(50%) $1,391(3%) $18,391(37%) $50,000
Total Project Cost) 1
*By executing this Agreement,Project Sponsor certifies to City that the aforementioned funds from the named sources are
available and hereby commits them to the project described herein.
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