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09-4
. a, Resolution No. 09-4 RESOLUTION AUTHORIZING EXECUTION OF A COMMUN TY DEVELOPMENT BLOCK GRANT SUB-RECIPIENT AGREE ENT WITH THE RENZ ADDICTION COUNSELING CENTER BE IT RESOLVED BY THE CITY COUNCIL OF TH: CITY OF ELGIN,ILLINOIS,that Olufemi Folarin,City Manager,and Diane Robertson,City Cle k,be and are hereby authorized and directed to execute a community development block grant agre-ment on behalf of the City of Elgin with the Renz Addiction Counseling Center for an office remodeling project, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Sc ock, Mayor Presented: January 14, 2009 Adopted: January 14, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk 1, AGREEMENT BETWEEN THE CITY OF ELG AND RENZ ADDICTION COUNSELING I ENTER This AGREEMENT is entered into as of the i'lfSal day of I'/, ,•1 JJ/ , 200 , by and between the CITY OF ELGIN, an Illinois municipal corporation (herei 'after calle•fGRANTE " or "CITY") and Renz Addiction Counseling Center, a not-for-profit corporation incorpo ated pursuant to the laws of the State of Illinois, (hereinafter called "SUB-REC II'IENT") having a principal place of business at Two American Way, Elgin, Illinois 60120. I. RECITALS A. CITY has applied for Community Development .lock Grant funds (hereinafter referred to as "CDBG funds") from the United States Department of Housing and Urban Development (hereinafter called "HUD") as pro i.ded by the Housing and Community Development Act of 1974, as amended(P.L. 93-38 ) (hereinafter called "ACT"). B. CITY has considered and approved the applica ion of SUB-RECIPIENT for CDBG funds allotted to CITY for distribution to SUB-RE IPIENT. C. The CITY and SUB-RECIPIENT enter into this • greement pursuant to their respective powers to enter into such Agreements, as thos- powers are defined in the Illinois Constitution and applicable statutes. II. SCOPE OF THE PROJECT A. SUB-RECIPIENT hereby agrees to perform, in a timely fashion, the activities provided for herein, and those previously defined in the ap.lication and project description dated December 21, 2007, submitted by the SUB-' I CIPIENT entitled "Investing in the Community Capital Campaign", a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference. The SUB RECIPIENT was awarded grants for Fiscal Year(FY) 2008. B. All funding provided to SUB-RECIPIENT shall b: used solely to rehabilitate two offices at One American Way, Elgin, Illinois, 60120. Tho aforementioned project serves at least 51% low and moderate income persons as defin:d by 24 CFR 570.208 (a) (2) (i) (A). Such funding shall be used as defined herein. T e work items are listed in the Project Application and attached as part of Exhibit "• ". The work shall include; 1) the rehabilitation of two office suites on the second oor to house prevention programs and staff, 2) other costs associated with the above act vities as are consistent with the scope and intent of the PROJECT and are pre-approved oy CITY staff. C. The SUB-RECIPIENT shall comply with administrative and procurement requirements 1 C. The SUB-RECIPIENT shall comply with administr.tive and procurement requirements as applied to the Community Development Block G ant program in accordance with 24 CFR 85: 1. The Bid Specifications shall include all specifications and pertinent attachments and shall define the items or services in order for the bidder to properly respond. 2. The SUB-RECIPIENT shall submit the B d Specifications and plans to the City's Community Development Depart ent for staffs approval prior to advertising in a newspaper and the Dodge Construction News. 3. The SUB-RECIPIENT shall include in the invitation for bids, the statement "Minorities and women contractors are encouraged to submit bids." The SUB- RECIPIENT shall purchase a 1" x 3" spa e in the Dodge Construction News Classified Section specifically inviting MBE WBE firms to submit bids. 4. All bids will be publicly opened at the time .nd place prescribed in the invitation for bids. 5. The SUB-RECIPIENT shall provide the City's Community Development Department with a copy of the classified ad ertisement and the results from the bid opening. 6. The contract award will be awarded, in iting, to the lowest responsive and responsible bidder. Any or all bids m. be rejected, if there are sound documented reasons. D. The SUB-RECIPIENT shall comply with the Fed:ral Labor Standards and Prevailing Wage Rates as applied to the Community Devi lopment Block Grant Program in accordance with Title 29 of the Code of Federal Reg lations, Part 5: 1. After the start of the described work, the S :-RECIPIENT shall provide to the City's Community Development Depart ent staff, weekly reports of the contractor and/or subcontractors at the jo. site. The SUB-RECIPIENT shall conduct employee interviews of the contractor and/or subcontractors at the job site. 2. Originals of all documents required for compliance with the Federal Labor Standards shall be supplied to the City's Coir unity Development Department. 3. SUB-RECIPIENT shall erect a sign in . prominent place at the job site crediting the City of Elgin and HUD for f ding of the PROJECT by including the following statement: "Funding for the Project has been provided, in part, by the City of Elgin from the U.S. Department--of--Housing----and-- rban--Development's---Cornmunity- --- -- Development Block Grant Program." E. The SUB-RECIPIENT shall provide a Progress Report to the CITY each month, reporting on the status of the PROJECT in relation to the project target dates. The monthly progress reports shall begin upon the s gning of the Agreement and shall 2 continue until the completion of the project. Quarte ly progress reports, due on the 10th of the following month, shall be submitted until the xpiration of this agreement or until directed to discontinue such reports in writing by CII Y. F. Request for Payment 1. The SUB-RECIPIENT shall provide the City's Community Development Department, prior to the start of construction, with an itemized list of all estimated expenditures. This list (on a Stat: of Illinois Engineer's Pay Estimate form BLR-283 or equivalent) shall show exsected quantities and unit prices for each item. 2. Request for payment shall be submitted oi a timely basis. Each request for payment sent to the CITY shall be accomp• ied by said payment estimate form signed by the SUB-RECIPIENT'S authori.ed representative and showing the work completed. Changes to items on the p.y estimate form must be authorized, in writing, by the SUB-RECIPEINT (on a S late of Illinois Request for Approval of Change in Plans Form BLR-228 or equivalent), and a copy of such authorization shall be submitted to the City's Community Development Depai lucent before payment pursuant to such changes is made. G. The SUB-RECIPIENT shall provide a Progress Report to the City's Community Development Department each month, reporting on the status of the PROJECT in relation to the Implementation Schedule. The progress reports shall begin upon the signing of the Agreement and shall continue until th- PROJECT is closed out. The SUB- RECIPIENT shall use a form provided by the Comi unity Development Department and shall include all required information about the numoer of clients served each month (by race, income, and the number of female headed house holds). H. Prior to the expenditure of CDBG funds, the S -RECIPIENT shall meet with the City's Community Development Department staff to establish acceptable documentation and guidelines regarding requests for payment for thi activities described in the Scope of Work. No payment of CDBG funds