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10-228 A • Resolution No. 10-228 RESOLUTION AUTHORIZING EXECUTION OF A COMMUN TY DEVELOPMENT BLOCK GRANT SUB-RECIPIENT A REEMENT WITH P.A.D.S. OF ELGIN, INIC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Sean R. Stegall, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute a community development block grant agrement on behalf of the City of Elgin with P.A.D.S. of Elgin,Inc. for emergency shelter monthly rental costs, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: December 15, 2010 Adopted: December 15, 2010 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk AGREEMENT BETWEEN THE CITY OF ELGIN, AND P.A.D.S. OF ELGIN, INC. This AGREEMENT is entered into as of the 15th day of December , 2010, by and between the CITY OF ELGIN, an Illinois municipal corporation(hereinafter called "GRANTEE" or"CITY") and P.A.D.S. OF ELGIN, Inc., a not-for-profit corporation incorporated ptirsuant to the laws of the State of Illinois, (hereinafter called "SUB-RECIPIENT") having a principal place of business at 1730 Berkley Street, Elgin, Illinois, 60123. I. RECITALS A. CITY has applied for Community Development Block Grant Funds (hereinafter referred to as "CDBG funds") from the United States Departrfrient of Housing and Urban Development (hereinafter called "I-RID") as provided by the Hous ng and Community Development Act of 1974, as amended(P.L. 93-383) (hereinafter called "APT"). B. CITY has considered and approved the applicaiion of SUB-RECIPIENT for CDBG funds allotted to CITY for distribution to SUB-RECIPIENT. C. The CITY and SUB-RECIPIENT enter into this Agreement pursuant to their respective powers to enter into such Agreements, as those power S are defined in the Illinois Constitution and applicable statutes. II. SCOPE OF THE PROJECT A. SUB-RECIPIENT hereby agrees to perfoi in, in a timely fashion, the activities provided for herein, and those previously defined and identi ed in the Project Application and project description submitted by the SUB-RECIPIENT, 1ated December 16, 2009, and entitled "Emergency Shelter Program," a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference(hereinafter referred to as the"PROJECT"). B. All funding provided to SUB-RECIPIENT shall be used solely to reimburse SUB- RECIPIENT for monthly rental costs associated with the lease of the facility at 1730 Berkley Street, Elgin, Illinois. This facility is to be used exchisively for the provision of support services and counseling activities that aid homeless famili0 and individuals to become self-sufficient members of society. Services provided at the facility are to be consistent with the scope and intent of the PROJECT. All individuals served by SUB-RECIPIENT pursuant to this agreement will be low and moderate income persons as defined by 24 CFR 570.208 (a)(2)(i)(A). C. The SUB-RECIPIENT shall develop and submit to the CITY an Outcome Perfoi mance Measurement Statement that establishes project g als and objectives, identifies performance indicators, and estimates the number of clientele t be served. The SUB-RECIPIENT shall provide quarterly Progress Reports to the CITY, r porting on the status of the PROJECT in relation to the percent of project completion, accoi plishments, effectiveness of the project as related to the goals and objectives, and the clienhAe served, including number served, client access to the service (either new or improved acces ), and demographics. The progress reports shall begin upon the signing of the Agreement and shall continue until the completion of this project or until directed to discontinue such reports irk writing by the CITY. D. Prior to the expenditure of CDBG funds, SUB-RECIPIENT shall meet with the City's Community Development Group staff to establish acceptable documentation and guidelines 1 • regarding requests for payment for the activities described in the Scope of Work. No payment of CDBG funds will be made by City without the required documentation. E. SUB-RECIPIENT shall return to the CITY an program income, as defined in 24 CFR Part 570.500(a), which is generated as a result of thi PROJECT. All written requests for an exception to this agreement shall be made, in writing, to the City's Community Development Department explaining why the SUB-RECIPIENT needs the income, the specific activities the SUB-RECIPIENT will undertake with the funds and liow the SUB-RECIPIENT will report the income and expenditures to the CITY. A written reponse to the request will be provided to SUB-RECIPIENT from the CITY. 1 III. AMOUNT AND TERMS OF GRANT A. The CITY shall distribute to SUB-RECIPIENT, as SUB-RECIPIENT'S portion of the total grant received by the CITY and in consideration of the SUB-RECIPIENT'S undertaking to perform the PROJECT, a maximum of $50,000 (hereinafter "Grant Funds"), to be paid in the manner provided for herein at Sections II (D) and VII. Prior to the initial payment of Grant Funds, SUB-RECIPIENT shall submit, to the CITY, their Outcome Performance Measurement Statement and progress report indicating client demographics and program status. SUB- RECIPIENT shall submit quarterly progress reports, by the 10th day following the end of the preceding quarter, to the CITY. The amount to be pad to SUB-RECIPIENT will be based upon the work completed and the submittal of employee work reports in support of the invoiced amount. B. This PROJECT shall be identified as Project No. 154649 and Account No. 230-0000- 791.30-99, which identifying numbers shall be used by SUB-RECIPIENT on all payment requests. IV. SUB-RECIPIENT'S COMPLIANCE WITH THE ACT A. CITY shall assist SUB-RECIPIENT in making application for CDBG funds. B. SUB-RECIPIENT shall abide by the Act and all HUD rules and regulations promulgated to implement the Act. C. SUB-RECIPIENT shall, upon request of the CITY, (1) assist in the completion of an environmental review and (2) complete certifications showing equal employment opportunity compliance including equal employment opportunity certifications with reference to the PROJECT, as set forth in Exhibit attached hereto and made a part hereof. D. SUB-RECIPIENT, in performing under this Agreement, shall: 1. Not discriminate against any worke , employee, or applicant, or any member of the public, because of race, creed, color, sex, age or national origin, nor otherwise commit an unfair employment practice; and 2. Take affirmative action to insure this applicants are employed without regard to race, creed, color, sex, age or national origin, with such affirmative action including, but not limited to the following: Employment, Upgrading, demotion or transfer, termination, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, including apprenticeship. 2 1 E. SUB-RECIPIENT shall permit the CITY and the Department of Housing and Urban Development to conduct on-site reviews, examine prrsonnel and employment records and to conduct any other procedures or practices to assure compliance with the provisions of this agreement. SUB-RECIPIENT shall post in conspicuous places available to employees and applicants for employment notices setting forth the proisions of Section IV (D) above. F. SUB-RECIPIENT shall not violate any laws, state or federal rules or regulations, including but not limited to those regarding a direct oil 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. 1 G. SUB-RECIPIENT hereby warrants and represrnts that neither the project, including but not limited to any funds provided pursuant there o, nor any personnel employed in the administration of the program shall be in any way o to any extent engaged in the conduct of political activities in contravention of Chapter 15 o Title 5, United States Code, commonly known as the Hatch Act. H. SUB-RECIPIENT shall maintain records to slow actual time devoted and costs incurred, in relation to the PROJECT, and shall prepare and submit quarterly progress reports which describe the work already performed and anticipated during the remaining time of the PROJECT. Upon fifteen (15) days notice from the CITY, originals or certified copies of all time sheets, billings, and other documentation used in the preparation of said progress reports shall be made available for inspection, copying, or auditing by the CITY at any time during normal business hours, at 150 Dexter Court, Elgin, Illinois. i I. SUB-RECIPIENT shall adopt the audit requirements of the Office of Management and 1. Budget (hereinafter "OMB ) Circular A-133, Audis of Institutions of Higher Learning and Other Non-Profit Institutions." SUB-RECIPIENT shall submit to the CITY one copy of said audit report. SUB-RECIPIENT shall permit the aut orized representatives of the CITY, HUD and the Comptroller General of the United States to inspect and audit all data and reports of the SUB-RECIPIENT relating to its performance under t e Agreement. J. SUB-RECIPIENT and CITY shall at all tines observe and comply with Title 24 CFR Part 570 and all applicable laws, ordinances or regulations of the Federal, State, County, and local government, which may in any manner affect the performance of this Agreement. K. SUB-RECIPIENT shall transfer to the CITY any unused CDBG funds and submit all billings attributable to this Project at the time this Apieement expires. L. SUB-RECIPIENT will ensure that any real property under the SUB-RECIPIENT'S control that was acquired and/or improved in whole or in part with CDBG funds in excess of $25,000 is used exclusively for the benefit of low nd moderate income persons as defined by HUD, for a period of 15 years after the expiration of his agreement M. If during the 15 year period after the expiration of this Agreement, the SUB-RECIPIENT disposes of any property under the SUB-RECIPIENT'S control that was acquired and/or improved in whole or in part with CDBG funds in eXcess of$25,000, then the SUB-RECIPIENT will reimburse the CITY in the amount of the current fair market value of the property less any portion of the value attributable to expenditures 6f non-CDBG funds for acquisition of, or improvement to,the property in accordance with 24(FR 570.503(b)(8)and 24 CFR 570.505. 3 V. RIGHTS TO SUBCONTRACT A. SUB-RECIPIENT is herewith granted authoritIy to subcontract all or any portion of the PROJECT to such engineers, architects, independent land use consultants, professional land planner, construction contractors or other entities as SOB-RECIPIENT shall deem appropriate or necessary and upon such terms as may be acceptable tol SUB-RECIPIENT. B. Administration of any subcontracts by the SUB-RECIPIENT shall be in conformance with 24 CFR Part 570.200(d)(2) and Part 85.36. VI. SUB-RECIPIENT'S AUTHORIZATION TO ACCEPT PROPSALS A. After the CITY has received notification that funds for the PROJECT have been released by HUD, the SUB-RECIPIENT shall be authorized t accept the proposal of any subcontractor for the PROJECT. VII. BILLING PROCEDURE A. Upon Release of Grant Funds by HUD fOr the PROJECT, the CITY shall make disbursements to the SUB-RECIPIENT as either reimbursement for advances made by SUB- RECIPIENT or as advances for specific cash requirements of SUB-RECIPIENT for the PROJECT. All claims of SUB-RECIPIENT, whether for reimbursement or advancement, shall comply with the following requirements: 1. SUB-RECIPIENT shall submit a listing of all disbursements of CDBG Funds, on a form provided by the CITY. 2. Any claim for advancement of Cl3i3G Funds shall be limited to an amount necessary for SUB-RECIPIENT to meet spcific cash requirements for the PROJECT and shall be disbursed by SUB-RECIPIENT within three (3) working days of receipt by SUB-RECIPIENT. 