will be ade by City without the required documentation. SUB-RECIPIENT shall return to the CITY any pro;: am income, as defined in 24 CFR Part 570.500(a), which is generated as a result of thi. PROJECT. Written request for an Exception to this Agreement must be made, in riting, to the City's Community Development Department explaining why the SUB RECIPIENT needs the income, the specific activities the SUB-RECIPIENT will underta ce with the funds and how the SUB- RECIPIENT will report the income and expenditures to the CITY. A written response to the request will be provided to SUB-RECIPIENT fro z the CITY. III. AMOUNT AND TERMS OF GRANT A. The CITY shall distribute to SUB-RECIPIENT, as SUB-RECIPIENT'S portion of the total grant received by the CITY and in consideratio of SUB-RECIPIENT'S undertaking to perform the PROJECT, a maximum of$50,000 I ereinafter "Grant Funds"), divided 3 into two fiscal year accounts to be paid in the manner set forth herein at Section II D and in Section VII. B. This PROJECT shall be identified by the follow ng project and account numbers: Project No. 154451 and Account No. 230-0000-791 .93-36 in the amount of $50,000, which identifying numbers shall be used by SUB-RE' IPIENT on all payment requests. C. In the event the services identified in Section II, Sc.se of the Project of this Agreement or other eligible services for low and moderate inco e individuals and households are no longer provided at the Renz Addiction Center of Elfin, located at Two American Way Elgin, due to actions by the SUB-RECIPIENT, the S B-RECIPIENT shall reimburse the U.S. Department of Housing and Urban Develop, ent or the CITY for renovation activities undertaken in whole or in part with CDBG I unds at a rate of 6.7% for each year and portion of each year remaining on the to 1-year useful life of the Facility improvements. The ten-year compliance period shall •egin on the commencement date of this Agreement. This provision shall not be cons ed as limiting the Grantee from asserting any claims against Renz Addiction Center •f Elgin for the breach of any other terms of this Agreement. D. Upon project completion as specified in Section II, scope of the Project, any remaining CDBG project funds shall be available for reallocation by the Grantee to another eligible CDBG project. If Sub-recipient materially fails to c•mply with any term of this award, the Sub-recipient shall repay to the Grantee all funds used for ineligible activities. E. A minimum of 51% of the persons served on an ann al basis shall be at or below 80% of the Median Family Income in order for the Sub-recipient to maintain eligibility for the CDBG funds provided for herein. Said income 1-vels shall be updated and revised annually to conform to levels set by the U. S. n epai lucent of Housing and Urban Development. Failure to meet the aforementioned inimum 51% threshold shall require Sub-recipient to reimburse Grantee for funds e••ended, in whole or in part, for renovation activities. F. Changes in the scope of services, budget, or metho• of compensation contained in this Agreement, unless otherwise noted, may only be m.de through a written amendment to this Agreement, executed by the Sub-recipient and G antee. IV. SUB-RECIPIENT'S COMPLIANCE WITH THE ACT A. CITY shall assist SUB-RECIPIENT'S making application for CDBG funds. B. SUB-RECIPIENT shall abide by the Act, and all D rules and regulations promulgated to implement the Act. C. SUB-RECIPIENT shall, upon request of CITY, 11) assist in the completion of an environmental review and (2) complete certific.tions showing equal employment opportunity compliance including equal employe ent opportunity certification with reference to the PROJECT, as set forth in Exhibit 'C" attached hereto and made a part 4 hereof. D. SUB-RECIPIENT, in performing under this Agreem:nt, shall: 1. Not discriminate against any worker, emplo ee, or applicant, or any member of the public, because of race, creed, color, sex, age or national origin, nor otherwise commit an unfair employment practice; and 2. Take affirmative action to insure that applic:nts are employed without regard to race, creed, color, sex, age or national orifi n, with such affirmative action in- cluding, but not limited to the following: E ployment, upgrading, demotion or transfer, termination, recruitment or r:cruitment advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, including apprenticeship. E. SUB-RECIPIENT shall permit CITY and the D-partment of Housing and Urban Development to conduct on-site reviews, examine personnel and employment records and to conduct any other procedures or practic s to assure compliance with the provisions of this agreement. SUB-RECIPIENT a;; ees to post in conspicuous places available to employees and applicants for emp oyment notices setting forth the provisions of this non-discriminatory clause. F. SUB-RECIPIENT shall comply with all laws and st.to and federal rules and regulations, including but not limited to those regarding a direct •r indirect illegal interest on the part of any employee or elected official of the SUB RECIPIENT in the PROJECT or payments made pursuant to this Agreement. G. SUB-RECIPIENT hereby warrants and represents t at neither the project, including but not limited to any funds provided pursuant thereto, nor any personnel employed in the administration of the program shall be in any w. or to any extent engaged in the conduct of political activities in contravention of Chapter 15 of Title 5, United States Code,referred to as the Hatch Act. H. SUB-RECIPIENT shall maintain records to show ac al time devoted and costs incurred, in relation to the PROJECT, and shall prepare a d submit monthly progress reports which describe the work already performed and anti ipated during the remaining time of the PROJECT. Upon fifteen (15) days notice fr•in the CITY, originals or certified copies of all time sheets, billings, and other docu entation used in the preparation of said progress reports shall be made available for in•pection, copying, or auditing by the CITY at any time during normal business hours, at 1 k 0 Dexter Court, Elgin, Illinois. SUB-RECIPIENT shall adopt the audit requirements of the Office of Management and --- --------- ----------- -- --- Budget "SMB" CircularA33 "Audi sof Institutions of Hiher-Leamiri g ( � -1g g and Other Non-Profit Institutions." SUB-RECIPIEN shall submit to the CITY one copy of said audit report. SUB-RECIPIENT shall permit he authorized representatives of the CITY, HUD and the Comptroller General of the ited States to inspect and audit all data and reports of the SUB-RECIPIENT relat ng to its perfoiniance under the Agreement. 5 • J. SUB-RECIPIENT and CITY shall at all times obse e and comply with Title 24 CFR Part 570 and all applicable laws, ordinances or regulations of the Federal, State, County, and local government, which may in any mann:r affect the performance of this Agreement. K. SUB-RECIPIENT shall transfer to the CITY any u used CDBG funds and submit all billings attributable to this Project at the time this A. eement expires. L. SUB-RECIPIENT will ensure that any real prop:rty under the SUB-RECIPIENT'S control that was acquired and/or improved in whole sr in part with CDBG funds is used to meet the benefit of low and moderate income pers ins as defined by HUD, for a period of 10 years after the commencement of this Agreeme t. M. If during the 10 year period after the commence ent of this Agreement, the SUB- RECIPIENT disposes of any property under the S :-RECIPIENT'S control that was acquired and/or improved in whole or in part ith CDBG funds, then the SUB- RECIPIENT will reimburse the CITY in the amoun of the current fair market value of the property less any portion of the value attabut..ble to expenditures of non-CDBG funds for acquisition of, or improvement to, the p operty in accordance with 24 CFR 570.503(b)(8) and 24 CFR 570.505. V. RIGHTS TO SUBCONTRACT A. SUB-RECIPIENT is herewith granted authority to •ubcontract all or any portion of the PROJECT to such engineers, architects, independei t land use consultants, professional land planner, construction contractors or other entit es as SUB-RECIPIENT shall deem appropriate or necessary and upon such terms as ma be acceptable to SUB-RECIPIENT. B. Administration of any subcontracts by the SUB-' I CIPIENT shall be in conformance with 24 CFR Part 570.200(d)(2) and Part 85.36. VI. SUB-RECIPIENT'S AUTHORIZATION TO ACCEPT PRO''OSALS A. After the CITY has received notification that funds •r the PROJECT have been released by HUD, the SUB-RECIPIENT shall be authorized to accept the proposal of any subcontractor for the PROJECT. VII. BILLING PROCEDURE A. Upon release of Grant Funds by HUD for the PROJECT, the CITY shall make disbursements to the SUB-RECIPIENT as either reg mbursement for advances made by SUB-RECIPIENT or as advances for specific cash requirements of SUB-RECIPIENT for the PROJECT. All claims of SUB-RECIPTFN , whether for reimbursement or advancement, shall comply with the following requir-ments: 6 1. SUB-RECIPIENT shall submit a listing of al disbursements of CDBG funds, on a form provided by the CITY; 2. Any claim for advancement of CDBG fu ds shall be limited to an amount necessary for SUB-RECIPIENT to meet specific cash requirements for the PROJECT and shall be disbursed by SUB-' CIPIENT within three (3) working days of receipt by SUB-RECIPIENT; 3. Any request for reimbursement or advan ement pertaining to work under contracts from the SUB-RECIPIENT shall in lude the following: a. For interim payments to contractors .nd subcontractors, certification that the work for which payment is req ested has been performed and is in place and to the best of SUB-RECIP I NT'S knowledge, information and belief that, the quality of such wor is in accordance with the contract and subcontracts, subject to: (i) .1 y evaluation of such work as a functioning PROJECT upon substatial completion; (ii) the results of any subsequent tests permitted by e subcontract; and (iii) any defects or deficiencies not readily apparent pon inspection of the work; and b. For final payment, certification that the work has been performed in a satisfactory manner and in conforma ce with the contract. 4. Processing of all requests for payment shall be contingent upon the submission of the required documentation by the contr.ctor and subcontractor to the CITY that fully complies with federal labor stan..rds, uniform relocation act or any other applicable federal, state, or local statut:s,rules or regulations. 5. SUB-RECIPIENT shall forward to CITY all billings, vouchers, and other documents representing any accounts payable, in such timely and reasonable manner as both parties shall determine; prov ded, however, that in no event shall such documents be forwarded to CITY lat-r than twenty-one (21) days after SUB-RECIPIENT'S receipt of such docume ts. 6. SUB-RECIPIENT shall cooperate with the SITY to facilitate the maintenance of financial records by the CITY as required by Title 24 CFR 85. B. Upon submission of an acceptable claim for Grant F nds, CITY shall process such claim and shall approve such claim for payment following approval by the City's Community Development Depai lucent, for compliance with th s Agreement and applicable HUD requirements. C. Except as provided for in Section IX and X herein, SITY shall pay all required payments against eligible project costs, as described in Sectio II.B, incurred by SUB-RECIPIENT under this Agreement. 7 VIII. ADMINISTRATION AND REPORTING REQUIREMENT'. A. SUB-RECIPIENT shall administer the Grant Funds n conformance with the regulations, policies, guidelines and requirements of OMB Circ lar numbers A-110, A-122, and A- 133, as they relate to the acceptance and use of feder.l funds for the PROJECT. B. SUB-RECIPIENT shall submit all required info ation to show compliance with applicable laws, rules and regulations, as specified i this Agreement and shall submit to CITY a monthly progress report no later than the ' fth day of the month following the activity being reported. Other reporting require ents are specified in Exhibit "B" attached hereto and made a part of this Agreement. C. Relocation of Tenants SUB-RECIPIENT shall comply with the require ient under the Unifolin Relocation Assistance and Real Property Acquisition Policies • ct of 1970. SUB-RECIPIENT shall maintain a separate relocation file for each displace d person/business for at least three years after the project has been completed or the person/business has received final relocation payments, whichever is later. Relocation costs must be paid to any tenant (residential or nonresidential) who occupies any bui ding being acquired and is forced to move without cause. Waiver of rights to relocatio costs can only be done by a single family homeowner. D. Management Plan and Operating Budget of the Facility SUB-RECIPIENT shall maintain, and keep current, a management plan and operating budget stating policies governing the operation of the facility and shall keep this plan and budget on file with the CITY. IX. TERMINATION OF AGREEMENT OR SUSPENSION OF PAYMENT A. During the implementation of the PROJECT, CIT may terminate this Agreement or may suspend payment of Grant Funds to SUB-' CIPIENT for SUB-RECIPIENT'S substantial breach of the Agreement, abandonme it of the PROJECT or occurrence rendering impossible the performance by SUB-REC IENT of this Agreement. B. During the implementation of the PROJECT, the CI Y may suspend payments of Grant Funds, due to use of funds in a manner unrelate. to or in breach of this agreement relative to, SUB-RECIPIENT'S performing the PROJECT, failure by SUB-RECIPIENT in submitting supporting information or documentat'on for a claim, submission by SUB- RECIPIENT of incorrect or incomplete reports, or UB-RECIPIENT'S suspension of its pursuit of t e ---- - - ---- --------------------------- C. In the event CITY elects to terminate this Agreem.nt or to suspend payments, for any reason stated hereinabove in paragraph A and B o I this Section IX, it shall notify the SUB-RECIPIENT, in writing, of such action, speci 'ng the particular deficiency, at least five (5) working days in advance of any such actio and establishing a time and a place 8 for the SUB-RECIPIENT to refute the alleged deficit cy at a time prior to CITY'S taking such action. After allowing the SUB-RECIPIENT thi opportunity to refute or correct the alleged deficiency, if the alleged deficiency contin es to exist, in the opinion of the CITY, the CITY may withhold payment of the ant Funds until such time as the violation or breach is remedied. No action taken o withheld by the CITY under this paragraph shall relieve the SUB-RECIPIENT of its liability to the CITY for any funds expended in violation of any of the terms of this Agreement. D. SUB-RECIPIENT shall transfer to the CITY any u used CDBG funds and submit all billings attributable to this Project at the time this At eement terminates or is suspended. X. REMEDIES A. To the fullest extent permitted by law, SUB-RECIP I NT agrees to and shall indemnify, defend and hold harmless the CITY, its officers, employees, boards and commissions from and against any and all claims, suits,judgmen is, costs, attorneys fees, damages or any