3. Any request for reimbursement o advancement pertaining to work under contracts from the SUB-RECIPIENT shall include the following: a. For interim payments to contractors and subcontractors, certification that the work for which payment is requested has been performed and is in place and to the best of SUB-RECIPIENT'S knowledge, information and belief that, the quality of such work is in accordance with the contract and subcontracts, subject to: (i) any evaluation of such work as a functioning PROJECT upon substantial completion; (ii) the results of any subsequent tests permitted by the subcontract; and (iii) any defects or deficienciesnot readily apparent upon inspection of the work; and b. For final payment, that the work has been performed in a satisfactory manner and in conformance with thel contract. 4. Processing of all requests for payment shall be contingent upon the submission of the required documentation by the contractOr and subcontractor to the CITY that fully complies with federal labor standards, uniform relocation act or any other applicable federal, state, or local statutes, rules or regulations. 4 5. SUB-RECIPIENT shall forward to th CITY all billings, vouchers, and other documents representing any accounts payable, in such timely and reasonable manner as both parties shall determine; provided, howeve-, that in no event shall such documents.be forwarded to the CITY later than twenty-one (h) days after SUB-RECIPIENT'S receipt of such documents. 6. SUB-RECIPIENT shall cooperate with the CITY to facilitate the maintenance of financial records by the CITY as required by Title 24 CFR 85. B. Upon submission of an acceptable claim for Grant Funds, the CITY shall process such claim and shall approve such claim for payment foll7ing approval by the City's Community Development Department, for compliance with this Agreement and applicable HUD requirements. C. Except as provided for in Sections IX and X hereof, the CITY shall pay all required payments against eligible project costs, as descried in Section II.B, incurred by SUB- RECIPIENT under this Agreement. VIII. ADMINISTRATION AND REPORTING REQUIREMENTS A. SUB-RECIPIENT shall administer the Grant Funds in conformance with the regulations, policies, guidelines and requirements of OMB Circular numbers A-110, and A-122, as they relate to the acceptance and use of federal funds for the PRQJECT. B. SUB-RECIPIENT shall submit all require1 information to show compliance with applicable laws, rules and regulations, as specified n this Agreement and shall submit to the CITY a quarterly progress report, by the 10th day fpllowing the end of the preceding quarter. Other reporting requirements are specified in Exhibit'"B" attached hereto and made a part of this Agreement. IX. TERMINATION OF AGREEMENT OR SUSPENSION OF PAYMENT A. During the implementation of the PROJECT, the CITY may terminate this Agreement or may suspend payment of Grant Funds to SUB-RECIPIENT for SUB-RECIPIENT'S substantial breach of the Agreement, abandonment of the PROJF,CT or occurrence rendering impossible the performance by SUB-RECIPIENT of this Agreement B. During the implementation of the PROJECT, the CITY may suspend payments of Grant Funds, due to use of funds in a manner unrelated to SUB-RECIPIENTS performing the PROJECT, failure by SUB-RECIPIENT in submitting supporting information or documentation for a claim, submission by SUB-RECIPIENT of incorrect or incomplete reports, or SUB- RECIPIENT'S suspension of its pursuit of the PROJCT. C. In the event the CITY elects to terminate thi Agreement or to suspend payments, for any reason stated hereinabove in paragraph A and B df this Section IX, it shall notify the SUB- RECIPIENT, in writing, of such action, specifying the particular deficiency, at least five (5) working days in advance of any such action and etablishing a time and a place for the SUB- RECIPIENT to refute the alleged deficiency at a time prior to the CITY'S taking such action. After allowing the SUB-RECIPIENT the opportunity to refute or correct the alleged deficiency, if the alleged deficiency continues to exist, in the reasonable opinion of the CITY, the CITY may withhold payment of the Grant Funds until such time as the violation or breach is remedied. No 5 action taken or withheld by the CITY under this paragraph shall relieve the SUB-RECIPIENT of its liability to the CITY for any funds expended in violation of any of the terms of this Agreement. D. Unless terminated pursuant to the provisions of paragraph IX herein, this agreement shall teiniinate on May 31, 2011. X. REMEDIES A. To the fullest extent permitted by law, SUB-RECIPIENT agrees to and shall indemnify, defend and hold haimless the CITY, its officers, empIoyees, boards and commissions from and against any and all claims, suits,judgments, costs, atorneys fees, damages or any and all other relief of liability arising out of or resulting from or threugh, or alleged to arise out of, any breach 7 of this agreement; misuse or misapplication of funds rived pursuant to this agreement by SUB- RECIPIENT; violation of any statutes, rules and reu lations, directly or indirectly, by SUB- RECIPIENT and/or any of its agents or representatives; or any negligent acts or omissions of SUB-RECIPIENT or of SUB-RECIPIENT'S officers, employees, agents or subcontractors. In the event of any action against the CITY, its officers, employees, agents, boards or commissions covered by the foregoing duty to indemnify, defend and hold harmless, such action shall be defended by legal counsel of the CITY'S choosingL The provisions of this paragraph shall survive any termination and/or expiration of this Agreement. B. In the event of loss of approved Grant Funds for the PROJECT as a result of any violation or breach of this Agreement by the CITY, misuse or misapplication of funds received from HUD unrelated to the PROJECT, or any violation of the statutes, rules and regulations of HUD, directly or indirectly, the CITY and/or any o its agents or representatives, the CITY'S liability to SUB-RECIPIENT shall be limited to any nds which have previously been provided to SUB-RECIPIENT pursuant to this agreement. S B-RECIPIENT hereby waives and releases the CITY from any and all other liability pursuant to any such breach, misuse, misapplication or violation of statutes, rules or regulations. C. In the event HUD, or any other federal agenc , makes any claim which would give rise to invoking the remedy provisions, as set forth in paragraphs A or B of this Section X, then the CITY or SUB-RECIPIENT shall immediately notify the other party, in writing, providing the full details of the alleged violation. To the extent that any such matter is not subject to exclusive federal jurisdiction, venue for the resolution of anyl disputes or the enforcement of any rights arising out of or in connection with this Agreement between the CITY and SUB-RECIPIENT shall be in the Circuit Court of Kane County, Illinois. D. In addition to any other remedies available to the CITY, if the CITY has lost or been prevented from receiving any federal funds, other than the Grant Funds, as a result of any alleged violation of law or other breach of this Agreement by SUB-RECIPIENT, the SUB-RECIPIENT shall repay, upon demand by the CITY, such amoant of Grant Finds previously disbursed or allegedly due to the SUB-RECIPIENT. XI. TIMELINESS A. Time is of the essence of this agreement. SUB-RECIPIENT shall meet the schedule deadlines listed below. Any milestone which the SOB-RECIPIENT does not achieve within two months of the date listed will result in the SUB-RECIPIENT submitting a revised implementation schedule for approval by the City's Community lI1evelopment Staff. Failure to achieve these deadlines may result in the loss or reduction of grant funds at the CITY'S discretion. 6 Milestones Date 1. Provide Emergency Shelter February 1,2010-August 31, 2010 2. Provide Case Management February 1, 2010-August 31, 2010 3. Rental Reimbursement February 1, 2010-August 31, 2010 B. Total Number of Months Required for Project Completion 7 Months XII. MISCELLANEOUS PROVISIONS A. AMENDMENTS - This Agreement constitutes the entire Agreement between the parties hereto. Any proposed change in this Agreement shah be submitted to the other party for prior approval. No modifications, additions, deletions, or the like, to this Agreement shall be effective unless and until such changes are executed, in writing, by the authorized officers of each party. B. SUBJECT TO FINANCIAL ASSISTANCE AGREEMENT - This Agreement is made subject to financial assistance agreements between the CITY and the United States Department of Housing and Urban Development, with the rights and remedies of the parties hereto being in accordance with any such agreements. C. ASSIGNMENT - except as provided in Sec jion VI hereof, SUB-RECIPIENT shall not assign this Agreement or any part thereof and SUB-I.ECliPIENT shall not transfer or assign any Grant Funds or claims due or to become due hereund!r, without the written approval of the CITY having first been obtained. D. ATTORNEY'S OPINION - If requested, SUB-RECIPIENT shall provide an opinion of its attorney, in a form reasonably satisfactory to the CITY, that all steps necessary to adopt this Agreement, in a manner binding upon SUB-RECIPIENT, have been taken by SUB-RECIPIENT, and that SUB-RECIPIENT is in compliance with aprlicable local, state and federal statues, rules and regulations for the purpose of complying with thi Agreement. E. HEADINGS - The section headings of this Agreement are for convenience and reference only and in no way define, limit, or describe the scone or intent of this Agreement, and should be ignored in construing or interpreting this Agreement. F. The terms of this agreement shall be seTable. In the event any of the terms or provisions of this agreement are deemed to be void o otherwise unenforceable for any reason, the remainder of this agreement shall remain in full force and effect. G. This agreement shall not be construed to create a joint venture, partnership, employment or other agency relationship between the parties herefo. 7 IN WITNESS WHEREOF, the parties hereto have executed this AgreerCent on the dates recited below. CITY OF ELGIN, an Illinois Municipal Corporation BY: iaa Sean 4 Sean R. Stegall City Manager DATE: Decembef 15, 2010 ATTEST: Diane Robertson City Clerk SUB-RECIPIENT: P.A.D.S. of Elgin, Inc. 1730 Berkley Street, E14Illinois, 60123 BY: Dennis Hewitt, xecutive Director P.A.D.S. of Elgin, Inc., DATE: /1.1 0•IN I IP / ATTEST: 7". . 