and all other relief or liability arising out of or -sulting from or through, or alleged to arise out of, any breach of this agreement; misuse or misapplication of funds derived pursuant to this agreement by SUB-RECIPIENT; iolation of any statutes, rules and regulations, directly or indirectly, by SUB-RECIPII NT and/or any of its agents or representatives; or any negligent acts or omission of SUB-RECIPIENT or of SUB- RECIPIENT'S officers, employees, agents or subco tractors. In the event of any action against the CITY, its officers, employees, agents, bo.rds or commissions covered by the foregoing duty to indemnify, defend and hold harmless, such action shall be defended by legal counsel of CITY'S choosing. The provisions of this paragraph shall survive any termination and/or expiration of this agreement. B. In the event of loss of approved Grant Funds fo the PROJECT as a result of any violation or breach of this Agreement by the CITY misuse or misapplication of funds received from HUD unrelated to the PROJECT, or a ly violation of the statutes,rules and regulations of HUD, directly or indirectly, by IITY and/or any of its agents or representatives, CITY'S liability to SUB-RECIP 1C T shall be limited to any funds which have previously been provided to sub-recipie t pursuant to this agreement. SUB- RECIPIENT hereby waives and releases CITY froi any and all other liability pursuant to any such breach,misuse, misapplication or violatiIn of statutes,rules or regulations. C. In the event HUD, or any other federal agency, ma les any claim which would give rise to invoking the remedy provisions, as set forth in paragraph A or B of this Section X, then the CITY or SUB-RECIPIENT shall immediate y notify the other party, in writing, providing the full details of the alleged violation. o the extent that any such matter is not subject to exclusive federal jurisdiction, venue Ior the resolution of any disputes or tlfe enforcement of-any rights arising out of—oi i connection with this Agreement between the CITY and SUB-RECIPIENT shall be i the Circuit Court of Kane County, Illinois. D. In addition to any remedies available to the CITY, 'f CITY has lost or been prevented from receiving any federal funds, other than the Gr.nt Funds, as a result of any alleged 9 from receiving any federal funds, other than the grant Funds, as a result of any alleged violation of law or other breach of this Agree ent by SUB-RECIPIENT, the SUB- RECIPIENT shall repay, upon demand by the ITY, such amount of Grant Funds previously disbursed or allegedly due to the SUB CIPIENT. XI. TIMELINESS A. Time is of the essence of this agreement. SUB RECIPIENT shall meet the schedule deadlines listed below. Any milestone which the SUB-RECIPIENT does not achieve within two months of the date listed will result the SUB-RECIPIENT submitting a revised implementation schedule for approval by the City's Community Development staff. Failure to achieve these deadlines may resul u in the loss or reduction of grant funds at CITY's discretion. Target Dates Date 1. Prepare Bid Specification 12/08 2. Advertise for Bid 12/08 3. Award a Contract 2/09 4. 100% of funds expended 5/09 B. SUB-RECIPIENT. Shall complete the PROJECT within twelve (12) months from the date of this Agreement. However, in the event of any alterations or additions or of circumstances beyond the control of SUB-REC I'IENT, which in the opinion of the Community Development Director will require a o ditional time for completion of said expenditures, then in that case, the time of completion shall be extended by the Community Development Director by a period oft me not to exceed six(6)months. C. If SUB-RECIPIENT is delayed in the complet on of the PROJECT by any cause legitimately beyond its control, as determined by t e CITY, such that it cannot complete the PROJECT within eighteen (18) months of he date of this Agreement, it shall immediately give written notice to the CITY of the anticipated delay, the reasons therefore and request an extension of time for completion of the PROJECT. CITY's Community Development Director shall conside any such request and shall make a recommendation to CITY's City Council as to whe her in his sole discretion he considers such an extension to be reasonable and necessary, under the totality of circumstances to be required for completion of the PROJECT due to the particular circumstances. The CITY's City Council shall act upon the extensio I request and recommendation of the Community Development Director and notify the SUB-RECIPIENT whether the time extension is granted or denied, and the CITY' intention to exercise the remedies available herein, including but not limited to susp:nsion of further payments. A revised implementation schedule shall be submitted by SUB-RECIPIENT if an extension is granted by the CITY. 10 A. AMENDMENTS - This Agreement constitutes the ei tire Agreement between the parties hereto. Any proposed change in this Agreement sha 1 be submitted to the other party for prior approval. No modifications, additions, deletions, or the like, to this Agreement shall be effective unless and until such changes are executed, in writing, by the authorized officers of each party. B. SUBJECT TO FINANCIAL ASSISTANCE AGRE I MENT - This Agreement is made subject to financial assistance agreements betwee the CITY and the United States Department of Housing and Urban Development, ith the rights and remedies of the parties hereto being in accordance with any such agreements. C. ASSIGNMENT - except as provided in Section VI hereof, SUB-RECIPIENT shall not assign this Agreement or any part thereof and SU::-RECIPIENT shall not transfer or assign any Grant Funds or claims due or to become due hereunder, without the written approval of the CITY having first been obtained. D. ATTORNEY'S OPINION - If requested, SUB-REC TIENT shall provide an opinion of its attorney, in a form reasonably satisfactory to th- CITY, that all steps necessary to adopt this Agreement, in a manner binding upon S B-RECIPIENT, have been taken by SUB-RECIPIENT, and that SUB-RECIPIENT is i compliance with applicable local, state and federal statues, rules and regulations for he purpose of complying with this Agreement. E. HEADINGS -The section headings of this Agreemet are for convenience and reference only and in no way define, limit, or describe the scope or intent of this Agreement, and should be ignored in construing or interpreting this A_ eement. F. The terms of this agreement shall be severable. In the event any of the terms or provisions of this agreement are deemed to be void or otherwise unenforceable for any reason, the remainder of this agreement shall remain n full force and effect. G. This agreement shall not be construed to create a joie t venture, paituership, employment or other agency relationship between the parties here'o. H. Venue for the resolution of any disputes or the enforcement of any rights between the parties hereto arising out of or in connection wit the terms and provisions of this agreement shall be in the Circuit Court of Kane Cou ty, Illinois. 11 IN WITNESS WHEREOF, the parties hereto have executed this Agre-ment on the dates recited below. CITY OF ELGIN, an Illinois Municipal Co 'oration BY: �_ \ __ ` �_ lb ui•emi Fola; Ci m Manager DATE: /1/ " , q 9 ATTEST: ‘i "--•_4.__&-..4.--\%* • Diane Robertson City Clerk . SUB-RECIPIENT: Renz Addiction Counseling i enter Two American Way, Elgin, Illinois 60120 BY: / ,i(.