00011Palline.- 8 EXHIBIT A SUB-RECIPIENT'S AMENDED CDBG • 'PLICATION 9 CITY OF ELGIN CDBG PR•GRAM PROJECT APPLICATI U N 2010-2011 PROGRAM Y:AR 47A Date of Submittal: December 16, 2009 QFC #:(7#:(7E?y ly' _ 4/c_,a Project Name: eons Project Address: 1730 Berkley St. City: Elgin State: IL Zip Code: 60123 Submitting Agency/Organization: PADS of Elgin, Inc. Contact Person: Executive Director Name: Dennis Hewitt Address: 1730 Berkley St. City: Elgin State: IL Zip Code: 60123 Telephone: 847-608-9744 Fax: 847-608-9746 E-mail: dhhewittnpadsofelgin.org Amount of CDBG Funding Request: $50,000 City,of Elgin Bloc Grant 1. Project Scope and Purpose The mission of PADS of Elgin is to break the cycle of homelessness by comprehensively addressing the needs of the local homeless population. In order to accomplish this, PADS provides full case management in addition to our shelter services. Our case managers are available 7 nights a week and 5 days a week. In-house case managers perform intakes of each person admitted to the shelter and assist guests in creating an action plan to help them deal with their individual issues. PADS guests deal with a number of issues including mental illness, developmental disabilities, family violence and addiction. Still others, especially during these difficult economic times, suffer from loss of jobs and homes, or have become displaced due to floods or fires. Case managers use life skills classes, employment training programs,job placement opportunities and money management programs to help guests progress in their action plans, and address their individual needs. Case management,is one of the most essential parts of the PADS program, it not only provides hope for guests to overcome their stumbling blocks, it also provides a plan to turn that hope into action. To help our clients progress, PADS also maintains a comprehensive list of partner agencies to whom we can refer clients for specialized care. These agencies include The Renz Addiction Center, Ecker Center for Mental Health, The Community Crisis Center, .and The Greater Elgin Family Care Center. PADS has also partnered in our new buliding with Wayside Cross Ministries, who provide a day program for homeless and displaced persons. This year PADS has also added new programs to better serve our clients. These programs include SORT, an advocacy program which helps eligible individuals apply for Social Security Benfits, and the CHIP program which utilizes a federal grant and a parnership with Renz Center to provide comprehensive addiction counseling services to homeless individuals. PADS is also expanding our meals program to include full dimmers on site, to better serve clients with work and school obligations, or medical conditions. PADS operates the Douglas L Hoeft Resource Center, which functions as both a permanent shelter site and headquarters for the organization. The shelter has the capacity to house 55-60 individuals and also offers shower and laundry facilities. The shelter provides more meeting space for increased on site programs including AA meetings, educational classes, healthcare clinics, counseling sessions, and asset building programs. There is a significant and demonstrable need for this program in the City of Elgin. During the last fiscal year, the number of nights of shelter provided by PADS increased by 12%. The anticipated outcome of this program is to not only provide over 450 men, women and family members with safe shelter throughout the year, but also to break the cycle of homelessness by comprehensively addressing its causes through case management, referral and advocacy. CDBG Funds will be used to cover costs associated with r-nt for the Hoeft Resource Center. The facility has a monthly lease rate of$7,721. Over a 12 month period, this totals $92,652. 2. Performance Measurement PADS Goals and Objectives: 1. To provide temporary emergency overnight shelter to a I estimated 450 unique men, women and family members from the Elgin area 2. Provide case management services, referrals and advoc.cy to all guests 3. Require guests who are staying over 30 days to participate in Action Plans which may include job training, mental health services, money manag-ment, etc. as needed to effectively facilitate integration Performance Measurements: 1. Registering all individuals who stay in our shelter with she HMIS data tracking system to determine number of clients served and record their de i ographics 2. Performing intake assessments on all registered PADS „uests and using the information to create Action Plans which detail reasonabl- steps that guests will take to make progress towards achieving their goals 3. Requiring follow up assessments for all guests and their action plans every 30 days, when progress will be monitored, and plans will be expano ed and adjusted based upon goals that have been accomplished and steps that have bee taken 3. National Objective PADS meets national objectives by benefiting low income persons and households, and also by providing community services of particular urgenci because current conditions pose serious threats to health and welfare of those unable to find safe shelter, and other resources are not currently available to fill this need in our community. 4. Eligible Activity Public Services 5. Low & Moderate Income Benefit Statement All PADS clients are homeless; therefore 100% of our cli:nts are considered low income. PADS benefits these clients by providing safe shelter and .upport services including case management, life skills training, advocacy and referral s to our network of partner agencies. The number of households or individuals expected to benei it from this program is 450. We are also currently experiencing a 12% increase in the umber of nights of stay over last year. Registering clients allows us to calculate the number of individuals served per year and daily guests logs allow us to calculate the number,of nights of shelter provided each year as well as the amount of additional non-shelter services provided. Intake interviews allow us to determine that all of our clients are low income. 6. Documentation and Reporting Case managers will be responsible for collecting all demographic information, number of persons and households served, income levels, household size, and all race and gender information. Case managers and administrative staff will be responsible for tracking all information with an in house computer program accepted by the Department of Human Services and Department of Commerce and Economic Opportunity. PADS will provide this information in reports to the City of Elgin as required. PROJECT APPLICATION (continued) 7. PROJECT COST ESTIMATE: Provide cost information in the table below and/or attach ..ditional cost estimate summaries. Project Components Estimated Cost A. Emergency Shelter Including Case Management $456,600 Total Project Cost $456.600 Total CDBG Funding Request $50.000 Total Contribution From other Funding Sources $406.600 8. OTHER PROJECT FUNDING SOURCES AND A OUNTS Funding Source Amount of Funding A. Fundraisers $81.500 B. Contributions $122,977 C. Government Grants $177.123 D. United Way $25,000 Total Contributions From Other Funding Sources $406,600 PROJECT APPLICATION (continued) 9. PROJECT IMPLEMENTATION: List the major tasks that will be accomplished through this project and provide a completion date for each task. Task Completion Date A. Provide Emergency Shelter February 1, 2010-August 31, 2010 B. Provide Case Management February 1, 2010-August 31,2010 C. Rental Reimbursement February 1, 2010-August 31, 2010 Total number of months required for project completion: 7 Months `3v 4� "Providing over ight shelter -3, and service coo idination to c- the Kigin area h . meless" 0 ' N e---) . e-n PADS of I-i',lgin, Inc. is .reaking the cycle of homelessness by comprehensively addressing the needs of the local homeless population. PADS has been the cata yst in fostering C- j community partnersl-up • that effectively and efficiently provide coor: 'nated services in • � support of short-term as well as longer-term K. N customized care targeti g client growth, ...L development, and self s fficiency. Jt , Illinois Department of Revenue a E-" ;1:., Office of Local Government Services ° 5- '71.1.12--,WO Sales Tax Exemption Section, 3-520 ke, , 101 W. Jefferson Street r�9GG.126T_'`is -- Springfield,i n ,.y p gfield, Illinois 62702 217 782-8881 \, - May 7, 2004 ELGIN PUBLIC ACTION TO DELIVER SHELTER INC EXECUTIVE DIRECTOR 164 DIVISION. ST SUITE 503 ELGIN. IL 60120 -------- We have received y_o-ur-recent-Iez-ter,and-based--on-the--irlf-or_ma ion ;you-furnished,-we believe ELGIN PUBLIC ACTION TO DELIVER SHELTER INC of ELGIN, IL is organized and operated exclusively for charitable purposes. Consequently, sales of any kind to this organization are exempt from the Retailers' Occupa- tion Tax, the Service Occupation Tax (both state and local), the Use Tax, and the Service Service Use Tax in Illinois. We have issued your organization the following tax exemption identification number: E9957-3698-03. To claim the exemption, you must provide this number to your suppliers when purchasing tangible personal property for organizational use. This exemption may not be used by individual members of the organization to make purchases for their individual use. This exemption will expire on June 1, 2009, unless you apply to the Illinois Depart- ment of Revenue for renewal at least three months prior to the expiration date. Office of Local Government Services Illinois Department of Revenue STS-49 (R-2198) L-492-3456 11-0000027 . . - . 5612-30 -7 File Number ATTACHMENT B • • _. _. .....--- _ k.„.,A," ._ „. ......„ ....„ ,___,... ,,......_ ,......„ / ----,„41-w--_„.-._: --------- 7 ... . ,, \..... ,../ 6., '7 5-'.- , -- - • .- ! ,...i • -.4 j11f .,,7 , . ., . ,.:L.,• ., ... • , 7t , (1 , ..r•-• .C- ';'--- ' COY':::*iiiTtV '‘ :1 .\ C ) ...,/ • -T-:::qq\t't• '.4_,,,------.7"'- ,,:,_-;51-. 771.114A641 ,- • '-- -,, z: - • ...... „,„,„.. ,..oktl.,,,t — — -, --- . . tt,mw,re• t.it. . • ARTICLES OF AMENDMENT TO THE ARTICLES OF INCORPORATION OF P .A.D. S . OF ELGIN, INC . INCORPORATED UNDER THE LAWS OF THE STATE OF ILLINOIS HAVE BEEN FILED IN THE OFFICE OF THE SECRETARY OF STATE AS PROVIDED BY THE GENERAL NOT FOR PROFIT CORPORATION ACT OF LLINOIS , IN FORCE JANUARY 1 , A. D. 1987 . . . tirat62,,.// , , „, -, ,-, ,' geOlye-X. ...a.„?...., - 0 ciAzie,c/2ae, Ytiaze,vf,Rk,,z.0.4-A,,, * - t &6/44.e/ # f -zi/(i I '0 1../2/Me,4‘161-afb de.:2/ 0 ' ' 0 a ZaZi.6.6e/ d2,612 ' •/• 0 '' a12.6/ Cal,adV x C-C-Ayx ‘' 1.1 • Ar •a, 2/ Vae/ a ,c2i.ea,azd • • • • IiittEr. ct.fitri on wheref, f lie.,"-ek,,I.e. ri7 izand ata l ca,a4e, 42, affiiid d?- gi,e,,a-Z',_?6 2/c/(Y? ,Aile, aZ a..e. C6:26-ty, V Yle.,,, . • ze/d, du:a. 22ND day, a/ DECEMBER slg A9 94 and 19TH gze_. 