�,. / rry k gmo / E ecutiv Direct r DATE: 1 ' / '2 - / 810/ 41 ATTEST: Xd./t•Gt, a _ e f i 0 12 EXHIBIT A SUB-RECIPIENT'S CDBG APPLICATION 13 Renz Addiction Counseling Center CDBG—City of Elgin Page 1 of 8 CITY OF ELGIN CDBG PRO RAM PROJECT APPLICATIO 1 2008-2009 PROGRAM YE R Date of Submittal: December 21, 2007 Project Name: "Investing in the Community" Capital Campaign Project Address: One American Way City: Elgin State: IL Zip Cope: 60120 Census Tract, Block Group: Submitting Agency/Organization: Renz Addiction Counseling enter Contact Person: Name: Jerry Skogmo, Executive Director Address: Two American Way City: Elgin State: IL Zip Cod-: 60120 Telephone: 847-742-3545 x232 Fax: 847-697-5583 E-mail: jskogmo@renzcenter.com Amount of CDBG Funding Request: $50,000 1 1 Renz Addiction Counseling Center CDBG—City of Elgin Page 2 of 8 PROJECT APPLICATIO i 1. PROJECT SCOPE AND PURPOSE: Provide a detailed written statement that describes the scope of the proposed project,how CDBG funds will be spent, the need for this project, and the anti•ipated benefits resulting from this project. The Scope of the Project—The Board of Directors, m• agement and staff of Renz Addiction Counseling Center are dedicated to ensuring t e Center's continuation as an integral community resource for addiction services, and e committed to broadening its' clinical and prevention programs in an effort to meet an increase in demand. Renz Center has started a capital campaign which will help fir d the purchase of One American Way, rehabilitation of both One and Two Amirican Way, and improvements to the Serenity Garden. Renz Center is requesting funds or rehabilitation of two office suites at One American Way. The improvements will in lude: 1) Rehabilitation of one suite of offices on the se4 and floor to house our Prevention Program and staff. 2) Rehabilitation of a second suite of offices on :he first floor to accommodate the Renz Administrative department. As a result of these improvements, the Clinical Services 'l'rogram will be able to expand into the entire building at Two American Way using spa: e vacated by the Administrative offices. How CDBG Funds will be Spent— The Community D-velopment Block Grant funds will be spent on rehabilitation of two office suites at On: American Way. Our Need for this Capital Project: -- Renz Center's Board of Directors and senior management team have determined that there is a need for expansion that would maximize the Center's service capacity, consolidate personnel, and increase access to additional funding. For the past 4-5 years, Renz Center' Clinical Services program has seen a depletion of space for both individual counseling : d group treatment. The Center's Prevention program staff have also been in rent:l space separate from our main offices for years which inhibits communication and the •.ility to offer on-site programming. And finally, there is insufficient office sp•ce for the current staff in almost every department. The operational costs, service capaciti, staff resources, and potential for growth have been analyzed, and the Board feels the I enter is ready to meet the community's need for additional services and preventio programs. 2 Renz Addiction Counseling Center CDBG—City of Elgin Page 3 of 8 The Anticipated Benefits & Outcomes —Specifically, the outcome of our capital growth plan will: 1. Consolidate the two Elgin offices for efficiency, rental savings and improved staff communication. 2. Allow the Prevention Program to offer additional on-site programming. 3. Free up office space at Two American Way for Clinical Services to add additional space for one-to-one counseling, group counseling and a psychiatrist office. 4. All these improvements will allow us to increase service capacity by 9-15%. 2. PERFORMANCE MEASUREMENT: Provide a list of project goals and objectives. Explain how the achievement of goals and objectives will be measured or quantified. Goals& Objectives Goals Objectives Measurement 1. Improve Agency Services • Save on rental expense at a) Consolidate the location of the location on the west side of • Savings of$18,756/year Elgin offices Elgin • Decrease staff travel and time spent between offices • Increase service capacity by • Measure number of 9-15% over the next three clients served and years compare to prior years • Increase office space for • Record additional office 2. Increase Number of Clients individual and group space as a result of counseling project Served • Add office space for a • Record prevention psychiatrist program events offered to • Add ability to offer on-site youth and adults prevention programming for youth and adults With the goal of expanding treatment and prevention services in mind, Renz Center's first objective was to purchase the adjacent building at One American Way in Elgin. As of 1/1/2008, the building will have three rentors, occupying 3/4 of the building. Renz Center plans to rehab two suites of the building (one suite on the second floor is currently empty) as funds become available and when an additional rentor's lease changes on 11/1/2008 freeing up a suite on the first floor. The Center's next objective is to move the 3 Renz Addiction Counseling Center CDBG—City of Elgin Page4of8 Prevention Program from its current rented office space op the west side of Elgin into the first newly renovated office suite. Subsequently, admini rative personnel will move out of Two American Way into a second rehabilitated suite a One American Way, allowing Clinical Services to finally expand at the Two American ay location. The Clinical Service expansion will allow for additional meeting roo space for client group sessions, counselor offices for individual sessions, a psychiatrist's •ffice, expanded child care area, and will alleviate an overall serious problem of overcrow.ing. Measured or Quantified At the completion of the Capital Campaign, the Center w 11 have an additional building that will allow Renz to increase service capacity by 5% t ,e first year and for the next 3 years. This will be measured by the increase in client se ice numbers and increase in service hour applications. 3. NATIONAL OBJECTIVE: Identify the National Objective that is met to qualify the proj:ct for CDBG funding. Please refer to the list of objectives in Section 2.3.1:National Objectives o this document. Renz Center benefits low and moderate income perso, s or households as defined by Section 8 household income guidelines. 4. ELIGIBLE ACTIVITY: Identify the eligible activity that qualifies the project for CD::G funding. Please refer to the list of activities in Section 2.3.2: Eligible Activities of this docum:nt. Renz Center is eligible under #2 of the 2.3.2 Eligible . ctivities: Public Facilities and Improvements and Public Services. 