7:600,16.6(../z-dif_ecl cz/17.,c/ - AffasimaidllimOde fAirOlardgia Jr SECRETARY OESTAT NFP-110.30 File # (Rev. Jan. 1987) GEORGE H. RYAN Secretary of State This Space For Use By Submit in Duplicate Secretary of State State of Illinois Remit payment in Check or Money Date Order,payable to "Secretary of ARTICLES OF AMENDMENT State." under the Filing Fee Z� GENERAL NOT FOR PROFIT CORPORATION ACT DO NOT SEND CASH! Approved Pursuant to the provisions of "The General Not For Profit Corporation Act of 1986," the undersigned corporation hereby adopts these Articles of Amendment to its Articles of Incorporation. P.A.D.S. OF ELGIN, INC. ARTICLE ONE The name of the corporation is • (Note 1) ARTICLE TWO The following amendment to the Articles of Incorporation was adopted on December 8, 19 94 in the manner indicated below ('X"one box only.) X By the affirmative vote of a majority of the directors in office, at a meeting of the board of directors, in accordance with Section 110.15. (Note 2) By written consent,signed by all the directors in office, in compliance with Sections 110.15 and 108.45 of this Act. (Note 3) By the members at a meeting of members entitled to vote by the affirmative vote of the members having not less than the minimum number of votes necessary to adopt such amendment,as provided by this Act,the articles of incorporation or the bylaws, in accordance with Section 110.20. (Note 4) By written consent signed by members entitled to vote having not less than the minimum number of votes necessary to adopt such amendment,as provided by this Act, the articles of incorporation,or the bylaws, in compliance with Sections 107.10 and 110.20 of this Act. (Note 4) • (INSERT RESOLUTION) SEE ATTACHED ARTICLES OF AMENDMENT P.A. D. S . OF ELGIN, INC . DECEMBER 8 , 1994 5 . PURPOSE : The corporation is organize* exclusively for charitable, educational, religious or s. ientific purposes within the meaning of section 501 (c) (3 ) of the Internal Revenue Code . A. INUREMENT OF INCOME: No part of the net earnings of the corporation shall inure to the benefit of, or be distributable to, its members , trustees , officers or other private persons except that the corpora ion shall be authorized and empowered to pay reasona.le compensation for services rendered. B. LEGISLATIVE OR POLITICAL A_CTIVIIIES : No substantial part of the activities of the corporati.n shall be the carrying on of propaganda or otherwise .ttempting to influence legislation and the corporati.n shall not participate in or intervene (including he publishing or distribution of statements) any politic.l campaign on behalf of any candidate for public office. 6 . OPERATIONAL, LIMITATIONS : Notwithstan.ing any other provisions of these articles, the corpo ation shall not carry on any other activities not permitted t. be carried on (a) by a corporation exempt from Federal Incom= Tax under section 501 (c) (3 ) of the Internal Revenue Code .f 1986 (or the corresponding provision of any future U ited States Internal Revenue Law) or (b) by a corporation, contributions , to which are deductible under section 170 (c) (2) .f the Internal Revenue Code of 1986 (or the corresponding provision of any future United States Internal Revenue L.w) . 7 . DISSOLUTION CLAUSE: Upon the dissolution of the corporation, the Board of Trustees shall, after paying or making provisions for the payment of all the liabilities of the corporation, dispose of all the assets of the corporation exclusively for the purposes of the cor.oration in such manner, or to such organization or orga izations organized and operated exclusively for charitable, educational , religious , or scientific purposes as sh.11 at the time qualify as an exempt organization or or.anizations under section 501 (c) (3 ) of the Internal Revenue Code of 1986 (or the corresponding provision of any futu e United States Internal Revenue Law) , as the Board of rustees shall determine . Any such assets not so disposed of shall be disposed of by the Court of Common Pleas of the county in which the principal office of the corporation is then located, exclusively for such purposes or to such organization or organizations , as said court shall determine • which are organized and operated exclusively for such purposes . • , _: . , File Number 5612- 306-7 • .--- ......_. 1-, 4 i.-I**. lk .. 1 .• a. ...t; ' ree•ilaWil;. 2 •-4,-' a`V= _ ) 7 %4Z.4.'11-..1:: ""e4''t's- • A......„,,u4m. .. ,(10. ---- „2--...N\ ..... =IF ••••••*- ----- - - .''D----. ----- , .." : --, -....... :... . \ / (' \q 01r •, •SE4 .___._9 1,... - 4ftn- (' *)) k.G, • ,k‘ \ . . ...4;- -4 .-xr I / • 7_, 4. 4"°. ,...----,,,, *. .,..0.0" , ,..7•• . 0 . .!'"•-•"4 n..•.'.4:it c,(1) / 4.S;-:;:i .1••• ....... .2 ; .1. '-'•. . •••• • • .•'••'•li 1. \7.., ,:7S. :TI.;• . \\ / 6,1) ,.,•' .:•:: r\, . t. 'Ili :col*"• . • I 101.. l• • . 2'• .. .A4, .t,:tr5S • infrIII114, ARTICLES OF INCORPORATION 0 • - P .A . D . S . OF ELGIN, I C. INCORPORATED UNDER THE LAWS OF THE STATE 0 ILLINOIS HAVE BEEN FILED IN THE OFFICE OF THE SECRETARY OF ST TE AS PROVIDED BY THE GENERAL NOT FOR PROFIT CORPORATION ACT OF LLINOIS , IN FORCE JANUARY 1 , A . D. 1987 . I . . . . . f" 7:, .a'4 1r--;) " 7,e;2 (:A.---,-,, 7e7/e/77 / / a, I - -, adae ce7c0a7Z? 4-7z,/ -61714;?-evi. &.' cY•i/w (/.a.6 "7- /**1,.../ ...ai" IZZ' z - - 0- ; c. 7Y-e,;-•-;0. ii It ex..t..4-finitin iiihrrrof, t_74 ,.il'oJF//77,feau4ezol,,c1/cczez4,,,,,,& ,K;,a,(frec-/vac,' •.1. .ea(4a(2,,og,,/a.YLA 9ifidncy.,3,-, 28TH ST- ,,-1.1D ----7'. h, ,Wa()//y/ SEPTE EER ArZ?///.996 /67,776 rola P(t)7144 -,..,0 1- (-4-21,'e ce or.Ige'9/ize.I/Aedffl.67, A le../Ao 4-21 fk-ea'r,e2 7261 15TH CT.' „,, '-'''':- •;-:, .-',, ,r,.,!",,,I, t t ‘4:ial•-2- --A'71:5?rn (11 ,C '-----....-Crrn- E • SECRETARy OF TArE 1, FORM N.P-102.10 ARTICLES Of- INUurtrurti (Revised 5-88) ciC SUBMIT IN DUPLICATE Date Paid s�~ Payment must be made by Certified Check.Cashiers'Check.Illinois Filing Fee SSO • Attorney's Check, Illinois C.P.A.'s Check or Money Order,payable /� \ to "Secretary of State." Clerk DO NOT SEND CASHI TO: JIM EDGAR, Secretary of State Pursuant to the provisions of "The General Not For Profit Corporation Act of 1986", the undersigned incor- porator(s) hereby adopt the following Articles of Incorporation. Article 1. The name of the corporation is: P .A. D .-8 . of Elgin, Inc . Article 2. The name and address of the initial registered agent and registered office are: Registered Agent Frer3Pri rk First Name • Middle Name List Name • Registered Office 17 Douglas Avenue Number Street (Do Not Use P.O. Box/ Elgin IL Kane City Zip Code County Article 3. The first Board of Directors shall be 3 in number, their names and addresses being as follows: (Not less than three, Addrese • Direc-tors'Namas Numb.r Strs.t City Ste, Rev. David Enqbarth 272 Division St. Elgin, Ti' �n1o0 :... .. . a — t•' • • IL 60120 Rev. Donald Schmidt 256 E. Chicago St. Elgin, IL 6()120( • Article 4. The purposes for which the corporation is organized are: To provide for shelter fot homeless persons in the Elgin, Illinois area. • Is this corporation a Condominium Association as established under the Condominium Property Act? ❑ Yes )2 No (Check one) Is this corporation a Cooperative Housing Corporation as defined in Section 216 of the Internal Revenue Code of 1 954? ❑ Yes ®' No (Check one) Is this a Homeowner's Association which administers a common-interest community as defined in sub- section (c) of Section 9-102 of the Code of Civil Procedure? ❑ Yes No Article 5. Other provisions (please use separate page): • P.A.D.S. OF ELGIN, INC. -BOARD OF DIRECTORS Name Address & Home Work Telephone/ Fax/ Telephone Cell Email Address Susan Angell-Case 202 Atwell Street (847) 452-8831 (312) 592-2229, Realtor® Elgin, Il. 60124 Sanuellcase@aol.com Baird & Warner (847) 468-1387 Secretary Ron Barkby 37W240 Olwin Drive Cell RBARKBY@comcast.net Consultant Elgin, Il. 60124 (847) 812-0466 President (847)742-3138 Marlene Daubert 330 Griswold St. (847)888-2882 m.daubert@wowway.coin Diaconal Minister Elgin, Il. 60123 (847)602-6401 Zion Lutheran (847)697-8291 Church Charles Falls 18 Villa Street (847)931-5800 (847) 931-5801 President Elgin, Il. 60120 cfalls@demicooper.coin Demi & Cooper Advertising Dan Fox 890 Douglas Cell nigelfoxx@aol.com Consultant Elgin, Il. 60120 (847)217-5650 Fox & Waters (847)695-8706 Leader Training Doug Kramp 31 S. Union krampdc(ayahoo.com Scientist/Engr. Elgin, Il. 60123 Retired (847)741-4903 Vice President Susan Moylan 1879 Banks Drive suebil11965@sbcglobal.net Retired College Elgin, Il. 60123 Administrator (847)888-0056 Joyce Lueth 1405 Brandywine Cr. Office: 847-622-8800 jlueth(aifirstcombank.com Senior Vice President Algonquin Il 60102 Home: 847-658-4528 First Community Bank Ron O'Neal 622 Robin Ridge (630)844-5619 RD01241@aol.com Program Chair Elgin, Il. 60123 ✓ for the Masters (847)888-2214 Program Aurora University Emi Morales 559 Columbia Cell: emi@emimorales.com Attorney at Law Elgin, IL 60123 (847)452-2865 Resolution No. 09-1209-3 AUTHORIZING APPLICATION FOR CITY OF ELGIN COMMUNITY DEVELOPMENT FUNDS AND EXECUTION OF ALL NECESSARY DOCUMENTS WHEREAS, PADS of Elgin, Inc. has determined that it is in its best interest to submit an application for City of Elgin Community Development Funds for The Emergency Shelter Project; and WHEREAS, said project will provide shelter and services to approximately 450 people including residents of City of Elgin; and WHEREAS, the City of Elgin Board must approve said application and will require PADS of Elgin, Inc. to execute a Funding Agreement and other necessary documents upon such approval; NOW, THEREFORE, BE IT RESOLVED that Dennis Hewitt, Executive Director (1730 Berkley St in Elgin, 847-608-9744) is hereby authorized to execute an application for City of Elgin Community Development Funds, a Funding Agreement and other necessary documents upon approval of the application by the City of Elgin Board, and any requests for payment and documentation required to be submitted by PADS of Elgin, Inc. to City of Elgin requesting the dispersal of funds. BE IT FURTHER RESOLVED,that any changes to the above-stated project description must be approved by PADS of Elgin, Inc. SIGNED: Iel/ker DATE: 12/14/09 Ron Barkby, President, Board of Directors ATTEST: Sct.4.1:t41 DATE: 12/14/09 Susan Angell-Case, Secretary, Board of Directors Vote: Ayes Nays Abstain Dennis H Hewitt 976 Huron Elgin, IL 60120 (847)741-3576 Email: dhhewitt@padsofelgin org PROFESSIONAL HISTO 'Y PADS OF ELGIN, INC. Elgin, IL 2003-Present Executive Director • Restored organizations financial viability by incre.sing fundraising and reducing unnecessary costs • Increased case management by adding both full ti le and part time case workers • Coordinated cooperation between social service aNencies in the area to eliminate duplication of services and reduce costs to all age cies • Remodeled and opened a permanent, 12 month en ergency shelter which offers showers, laundry facilities, shelter and services to he area's homeless men, women and families BIGGERS CHEVROLET 1976-2003 Fleet/Commercial Sales Manager • Responsible for all department operations except .filling and License and Title Processing • Retained customers through building solid business relationships, winning over lower-priced competition • Monitor delivery schedules and correct inaccuracir