5. LOW & MODERATE INCOME BENEFIT STATE ENT: Explain how the proposed project benefits low and moder•te income persons, households or neighborhoods. Quantify the population benefiting from t e proposed project. Describe the method used to calculatethebenefit. Population benefiting from proposed project: •Number of persons or households expected to benefit from thr project. •Number of low/moderate income persons/households expect-d to benefit from the project. This grant will serve more than 5,600 individuals annually and can realistically expect an increase of 3-5% each year, reaching between 6,500 - 7,010 individuals by 2012. Renz 4 Renz Addiction Counseling Center CDBG—City of Elgin Page 5 of 8 Center's service area of western Cook and Central/north:1 Kane Counties--which includes 54 different local cities and communities--has seen tremendous growth over the past 10 years, and is projected to continue. In Kane Co ,ty alone, the U.S. Census Bureau reported a 22% increase in population between it. 2000 and 2006 census reports. In addition, the Kane County Economic Development A•visory Board in Illinois is projecting that population growth will continue, with a 7 '.8% increase from 2000-2030. Through the purchase of the additional building, the added space will allow Renz Center to better serve existing clients and future growth. The Pr-vention Program will also be able to offer onsite programs for the first time, in additio I to continuing to go out into the community. Last year Renz Center treated 1,115 persons and perform-d 27,481 hours of treatment care. Through the Center's Prevention programs, 3,250 c Jdren and adolescents each year receive alcohol, drug and tobacco prevention educat on services, while more than 1,230 individuals receive HIV/AIDS prevention educatioi , testing and risk reduction counseling. Serving a large Hispanic community-42° of our clients are Hispanic, the majority of the Center's programs are also bilingual. Rei Center also strives to assist low-income individuals, and make treatment affordable .old accessible. By utilizing insurance, Medicaid and/or a sliding fee scale, no one is a enied service because of an inability to pay. Currently, 90% of our outpatient treatm.nt clientele earns less than 50% of the area median income, as determined by Hud User l ata Sets. 5. DOCUMENTATION AND REPORTING: During the course of this project, you are required by feieral regulations to provide monthly or quarterly reports on the clientele benefiting from this project. Describe the method you will use to collect and maintain the following information on the clientele you serve: • Number of persons/households • Number of low and moderate income persons/househ•lds • Household size and household income • Race/ethnicity of clientele • Number of female-headed households Renz Center maintains a data base on our clients in outp. ient treatment services as required for our state funding reimbursement programs. • 11 the above information is recorded upon intake and entered into a database called Paradox 8.0. We can query any/all of the above client demographics.Our Prevention Programs do not use the same intake forms or the same database. Our Prevention Pro• . s for youth collect the number of individuals served, number of service hours, r.ce/ethnicity, and geographic location. We do not collect data on the household size or number of female headed households. We would consider adding a procedure to collect this data if required for this grant. Our.HIV/AIDS prevention programs are simi ar in that certain programs can collect some of the data required, however our outreach .rograms involve talking to 5 Renz Addiction Counseling Center CDBG—City of Elgin Page 6 of 8 persons "on the street"where recording demographic information is not possible. We are willing to add or change procedures to accommodate the grant as long as it does not impede the quality of the service we are expected to pro 'de. 6. PROJECT COST ESTIMATE: Provide cost information in the table below and/or attach addi iional cost estimate summaries. Renz Center's Board of Directors and senior management hav- projected the income/expenses of the new facility and are confident that the financial plans will .upport the addition of the new building and the associated costs. Project components and es mated costs include: Project Components Estimated Cost One American Way property $ 900,000 Rehabilitation &Improvements $ 264,000 Moving,Furnishings &Technology $ 10,000 Serenity Garden Improvements $ 15,000 Campaign Costs $ 5,000 Attorney fees &Miscellaneous $ 6,000 Total Project Cost $1,200,000 8. OTHER PROJECT FUNDING SOURCES AND AM•UNTS: Requested as of Funding Source Funding Goal A.. oved/Pledeed 12-19-2007 Campaign Fundraising $ 750,000 Hanover Township $ ',000* Blowitz Ridgeway Foundation $ 15,000* VNA Foundation $ 30,000* Staff, Board Members, Former Board Members $ 101,000* Chicago Community Trust $ 30,000* Agency Reserves $ 200,000 Illinois Facilities Fund $ 250,000 $1,200,000 $ 115,000* $ 75,000* *These amounts are requests-or-pledges toward the entir.'project cost of$1,200,000. - - 6 Renz Addiction Counseling Center CDBG–City of Elgin Page 7 of 8 9. PROJECT IMPLEMENTATION: List the major tasks that will be accomplished through this project and provide a completion date for each task. Timeline Task Completion Date Purchase Building at One American Way November 2007 Second floor lessee vacates their suite. December 2007 Agency Capital Campaign fundraising activities January-December 2008 Demolition plans and initial drawings of new space for first and second floor suites December 2007 Architect continues work on schematic design and adds detail to drawings Underway–to be completed Publish Notice to Bidders 2,eptem-tier 2008' AJV`w►3v` a0°Cs" Open Bids este 8@8— /t/U V V✓l � Award Construction Contract November 2008 Start Construction December 2008 Construction substantially complete February 2009 Complete Rehabilitation/Final acceptance March 2009 Project Completion Date March 2009 We are eager to start rehabilitation on the second floor suite as soon as possible. The first floor suite rehabilitation cannot take place until after November 2008. Total number of months required for project completion: Once demolition begins, the project should take approximately 2-3 months. 10. Plans and specifications. Attach plans and specifications for construction, rehabilitation and equipment needed to conduct this project. a. Project Budget b. First Floor Demolition Plan c. New First Floor Construction Plan d. Second Floor Demolition Plan e. New Second Floor Demolition Plan f. Notes 7 Renz Addiction Counseling Center CDBG—City of Elgin Page 8 of 8 11. Other information. Provide other information as neces•ary to understand the proposed project(photographs, drawings, site plans, letters of sup•ort, project background, etc.) No videos, slides or recordings will be accepted. a. Photograph of the outside of One American ay b. Letter of Support from Representative Ruth I unson c. Capital Campaign Brochure 12. Organizational Structure—see attachments a. Mission Statement for your organization. b. Tax-exemption determination letters from the Federa Internal Revenue Service and the State Franchise Tax board. c. Articles of Incorporation and by-laws of your organi ation. d. List of the Board of Directors including name, teleph.ne number, address, occupation or affiliation of each member. Identify principal offl ers of the governing body. e. A letter or resolution from your Board of Directors a'thorizing the submission of the proposed project(s). Documentation must be submitt-d providing the name, title, address and telephone number of each individual aut i orized to negotiate for and contractually bind the agency. f. Organizational chart describing the organization's as inistrative framework and staff positions. g. Resume of the Chief Program Administrator and Chir f Fiscal Officer. h. Most recent financial statement and independent audi report. 8 EXHIBIT B AS SURANCES The SUB-RECIPIENT hereby warrants and represents that it will c•mply with the regulations, policies, guidelines and requirements with respect to the acceptance and us: of CDBG funds in accordance with the ACT and the City of Elgin policies. Also, the SUB-RECIPIE T certifies with respect to the grant that: 1. It possesses legal authority to make a grant submission to d e City and to execute a community development and housing program; 2. Its governing body has duly adopted or passed as an offici.l act, a resolution, motion or similar action authorizing the person identified as the official repre entative of the SUB-RECIPIENT to execute the Agreement, all understandings and assurances contained herein, and directing the authorization of the person identified as the official represe tative of the SUB-RECIPIENT to act in connection with the execution of the Agreement and to p ovide such additional information as may be required. 