s to avoid customer problems EDUCATION AND PROFESSIONA TRAINING THE UNIVERSITY OF HOUSTON Bachelor's Degree: Psychology Major, German Minor SAM HOUSTON STATE UNIVERISTY Post Graduate Coursework ASSOCIATIONS AND AFFILI., TIONS UNITED WAY OF ELGIN September 2007-Present • Member of Family Matters Council KANE COUNTY CONTINUUM OF CARE 2003-Present • Member of steering committee • Member of HMIS committee COOK COUNTY 16TH DISTRICT COURT 2005-Present • Member of Family Violence Advisory Council - LITTLE LEAGUE BASEBALL 1982-1998 District Administrator • Administered inter-league operations for 27 Leagues (12,000 children) in the Northwestern Suburbs • Developed the program that came to be the largest in every division of Little Leagues (both boy's and girl's divisions)within the Central States Region (13 states) • Initiated an inter-leagues play model that later became the model for the national program State Coordinator • Chairman of the state organization • Responsible for organizing and scheduling all tournaments at the state level • Served on both the regional advisory committee and the Presidents' advisory committee FIRST CONGREGATIONAL CHURCH OF ELGIN • Past chair of Worship Ministry and Hospitality Committee • 20 years experience as Sunday school teacher and member of Youth and Young Adults Committee • Volunteer=R.C.C. Soup Kettle and Elgin PADS PADS of Elgin, Inc Organization Chart Board Of Directors Executive Director/Operations N Senior Site Case Special Administrative Coordinator Managers Projects Assistant Coordinator Development Public . _ Relations Site Coordinators PADS of Elgin, Inc. Profit & Loss Summary Report October 2009 October 2009 Ordinary Income/Expense Income Contirbutions 4200•Grants 4119•Grants 31,215.00 4118•Grants-United Way of Elgin 2,083.34 Total 4200•Grants 33,298.34 4700•Business Contributions 96.80 4300•Contributions from Churches 2,762.75 4600•Fundraising Events 4650•Income from Events 4640•Dinner Auction Contributions 420.00 Total 4650•Income from Events 420.00 Total 4600•Fundraising Events 420.00 4901•Int Inc-Oper Acct 158.35 4902•Sub-Leasing Income 3,610.00 Total Contirbutions 40,346.24 4100•Individual Contributions 1,675.00 Total Income 42,021.24 Expense 5000•Shelter Services 5101•Auto Trans/Maint 58.31 5102•Client Assistance 5102.02•Transportation 349,47 Total 5102•Client Assistance 349.47 5109•Program Supplies 5109.10•Site Supplies 365.84 5112•Site Maintenance 305.46 • 5109.12•OHS 500.00 5109.13•DCEO 283.33 Total 5109•Program Supplies 1,454.63 Total 5000•Shelter Services 1,862.41 6000•Management&General 6102•Equipment Rental 232.20 6103•Salary&Wages 6107•Employee Insurance Exp 1,238.16 6103.01•Payroll Fees&Expenses 73.76 6103.03•Salary Expenses 18,593.92 6103.04•Employee Payroll Taxes 1,420.17 Total 6103•Salary&Wages 21,326.01 6105•Telephone/Utilities 1,550.13 6108•Office Expense 79.80 6109.Outside Services 480.18 6110•Auditng/Bookkeeping Services 3,150.00 6111•Rent 7,496.32 6113•Misc Expenses 25.00 6114•Meetings&Meals 166.26 6116•Donations 145.00 6118•Postage and Delivery 220.43 6119•Insurance Expense • 389.67 Total 6000•Management&General 35,261.02 7000•Special Events 7000.02•Outside Services 4.00 Total 7000•Special Events 4.00 Total Expense 37,127.43 Net Ordinary Income 4,893.81 Net Income 4,893.81 Page 1 of 1 PADS of Elgin, Inc. Profit & Loss Summary REport November 2009 Nov 09 Ordinary IncomelExpense Income Contirbutions 4200•Grants 4119•Grants 16,678.00 4118•Grants-United Way of Elgin 2,083.34 Total 4200•Grants 18,761.34 4750•Organization Contriutions 6.79 4300•Contributions from Churches 500.00 4600•Fundraising Events 4650•Income from Events 4614•Fundraiser Other 1,170.00 4640•Dinner Auction Contributions 3,010.00 Total 4650•Income from Events 4,180.00 Total 4600•Fundraising Events 4,180.00 4901•Int Inc-Oper Acct 158.79 4902•Sub-Leasing Income 3,610.00 Total Contirbutions 27,216.92 4100•Individual Contributions 7,798.00 Total Income 35,014.92 Expense 5000•Shelter Services 5102•Client Assistance 5102.02•Transportation 399.87 Total 5102•Client Assistance 399.87 5109•Program Supplies 5109.10•Site Supplies 1,259.62 5112•Site Maintenance 103.79 5109.12•OHS 500.00 5109.13•DCEO 283.33 Total 5109•Program Supplies 2,146.74 Total 5000•Shelter Services 2,546.61 6000•Management&General 6102'Equipment Rental 218.00 6103•Salary&Wages 6107•Employee Insurance Exp 687.81 6103.01 •Payroll Fees&Expenses 82.10 6103.03•Salary Expenses 18,999.01 6103.04•Employee Payroll Taxes 1,451.17 Total 6103•Salary&Wages 21,220.09 6105•Telephone/Utilities 976.57 6109•Outside Services 447.50 6110•Auditng/Bookkeeping Services 800.00 6111 •Rent 7,496.32 6113•Misc Expenses -25.00 6116•Donations 50.00 6118•Postage and Delivery 121.40 6119•Insurance Expense 389.67 Total 6000•Management&General 31,694.55 7000•Special Events 7000.05•Auction Expenses 176.00 7000.62•Outside Services 1,500.00 7114•Other Expenses 101.55 Total 7000•Special Events 1,777.56 Total Expense 36,018.72 Net Ordinary Income -1,003.80 Net Income -1,003.80 P.A.D.S. OF ELGIN, INC. (a non-profit corporation) AUDITED FINANCIAL STATEMENTS YEAR ENDED JUNE 30, 2009 CONTENTS PAGE Basic Financial Statements Independent Auditors' Report 1 Statements of Financial Position 2 Statements of Activities 3 Statements of Cash Flows 4 Statements of Functional Expenses 5 Notes to Financial Statements ... 6 - 11 . ` MUELLER1�' I T 7)�^� | �| �| � �/ /[�( � �} [T'} ��` � l /- ^�, /�U�\�_/����_ `. \~_\.� ��)L]��/ / �\�, / � �� 2230 Point Blvd., Suite 700 n Elgin, Illinois 60I23 , < 847.888.8600 Fax:847.888.0635 www.MuellerCPA.com ' INDEPENDENT AUDITOR'S REPORT To the Board of Directors P.A.D.S. of Elgin, Inc. Elgin, Illinois We have audited the accompan 'ng statement of financial position of P.A.D.S. of Elgin, |nc.(anonprofit organization) as of June 30, 2009, and the related statements of activities, cash flows, and functional expenses for the year ended June 30, 2009. These financial statements are the responsibility of P.A.D.S. of Elgin, Inc.'s management. Our responsibility is to express an opinion on these financial statements based on our audit. The financial statements of P./\.[}.S. of Elgin, Inc. for the year ended June 30, 2008 were audited by other auditors whose report, dated October 6, 2008, expressed an unqualified opinion on those statements. We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the 2009 financial statements referred to above present fairly, in all material respects, the financial position of P.A.D.S. of Elgin, Inc. as of June 30, 3009, and the changes in its net assets and its cash flows for the year then ended in conformity with accounting principles generally accepted in the United States of America. I 2)J1 * �"v� , Elgin, Illinois October 16, 2009 Certified Public Accountants Management Consultants Offices in Elgin,St.Charles,Oakbrook Terrace. and Chican P.A.D.S. OF ELGIN, INC. STATEMENTS OF FINANCIAL PS SITION JUNE 30, 2009 AND 200,: ASSETS 2009 2008 Current assets: Cash and cash equivalents $ 249,498 303,667 Certificate of deposit 76,051 - Accounts receivable - 10,483 Pledges receivable 35,344 - Prepaid insurance 4,252 3,579 Total current assets 365,145 317,729 Property and equipment: Site development - 62,061 Automobiles 19,370 19,370 Equipment 19,518 19,518 Leasehold improvements 489,372 489,372 528,260 590,321 Less accumulated depreciation and amortization (122,843) (121 ,849) 405,417 468,472 Other assets - Security deposit 14,132 14,132 $ 784,694 800,333 The accompanying notes are an integral part of the financial sta'ements -2- . . LIABILITIES AND NET ASSETS 2009 2008 Current liabilities: Accounts payable 650 Accrued expenses 10'160 9,092 Deferred revenue ' 3.466 Total current liabilities 10,160 13'208 Noncurrent liabilities - Security deposit 6,752 6,752 Net assets: ' Unrestricted: ` Board designated assets 93,504 88,985 Undesignated 638'934 681,408 732,438 770,373 Temporarily restricted 35,344 10'000 767,782 78{},373 $ 784,694 800,333 P.A.D.S. OF ELGIN, INC. STATEMENTS OF ACTIVITI S YEARS ENDED JUNE 30, 2009 A D 2008 2009 TEMPORARILY UNRESTRI TED RESTRICTED TOTAL Revenues: Grants-government $ 22' ,698 35,344 260,042 United Way allocation 2 ,000 - 25,000 Interest income ' ,892 - 4,892 Rental Income 44,248 - 42,248 Miscellaneous income 307 - 307 Net assets released from restrictions - satisfaction of program restrictions 11,000 (10,000) - Total revenue 30 ,145 25,344 332,489 Public support: Contributions 8:,252 - 88,252 Contributions - capital campaign - - - In-kind donations 4 :,065 - 43,065 Special events (net of expenses of $29,857 in 2009 and $24,123 in 2008) 52,179 - 52,179 Total public support 18 :,496 - 183,496 Total revenue and public support 490,641 25,344 515,985 Expenses: Program services 381,779 - 389,779 Management and general 9 ',894 - 97,894 Fundraising 40,903 - 40,903 Total expenses 52,:,576 - 528,576 Change in net assets (3 r,935) 25,344 (12,591) Net assets, beginning of year 770,373 10,000 780,373 Net assets, end of year $ 73',438 35,344 767,782 The accompanying notes are an integral part of the financial st.tements -3- 2008 TEMPORARILY UNRESTRICTED RESTRICTED TOTAL 299,335 299,335 13,000 - 13,000 6,956 6,222 13,178 40,612 - 40,612 607,893 (607,893) - 668,461 (302,336) 366,125 119,601 - 119,601 7,800 7,800 39,804 - 39,804 81 ,837 - 81,837 241 ,242 7,800 249,042 909,703 (294,536) 615,167 387,405 - 387,405 159,200 - 159,200 41 ,962 - 41 ,962 588,567 - 588,567 321 ,136 (294,536) 26,600 449,237 304,536 753,773 770,373 10,000 780,373 P.A.D.S. OF ELGIN, INC. STATEMENTS OF CASH FLOWS YEARS ENDED JUNE 30, 2009 AND 2008 2009 2008 Cash provided by (applied to) operating activities: Change in net assets $ (12,591 ) 26,600 Adjustments to reconcile change in net assets to net cash provided by (applied to) operating activities: Depreciation and amortization 63,055 135,913 Changes in: Accounts receivable 10,483 (10,483) Pledges receivable (35,344) 82,500 Prepaid insurance (673) 1 ,164 Accounts payable (650) (219,767) Accrued expenses 1 ,068 - Deferred revenue (3,466) 3,466 Security deposit - 100 21 ,882 19,493 Cash applied to investing activities: Purchase of certificate of deposit (76,051 ) - Purchases of property and equipment - (112,206) (76,051 ) (11 2,206) Cash provided by (applied to) financing activities: Proceeds from line of credit - 150,000 Repayments on line of credit - (300,000) - (150,000) Net decrease in cash (54,169) (242,713) Cash and cash equivalents, beginning of year 303,667 546,380 Cash and cash equivalents, end of year $ 249,498 303,667 Other cash flow information - Interest paid $ - - The accompanying notes are an integral part of the financial sta'ements -4- P.A.D.S. OF ELGIN, INC. STATEMENTS OF FUNCTIONAL EXPENSES YEARS ENDED JUNE 30, 2009 AND 2008 2009 MANAGEMENT PROGRAM AND SERVICES GENERAL FUNDRAISING TOTAL Salaries, wages and other compensation $ 149,524 50,574 19,790 21 9,888 Employee benefits 6,963 2,849 738 10,550 Payroll taxes 11,429 3,866 1,513 1 6,808 Total salaries and related expenses 167,916 57,289 22,041 247,246 Advertising 747 - - 747 Bank fees - 581 - 581 Donations 695 - - 695 Equipment