3. Prior to submission of its application to the City,the SUB-' I CIPIENT has: (A) Met the citizen participation requirements of 570.301(b) and has provided citizens with: (1) The estimate of the amount of CDBG funds proposed to be used for activities that will benefit persons of low and modera le income; and (2) Its plan for minimizing displacement of pe sons as a result of activities assisted with CDBG funds and to assist persons ai tually displaced as a result of such activities;. (B) Prepared its application in accordance with the policies of the City of Elgin and made the application available to the public; 4. The grant will be conducted and administered in compliance with: (A) Title VI of the Civil Rights Act of 1964 (Pub. L. 8-352 42 U.S.C. Sec 2000d et seq.) and implementing regulations issued at 24 CFR Part I; (B) Title VIII of the Civil Rights Act of 1968 (Pub. . 90-208), as amended; and that the SUBGRANTEE will administer all programs an• activities related to housing and community development in a manner to affirmativel, further fair housing; (C) Section 109 of the Housing and Community Develo•ment Act of 1974, as amended; and the regulations issued pursuant hereto; (D) Section 3 of the Housing and Urban Development A t of 1968, as amended; (E) Executive Order 11246-Equal Opportunity, as ame ded by Executive Orders 11375 and 12086, and implementing regulations issued at 41 C R Chapter 60; 24 • (F) Executive Order 11063-Equal Opportunity in Hous ng, as amended by Executive Order 12259, and implementing regulations at 24 CFR Pa 107; (G) Section 504 of the Rehabilitation Act of 1973 Tub. L. 93-112), as amended, and implementing regulations when published in effect; (H) The Age Discrimination Act of 1975 (Pub. L. 94- 35), as amended, and implementing regulations when published for effect; (I) The relocation requirements of Title H and the acqu sition requirements of Title III of the Uniform Relocation Assistance and Real Property • cquisition Policies Act of 1970, as amended, and the implementing regulations at 24 C R Part 42, as required under 24 CFR 570.606; (J) The labor standards requirements as set forth in 24 CFR Part 570, Subpart K and HUD regulations issues to implement such requirements; (K) Executive Order 11988 relating to the evaluation oi flood hazards and Executive Order 11738 relating to the prevention, control and abate ent of water pollution; (L) The flood insurance purchase requirements of Si ction 102(a) of the Flood Disaster Protection Act of 1973 (Pub. L. 93-234); (M) The Fair Housing Act(42 U.S.C. 3601-20); 5. Its notification, inspection, testing and abatement proced es concerning lead-based paint will comply with 570.608; and 6. When a grant is in excess of $100,000 it will comply wit all applicable standards, orders, or requirements issued under Section 308 of the Clean Air Act (42 U.S.C. 1857(h), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 1738, and Environmental Protection Agency regulation (40 CFR Part 15), which prohibit the usr under nonexempt Federal contracts, grants or loans, of facilities included on the EPA list of Violating Facilities. The provision shall require reporting of violations to the County, HUD, and to the AESOP Assistant Administrator for Enforcement(EN-329). 7. It has developed its application so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the p evention or elimination of slums or blight; (the application may also include activities whic the SUB-RECIPIENT certifies are designed to meet other community development needs aving a particular urgency because existing conditions pose a serious and immediate thre.,t to the health or welfare of the community, and other financial resources are not available); 8. It is following the current City of Elgin Consolidated Play which has been approved by HUD pursuant to 570.306; and 9. It will not attempt to recover any capital costs of public i provements assisted in whole or in part with funds provided under Section 106 of the AC or with amount resulting from a 25 guarantee under Section 108 of the ACT by assessing any mount against properties owned and occupied by persons of low and moderate income, includin! any fee charged or assessment made as a condition of obtaining access to such public improvem:nts,unless: (1) funds received under Section 106 of the ACT are used to pay the proportion of •.uch fee or assessment that relates to the capital costs of such public improvements that are fina Iced from revenue sources other than under Title I of the ACT; or (2) for purposes of assessing any amount against properties owned and occupied by low and moderate income persons, the S I :-RECIPIENT certifies that it lacks sufficient funds received under Section 106 of the ACT to comply with the requirements of subparagraph(1) above. 10. The SUB-RECIPIENT certifies that it will provide a drug-fr-e workplace by: (A) Publishing a statement notifying employees that th unlawful manufacture, distribution, dispensing, possession or use of a controlled s ibstance is prohibited in the SUB- RECIPIENT's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (B) Establishing a drug-free awareness program to info employees about: (1) The dangers of drug abuse in the workplace. (2) The SUB-RECIPIENT's policy of maintaini g a drug-free workplace; (3) Any available drug counseling, rehabi itation, and employee assistance programs; and (4) The penalties that may be imposed upon mployees for drug abuse violations occurring in the workplace. (C) Making it a requirement that each employee to b: engaged in the performance of the grant be given a copy of the statement required by paragraph(A); (D) Notifying the employee in the statement required b paragraph (A) that, as a condition of employment under the grant, the employee will: (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal dru: statute conviction for a violation occurring in the workplace no later than fly: days after such conviction; (E) Notifying the City of Elgin's Planning and Neigh',orhood Services Department within ten (10) days after receiving notice under subparagraph (D)(2) from an employee or otherwise receiving actual notice of such conviction. (F) Taking one of the following actions, within 30 days of receiving notice under subparagraph(D)(2),with respect to any employee ho is so convicted: (1) Taking appropriate personnel action aga.nst such an employee, up to and including termination; or (2) Requiring such employee to participate sat sfactorily in a drug abuse assistance or rehabilitation program approved for su h purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; 26 (G) Making a good faith effort to continue to mainiain a drug-free workplace through implementation of paragraphs (A), (B), (C), (D), (E) and(F). 11. It has adopted and is enforcing a policy prohibiting t e use of excessive force by law enforcement agencies within its jurisdiction against any inl ividuals engaged in nonviolent civil rights demonstrations. 12. In regards to lobbying, the SUB-RECIPIENT certifies: (A) No Federal appropriated funds have been paid or ill be paid, by or on behalf of the SUB-RECIPIENT, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, a 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 mak ng of any Federal loan, the entering into of any cooperative agreement, and the extensio , continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (B) If any funds other than Federal appropriated funds ave 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 Coy gress, or an employee of a Member of Congress in connection with the Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and sub nit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its i structions. (C) The SUB-RECIPIENT shall require that the languate of this certification be included in the award documents for all subawards at all tiers (i eluding subcontracts, subgrants, and contracts under grants, loans, and cooperative a: eements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of f:ct upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this trans.ction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the reouired certification shall be subject to a civil penalty of not less than$10,000 and not mor: than$100,000 for each such failure. 27 EXHIBIT C EQUAL EMPLOYMENT OPPORTUNITY C i RTIFICATION Community Development Block Grant 'rogram City of Elgin The undersigned understands and agrees that it is a SUB-RECIP IDNT of the Community Development Block Grant Program of the City of Elgin. The undersigned also at ees there shall be no discrimination against any employee who is employed in carrying out work from he assistance received from the City of Elgin and the Department of Housing and Urban Developme t, or against any applicant for such employment, because of race, color, religion, sex, age or national origin, including but not limited to employment, upgrading, demotion or transfer; recruitment or ecruitment advertising; lay off or termination; rates of pay or other forms of compensation; and select on for training, including apprentice- ship. The SUB-RECIPIENT further agrees to the following: (1) It will incorporate or cause to be incorporated into any grant contract, loan, grant insurance or guarantee involving Federally assisted construction work, ol modification thereof, which is paid for in whole or in part with funds obtained from the C• unity Development Block Grant program, the language contained in HUD Equal Employmei t Opportunity Regulations at 42 CFR 130.15(b), in Executive Order 11246, as amended by ExeI utive Orders 11375 and 12006, and implementing regulations issued in 41 CFR Chapter 60. (2) It will be bound by said equal opportunity clause with resect to its own employment practices when it participates in any Community Development Block rant Program construction. (3) It will assist and cooperate actively with the City of Elgin, tie Department of Housing and Urban Development and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rul-s, regulations and relevant orders of the Secretary of Labor. (4) It will furnish the City of Elgin, the Department of Hous g and Urban Development and the Secretary of Labor such information as they may require fo the supervision of such compliance, and will otherwise assist the City of Elgin and the Department of Housing and Urban Development in the discharge of primary responsibility for ecuring compliance. (5) It will refrain from entering into any contract or contract mod ification subject to Executive Order 11246 of September 24, 1965, with a contractor debarre. from or who has not demonstrated eligibility for government contracts and Federally assisted construction contracts pursuant to the Executive Order. (6) It will carry out such sanctions and penalties for violation o the equal opportunity clause as may be imposed upon contractors and subcontractors by the Secretary of Labor, the City of Elgin or the Depaitnient of Housing and Urban Development. (7) In the event that SUB-RECIPIENT fails or refuses to comely with the undertaking, the City of Elgin, or the Department of Housing and Urban Development may take any or all of the 28 following actions: cancel, terminate or suspend, in whole or in part, this grant, refrain from extending any further assistance to the SUB-RECIPIENT until satisfactory assurance of future compliance has been received; and refer the case to the Depai lucent of Housing and Urban Development for appropriate legal proceedings. SUB-RECIPIENT: Renz Addiction Counseling Center Two erican Way, Elgin, Illinois 60120 BY: J. S . o, Exe,ut."e Direc or DATE: / 1 P.G Cr AATTEST: i' '4©Y►i elHR - AbVII CI) 29 'Ai:','-.- ., --- _:,,,, wo ,. _, _lir December 11, 2008 TO: Mayor and Members of the City Council FROM: Olufemi Folarin, City Manager Michael Millikan, Programs Manager SUBJECT: Community Development Block Grant Sub-Rec.pient Agreement for the Renz Addiction Counseling Center PURPOSE The purpose of this memorandum is to provide the Mayor and 1 embers of the City Council with information regarding the Sub-Recipient Agreement between the City of Elgin and the Renz Addiction Counseling Center. RECOMMENDATION It is recommended that the City Council approve the Sub-Reci.ient Agreement between the City of Elgin and the Renz Addiction Counseling Center(Office re i odeling project) in the amount of $50,000. BACKGROUND The Renz Addiction Counseling Center (Renz) is a not-for-p ofit corporation dedicated to the prevention, intervention and treatment of addictive behaviors „nd disorders and to factors often associated with addiction. The Center strives to provide th= most effective preventative and clinical care in a safe and nurturing environment through a teamwork approach for anyone affected by addiction or addiction related issues. Renz applied for Community Development Block Grant (CD:G) funds in 2007. The funding was approved by the City Council in March 2008 and im.lemented into the 2008 Annual Updated Action Plan. The plan is submitted to the De.artment of Housing and Urban Development(HUD) and approved in May each year. Renz was allocated a total of$50,000 in CDBG funds from the 2008 CDBG program year. The funds will be used by Renz to remodel two office suites on the second floor of the building located at 2 American Way. These office suites are used for counseling sessions and other staff Community Development Block Grant Sub-Recipient Agreeme t for Renz Addiction Counseling Center December 11, 2008 Page 2 purposes. At a minimum, 51% of the households served w'11 be low and moderate income households at or below 80%of the Median Family Income guid-lines established by HUD. COMMUNITY GROUPS/INTERESTED PERSONS CON ACTED None FINANCIAL IMPACT The allocation of CDBG funds to complete the Renz project w'll total $50,000. Sufficient funds are budgeted ($50,000) and available ($50,000)to enter into thi. Agreement in the CDBG Fund„ account number 230-0000-791.93-36, "Major Repairs/Buildin:s/Structures" and project number 154451 ".Renz Center Renovation 1 American Way Project". LEGAL IMPACT None ALTERNATIVES 1. The City Council may choose to approve the Sub-'ecipient Agreement with Renz Addiction Counseling Center in the amount of$50,000. 2. The City Council may choose not to proceed with th- Sub-Recipient Agreement with Renz Addiction Counseling Center at this time. Respectfully submitted for Council consideration. mm Attachment \ (OFE(Ci ti Memorandum r Q City of Elgin ( t/11110'. Date: January 16, 2009 To: Mike Millikan, Community Development Prog am Manager From: Jennifer Quinton, Deputy City Clerk Subject: Resolution No. 09-4, Regarding sub-recipient .greement with the Renz Addiction Counseling Center Enclosed please find the above referenced agreement. Please •istribute to the appropriate parties and if needed, retain a copy for your records. If you have any questions please feel free to contact our office 847-931-5660 and we will do our best to as ist you. Thank you.