rental 752 1,253 501 2,506 General insurance 6,570 1,642 - 8,212 In-kind expense 43,065 - - 43,065 Interest expense - - - - Licenses and subscriptions - 550 - 550 Meetings and employee education expense - 825 206 1,031 Office supplies 986 329 329 1,644 I. Payroll processing fees - 959 - 959 Postage and shipping 1,041 625 416 2,082 Printing and reproduction 1,046 - - 1,046 Professional fees - 16,582 5,826 22,408 Program supplies 24,133 - - 24,133 Rent expense 70,916 8,865 8,865 88,646 Storage expense - - - - Utilities 11,664 1,458 1,458 1 4,580 Transportation expense 5,390 - - 5,390 334,921 90,958 39,642 465,521 Depreciation and amortization 54,858 6,936 1,261 63,055 Total expenses $ 389,779 97,894 40,903 528,576 The accompanying notes are an integral part of the financial statements -5- 2008 MANAGEMENT PROGRAM AND SERVICES GENERAL FUNDRAISING TOTAL 140,351 48,048 17,403 205,802 6,147 2,532 608 9,287 11,086 3,795 1,375 16,256 157,584 54,375 19,386 231,345 - 556 - 556 681 - - 681 737 1,230 492 2,459 11,875 2,969 - 14,844 39,804 - - 39,804 - 18,066 - 18,066 - 675 - 675 - 1,750 438 2,188 781 781 390 1,952 - 1,777 - 1,777 645 644 322 1,611 40 - - 40 - 16,811 5,866 22,677 20,005 - - 20,005 36,906 39,326 9,832 86,064 557 446 112 1,115 8,736 6,916 2,548 18,200 6,661 - - 6,661 285,012 146,322 39,386 470,720 102,393 12,878 2,576 117,847 387,405 159,200 41,962 588,567 . . P.A.D.S. OF ELGIN, INC. NOTES TO FINANCIAL STATEMENTS NOTE 1 - SIGNIFICANT ACCOUNTING POLICIES P.A.D.S. of Elgin, Inc., is an Illinois non'profitorganizatinn, which operates an overnight homeless shelter. A summary of the significant accounting policies of the Organization is presented below to assist the reader in evaluating the financial statements. Support and Expenses Contributions received and unconditional promises to give are measured at their fair values and are reported as increases in net assets. The organization reports gifts of cash and other assets as restricted support if they are received with donor stipulations that limit the use of the donated assets, or if they are designated as support for future periods. When a donor restriction expires, that is, when a stipulated time restriction ends or purpose restriction is accomplished, temporarily restricted net assets are reclassified to unrestricted net assets and reported in the statement of activity as net assets released from restrictions. Donor-restricted contributions whose restrictions are met in the same reporting period are reported as unrestricted support. The organization reports gifts of goods and equipment as unrestricted support unless explicit donor stipulations specify how the donated assets must be used. Gifts of long- lived assets with explicit restrictions that specify how the assets are to be used and gifts of cash or other assets that must be used to acquire long-lived assets are reported as restricted support. Absent explicit donor stipulations about how long those long-lived assets must be maintained, the organization reports expirations of donor restrictions when the donated or acquired long-lived assets are placed in service. Expenses are recorded when incurred in accordance with the accrual basis of accounting. Donated Services A substantial number of volunteers have d neted services to P.A.D.S.'s program services and fund-raising campaigns during the year; however, these donated services are not reflected in the financial statements since the services do not require specialized skills as defined by generally accepted accounting standards. Materials and other assets received as donations are recorded and reflected in the accompanying financial statements at their estimated fair values at the date of receipt. -6- P.A.D.S. OF ELGIN, INC. NOTES TO FINANCIAL STATEMENTS (CONTINUED) NOTE 1 - SIGNIFICANT ACCOUNTING POLICIES, CONTINUED Investments Investments consist of certificates of deposits and are carried at market value, which approximates cost. Pledges and Accounts Receivable The Organization carries its grants and accounts receivable at the outstanding principal balance adjusted for any allowance for doubtful accounts. The allowance for doubtful accounts is estimated based on the Organization's historical bad debt experience, the aging of the receivables and based on management's judgment. Accounts deemed uncollectible are charged to the allowance for doubtful accounts. No allowance for doubtful accounts was deemed necessary at June 30, 2009 and 2008. Property and Equipment Property and equipment is stated at cost or if donated, at the approximate fair market value at date of donation. Depreciation is computed over the estimated useful life of the assets using the straight-line method, ranging from 3 to 9.5 years. Major additions are capitalized while replacements, maintenance and repairs, which do not improve or extend the lives of the respective assets, are expensed currently. Cash and Cash Equivalents For the purposes of the statements of cash flows, the Organization considers all highly liquid instruments with an original maturity of three months or less to be cash equivalents. Accordingly, the certificate of deposit is not considered cash equivalents. Designated Fund Balances Designated net assets represent amounts that have been designated for specific purposes by the Organization's Board of Directors. Financial Statement Estimates The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and reported amounts of revenues and expenses during the reporting period. Actual results could differ from those estimates. -7- P.A.D.S. OF ELGIN, INC. NOTES TO FINANCIAL STATEMENTS (CONTINUED) NOTE 1 - SIGNIFICANT ACCOUNTING POLICIES, CONTINUED Concentration of Credit Risk The Organization maintains its cash in bank deposits which, at times, may exceed federally insured limits. The Organization believes it is not exposed to any significant credit risk on cash. NOTE 2 - PLEDGES RECEIVABLE Pledges receivable are expected to be collected within the next year and are included in temporarily restricted net assets. NOTE 3 - FUNCTIONAL EXPENSES The costs of providing the various programs and other activities have been summarized on a functional basis. Accordingly, certain costs have been allocated among the programs and supporting services benefited. NOTE 4 - TEMPORARILY RESTRICTED NET ASSETS Temporarily restricted net assets at June 30, 2009 and 2008 consisted of the following: 2009 2Q08 Hanover Township $ 11,250 - United Way of Fox Valley 14,094 - CDBG Kane 10,000 10,000 $ 35,344 10,000 NOTE 5 - TAX STATUS P.A.D.S. is exempt from income taxes under Section 501 (c)(3) of the Internal Revenue Code. -8- P.A.D.S. OF ELGIN, INC. NOTES TO FINANCIAL STATE ENTS (CONTINUED) NOTE 6 - LOAN PAYABLE P.A.D.S. entered into a non-secured loan agreement with he City of Elgin in April 2007 for $300,000. The bank issued $150,000 of the loan to P.A D.S. during the year ended June 30, 2007. No interest was to accrue on the unpaid balani e prior to the maturity date of May 31 , 2009; however the loan was subject to a 9% rat- of interest on any unpaid balance that existed after the maturity date. The loan was recorded at the present value of the estimat-d future cash payments. The discounts on those amounts were computed using the 9% rate of interest that the loan was subject to after the maturity date. Amortization of the discount was included in interest expense. P.A.D.S. paid the entire loan during the year ended June 30, 2008. NOTE 7 - BUILDING LEASE During December 2006 the Organization entered into an operating lease for its office and housing space. The lease required initial monthly rental p.;yments of $6,212 with yearly increases beginning January 1 , 2008. During April 2007 he Organization leased additional . space from the landlord and the original lease was amendrd to include the additional rental. The amended lease requires additional monthly re tal payments of $971 with yearly increases beginning January 1 , 2008. The leases expire on December 31 , 2016. Rent expense under these lease agreements for the years ended June 30, 2009 and 2008 was $88,646 and $86,064, respectively. The aggregate future minimum lease commitment for the•e leases as of June 30, 2009 is as follows: 2010 $ x1,305 2011 a 4,044 2012 X6,866 2013 99,772 2014 112,765 Thereafter 270,188 $ 754 940 -9- . , P.A.D.S. OF ELGIN, INC. NOTES TO FINANCIAL STATEMENTS (CONTINUED) NOTE 8 - SUBLEASE AGREEMENT P.A.D.S. entered into a sublease as lessor in July 2007. The sublease requires initial monthly rental payments of $3,326 with yearly increases beginning January 1, 2008. The sublease expires in June 2012. Rental income under this sublease agreement for the years ended June 30, 2009 and 2008 was $42,248 and $40,612, respectively. The aggregate future minimum lease receipts to be received under this operating lease at June 30, 2009 is as follows: 2010 44,190 2011 45'948 2012 47'394 � 137,532 NOTE 9 - FAIR VALUE MEASUREMENTS Financial Accounting Standards Board Statement No. 157, Fair Value Measurements (FASB Statement No. 157)' establishes u:franevork for measuring fair value. That framework ( provides a fair value hierarchy that prioritizes the inputs to valuation techniques used to measure fair value. The hierarchy gives the highest priority to unadjusted quoted prices in active markets for identical assets or liabilities (Level 1 measurements) and the lowest priority to unobservable inputs (Level 3 measurements). The three levels of the fair value hierarchy under FASB Statement No. 157 are described below: Level 1 Inputs to the valuation methodology are unadjusted quoted prices for identical assets or liabilities in active markets that the Organization has the ability to access. Level 2 Inputs to the valuation methodology include: • Quoted prices for similar assets or liabilities in active markets; • Quoted prices for identical or similar assets or liabilities in inactive markets • Inputs other than quoted prices that are observable for the asset or liability • Inputs that are derived principally from or corroborated by observable market data by correlation or other means. If the asset or liability has a specified (contractual) term, the Level 2 input must be observable for substantiaily the full term of the asset or liability. -10- . . P.A.D.S. OF ELGIN, INC. NOTES TO FAL STSTATEMENTS (CONTINUED) 11 ' ' NOTE 9 - FAIR VALUE MEASUREMENTS, CONTINUED 11 Level 3 Inputs to the valuation methodology� are unobservable and significant to the fair value measurement. � The asset's or |\abUity'sfair value measurement level within the fair value hierarchy is based on the lowest level of any input that is significant H the fair value measurement. Valuation techniques used need to maximize the use of observable inputs and minimize the use of unobservable inputs. Following is a description of the valuationrnothndo|nQiasllused for assets measured at fair value. There have been no changes in the rnethodo|oQieS used at June 30, 2009 and 2008. Interest-bearing cash and certificates of deposit: Based o '� value of cash or certificate at year end. � The methods described above may produce a fair value calculation that may not be indicative of net realizable value or reflective of future fairtl values. Furthermore, while the Organization believes its valuation methods are appropriatle and consistent with other market participants, the use of different methodologies orll assumptions to determine the fair value of certain financial instruments could result in a Ui1farentfa/r value measurement at the reporting date. Within the fair value hierarchy, the Organizations assets oOnoistad of Level 1 inputs which had fair values of $325,549 and $303,067 as of June 301 2009 and 2008, respectively. NOTE 10 - SITE DEVELOPMENT During the year ended June 30, 2009, the Organization offset $62,061 of site development costs and accumulated depreciation. These Costs were incurred in prior years when the organization was pursuing construction of its foCi|hies. In the year ended June 30, 2008, site development costs were fully depreciated als the Organization entered into a lease agreement for its facilities. NOTE 11 - RECLASSIFICATIONS Certain amounts in the 2008 financial statements have been reclassified to conform with the year 2008 presentation. ll- itt OF ELGIN, INC. Public Action loDel iver Sheller December 16, 2009 Jennifer Fritz-Williams Elgin Planning and Neighborhood Services Department, CDBG Program 150 Dexter Court Elgin, IL 60120 Dear Ms. Fritz-Williams, PADS of Elgin, Inc.is pleased to submit this application to the City of Elgin Community Development Block Grant Program. This year we are requesting a total of$50,000 to support our emergency shelter. During the last fiscal year, the number of nights of shelter provided by PADS increased by 12%. As economic troubles continue we know that the need for our services is going to climb even high. And, as we see decreases in funding from many sources, we hope you will consider our request and help us to respond to the ever increasing need in our community. I have enclosed in this package our application which includes our most recent audit. If you have any further question or would like to schedule a tour of our facility please contact us at 847-608-9744. Thank you again for your consideration and your continued commitment to breaking the cycle of homelessness in our community. Sincerely ail 3 Brittany Mitchell Special Projects Coordinator, PADS of Elgin, Inc. 1730 Berkley Street•Elgin,Illinois 60123 • Phone: 847.608.9744• Fax: 847.608.9746 www.padsofelgin.org•PADS of Elgin Inc. is a 501 (C) 3 IRS recognized organization . ' EXHIBIT B ASSURANCES . _ The SUB-RECIPIENT hereby assures and certifies that it will comply with the regulations, policies, guidelines and requirements with respect to the acceptance and use of CDBG funds in accordance with the ACT and City of Elgin policies. Also,the SUB-RECIPIENT certifies with respect to the grant that: 1. It possesses legal authority to make a grant submission tO the City and to execute a community development and housing program; 2. Its governing body has duly adopted or passed as an official ict, a resolution, motion or similar action authorizing the person identified as the official representative of the SUB-RECIPIENT to execute the Agreement, all understandings and assurances contained her in, and directing the authorization of the person identified as the official representative of the SUB-R CIP1ENT to act in connection with the ei execution of the Agreement and to provide such additional inforri ation as may be required. 3. Prior to submission of its application to the City, the SUB-RECIPIENT has: (A) Met the citizen participation requirements of 570.301(l ) and has provided citizens with: (1) The estimate of the amount of CDBG funds Proposed to be used for activities that will benefit persons of low and moderate income; and (2) Its plan for minimizing displacement of perons as a result of activities assisted with CDBG funds and to assist persons actually displaced as a result of such activities; (B) Prepared its application in accordance with the polcies of the City of Elgin and made the application available to the public; 4. The grant will be conducted and administered in compliance w th: (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. L. 90-208), as amended; and that the SUB- RECIPIENT will administer all programs and actiVities related to housing and community development in a manner to affirmatively further fair housing; (C) Section 109 of the Housing and Community Development Act of 1974, as amended; and the regulations issued pursuant hereto; (D) Section 3 of the Housing and Urban Development Act of 1968, as amended; (E) Executive Order 11246-Equal Opportunity, as amen ed by Executive Orders 11375 and 12086, and implementing regulations issued at 41 CFR Chapt r 60; (F) Executive Order 11063-Equal Opportunity in Housing, as amended by Executive Order 12259, and implementing regulations at 24 CFR Part 107; (G) Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended, and implementing regulations when published in effect; (H) The Age Discrimination Act of 1975 (Pub. L. 94-135), as amended, and implementing 10 _ _. regulations when published for effect; (I) The relocation requirements of Title II and the acqnisition requirements of Title III of the Uniform Relocation Assistance and Real Property AcqUisition Policies Act of 1970, as amended, and the implementing regulations at 24 CFR Part 42, as required under 24 CFR 570.606; (J) The labor standards requirements as set forth in 24 CFR Part 570, Subpart K and HUD regulations issues to implement such requirements; (K) Executive Order 11988 relating to the evaluation of Mood hazards and Executive Order 11738 relating to the prevention, control and abatement of water pollution; (L) The flood insurance purchase requirements of Section 02(a) of the Flood Disaster Protection Act of 1973 (Pub. L. 93-234); (M) The Fair Housing Act (42 U.S.C. 3601-20); 5. Its notification, inspection, testing and abatement procedures concerning lead-based paint will comply with 570.608 and 24 CFR Part 35; and 6. When a grant is in excess of $100,000 it will comply kith all applicable standards, orders, or requirements issued under Section 308 of the Clean Air Act (412 U.S.C. 1857(h), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulation (40 CFR Part 15), which prohibit the use under nonexempt Federal contracts, grants or loans, of facilities included on the EPA list of Violating Facilities. The provision shall require reporting of violations to the City, HUD, and to the AESOP Assistant Administrator for Enforcement(EN-329). 7. It has developed its application so as to give maximum feasi le priority to activities which benefit low and moderate income families or aid in the prevention or eli ination of slums or blight; (the application may also include activities which the SUB-RECIPIENT certi mes are designed to meet other community development needs having a particular urgency because existi g conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); 8. It is following the current City of Elgin Consolidated Plan wh...ch has been approved by HUD pursuant to 570.306; and 9. It will not attempt to recover any capital costs of public improvements assisted in whole or in part with funds provided under Section 106 of the ACT or with amount resulting from a guarantee under Section 108 of the ACT by assessing any amount against properties owned and occupied by persons of low and ' moderate income, including any fee charged or assessment ;).ade as a condition of obtaining access to such public improvements, unless: (1) funds received under ection 106 of the ACT are used to pay the proportion of such fee or assessment that relates to the capital costs of such public improvements that are financed from revenue sources other than under Title I of the ACT; or (2) for purposes of assessing any amount against properties owned and occupied by low and moderate income persons, the SUB- RECIPIENT certifies that it lacks sufficient funds received under Section 106 of the ACT to comply with the requirements of subparagraph (1)above. 10. The SUB-RECIPIENT certifies that it will provide a drug-free workplace by: (A) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the SUB-RECIPIENT'S workplace and specifying the actions that will be taken against employees for violation of such prohibition; 11 (B) Establishing a drug-free awareness program to inform epioyees about: (1) The dangers of drug abuse in the workplace; (2) The SUB-RECIPIENT'S policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. (C) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph(A); (D) Notifying the employee in the statement required by paragraph (A) that, as a condition of employment under the grant, the employee will: (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug stat te conviction for a violation occurring in the workplace no later than five days after sue suc1 conviction; (E) Notifying the City of Elgin's Community Development Department within ten (10) days after receiving notice under subparagraph (D)(2) from ari employee or otherwise receiving actual notice of such conviction; (F) Taking one of the following actions, within 30 day of receiving notice under subparagraph (D)(2), with respect to any employee who is so convicted: (1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate sat sfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (G) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (A), (B), (C), (D), (E) and (F). 11. It has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations. 12. In regards to lobbying, the SUB-RECIPIENT certifies: (A) No Federal appropriated funds have been paid or iIl be paid, by or on behalf of the SUB- RECIPIENT, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendmen , or modification of any Federal contract, grant, loan, or cooperative agreement. (B) If any funds other than Federal appropriated funds hEive been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the Federal contract, grant, loan, or cOoperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 12 (C) The SUB-RECIPIENT shall require that the languagç of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) an4 that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject tO a civil penalty of not less than $10,000 and not more than$100,000 for each such failure. 13 EXHIBIT C EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION Community Development Block Grant Prdgram City of Elgin The undersigned understands and agrees that it is a SUB-RECIPIENT of the Community Development Block Grant Program of the City of Elgin. The undersigned also agrees there shall be no discrimination against any employee who is employed in carrying out work from the assistance received from the City of Elgin and the Department of Housing and Urban Development, or against any appliCant for such employment, because of race, color, religion, sex, age or national origin, including but not limited to employment, upgrading, demotion or transfer; recruitment or recruitment advertising; lay off or teiniination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The SUB-RECIPIENT further agrees to the following: (1) It will incorporate or cause to be incorporated into any grant ontract, loan, grant insurance or guarantee involving Federally assisted construction work, or modificati n thereof, which is paid for in whole or in part with funds obtained from the Community DevelopMent Block Grant program, the language contained in HUD Equal Employment Opportunity Regulations at 42 CFR 130.15(b), in Executive Order 11246, as amended by Executive Orders 11375 and 12006, and implementing regulations issued in 41 CFR Chapter 60. (2) It will be bound by said equal opportunity clause with respect to its own employment practices when it participates in any Community Development Block Grant Program construction. (3) It will assist and cooperate actively with the City of Elgin, the Department of Housing and Urban Development and the Secretary of Labor in obtaining the co -1 pliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations an?relevant orders of the Secretary of Labor. (4) It will furnish the City of Elgin, the Department of Housing and Urban Development and the Secretary of Labor such information as they may require for the supervision of such compliance, and will otherwise assist the City of Elgin and the Department of Housing and Urban Development in the discharge of primary responsibility for securing compliance. (5) It will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from o1- who has not demonstrated eligibility for government contracts and Federally assisted construction contracts pursuant to the Executive Order. (6) It will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the Secretary of Labor, the City of Elgin or the Department of Housing and Urban Development. (7) In the event that SUB-RECIPIENT fails or refuses to compl with the undertaking, the City of Elgin, or the Department of Housing and Urban Development may tak any or all of the following actions: cancel, terminate or suspend, in whole or in part, this grant, refrain rom extending any further assistance to the SUB-RECIPIENT until satisfactory assurance of future com liance has been received; and refer the case to the Department of Housing and Urban Development for appropriate legal proceedings. 14 SUB-RECIPIENT: P.A.D.S. of Elgin, Inc. BY: 1730 1' - Street, Elgi t linois, 60123 P4 •ennis Hewitt Executive Director DATE: ATT 15 III ► Report to Mayor& Members of City Council E LG I N THE CITY IN THE SUBURBS MEETING DATE: December 1, 2010 INITIATIVE L: Community Development Block Grant Sub-Recipient Agreement with Public Action to Deliver Shelter of Elgin COMMUNITY GOAL • Neighborhood Vitality: Support a variety of neighborhood organizations and community efforts to bring residents together OBJECTIVE • Provide financial support to Public Action to Deliver Shelter of Elgin through the Community Development Block Grant Program PURPOSE • Ensure a network of integrated and effective health and human services for those in need RECOMMENDATION • Authorize staff to execute a Sub-Recipient Agreement with Public Action to Deliver Shelter of Elgin to assist with the reimbursement of monthly lease expenses for their emergency shelter in the amount of$50,000 BACKGROUND Public Action to Deliver Shelter (PADS) of Elgin, a not-for-profit organization, was founded in 1989 to provide overnight shelter and case management to homeless individuals and families in the Elgin area. PADS' mission is to break the cycle of homelessness by comprehensively addressing the needs of the local homeless population. After several years of searching for a suitable location for a permanent facility, PADS was able, with support from the city, to secure a site at 1730 Berkley Street on Elgin's west side. The center, known as the Douglas L. Hoeft Resource Center, was established in July 2007. It functions as both a permanent shelter and headquarters for the organization. The shelter has the capacity to house 55-60 individuals and offers shower and laundry facilities.The shelter also PADS of Elgin applied for Community Development Block Grant (CDBG) funds in 2009. The funding was approved by the city council in March 2010 and incorporated into the 2010 Annual Updated Action Plan. The plan was submitted to the Department of Housing and Urban Development (HUD) and approved in May 2010. PADS of Elgin was allocated a total of$50,000 in funds from the 2010 CDBG program year. The funds will be used by PADS to pay monthly costs associated with the lease of the building located at 1730 Berkley Street in Elgin. OPERATIONAL ANALYSIS PADS' clients do not typically compare with the stereotypical perception of "street" or "homeless" persons. Families with children are among the fastest growing segments of the homeless population. Sixty percent of adults who use the shelter as their temporary home regularly work in income-producing jobs. When in the shelter, they assist with cleanup operations before leaving for work. PADS classifies them as the "working poor." Additionally, a large number of those served by PADS of Elgin suffer from mental illness or developmental disabilities. These persons have a tendency to remain homeless for longer periods, have less contact with their families and encounter more barriers to employment. Between July 2009 and June 2010, PADS provided safe nights of shelter to over 450 men, women and their family members. These numbers represent a 12 percent increase from the previous year. PADS coordinates its services with its other primary partners in the area including Ecker Center for Mental Health, Community Crisis Center, Soup Kettle, Renz Addiction Counseling Center and Greater Elgin Family Care Center. It should be noted that PADS of Elgin has requested and has been awarded CDBG funds in 2003, 2007 and 2009. The organization has complied with all the federal requirements of the CDBG Grant Program and the city's sub-recipient agreement for the previous years. INTERESTED PERSONS CONTACTED Staff of the Community Development Department contacted Sergeant John Demmin of the Elgin Police Department and Vince Cuchetto, Code Enforcement Supervisor, to gauge their recent and past experiences with PADS. Both reported a continued positive experience and expressed an appreciation for the value of the organization's services to the community. A) ill a FINANCIAL ANALYSIS The CDBG grant is proposed to be used solely to cover cots associated with the lease of the Hoeft Resource Center. The facility has a monthly lease rat- of$7,721 over a 12-month period totaling $92,652. To offset the amount requested through t e CDBG program, PADS uses other funding sources such as the United Way of Elgin, local and s ate government grants, fundraisers and other charitable contributions to cover the total co.t. A more detailed assessment is provided within their application package. In 2009,the city entered into a similar CDBG grant agreement with PADS of Elgin for$50,000. While PADS receives grants from various sources for specific programs, the organization has also collaborated with the city through a purchase of service agreement to provide financial assistance for operating expenses that include the salary expenses for the site coordinator. BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT#(S) AMOUNT AMOUNT BUDGETED AVAILABLE CDBG 230-0000-791.30-99 154649 $50,000 $50,000 LEGAL IMPACT A sub-recipient agreement between the city and PADS of Elgin will need to be executed. ALTERNATIVE COURSES OF ACTION The city council may choose not to approve the Sub-Recipient Agreement with PADS of Elgin. NEXT STEPS 1. Execute a sub-recipient agreement with PADS of Elgin 2. Process payment as approved by the agreement 3. Complete review and monitoring of PADS' clientele files by March 2011 to ensure compliance with the national objectives of the program that requires service to low- to moderate-income persons 4. Request and review quarterly reports from the sub-recipient 5. Submit annual reports to HUD on the sub-recipient's activities 6. Prepare sub-recipient files for on-site monitoring by HUD prior to closing out project iI, '411) Prepared by: Denise Momodu, Associate Planner Reviewed by: Sarosh Saher, Senior Planner Reviewed by: Marc Mylott, Community Development Director Reviewed by: Colleen Lavery, Chief Financial Officer Reviewed by: William A. Cogley, Corporation Counsel/Chief Development Officer Final Review by: Richard G. Kozal, Assistant City Manager/Chief Operating Officer Approved by: Sean . Stegall, City Manager ATTACHMENTS A: Draft Sub-recipient Agreement JIIh AGREEMENT BETWEEN THE CITY OF ELGIN, P.A.D.S.OF ELGIN,INC. This AGREEMENT is entered into as of the da, of , 2010, by and between the CITY OF ELGIN,an Illinois municipal corporation(here'a. `er called"GRANTEE" or"CITY")and P.A.D.S. OF ELGIN, Inc., a not-for-profit corporation incorporated p •at to the laws of the State of Illinois, (hereinafter called "SUB-RECIPIENT") having a principal place of business at 1730 Berkley Street, Elgin, Illinois,60123. I. RECITALS A. CITY has applied for Community Developmen Block Grant Funds (hereinafter referred to as "CDBG fluids") from the United States Departm- at of Housing and Urban Development (hereinafter called "HUD") as provided by the Hous-i g and Community Development Act of 1974,as amended(P.L.93-383)(hereinafter called"AC 1 "). B. CITY has considered and approved the applica 'an of SUB-RECIPIENT for CDBG funds allotted to CITY for distribution to SUB-RECIPIENT. C. The CITY and SUB RECIPIENT enter into th Agreement pursuant to their respective powers to enter into such Agreements,as those powers . e defined in the Illinois Constitution and applicable statutes. II. SCOPE OF THE PROJECT A. SUB-RECIPIENT hereby agrees to perform, si a timely fashion, the activities provided for herein, and those previously defined and identifies in the Project Application and project description submitted by the SUB-RECIPIENT, I.ted December 16, 2009, and. entitled "Emergency Shelter Program," a copy of which i. attached hereto as Exhibit "A" and incorporated herein by this reference(hereinafter referr-a to as the"PROJECT"). B. All funding provided to SUB-RECIPIENT s'all be used solely to reimburse SUB- RECIPIENT for monthly rental costs associated with he lease of the facility at 1730 Berkley Street,Elgin, Illinois. This facility is to be used exclus vely for the provision of support services and counseling activities that aid homeless families .a d individuals to become self-sufficient members of society. Services provided at the facilit are to be consistent with the scope and intent of the PROJECT. All individuals served by S „-RECIPIENT pursuant to this agreement will be low and moderate income persons as defined by►4 CFR 570.208 (a)(2)(i)(A). C. The SUB-RECIPIENT shall develop and sub'o't to the CITY an Outcome Performance Measurement Statement that establishes project goal. and objectives, identifies performance indicators, and estimates the number of clientele to a- served. The SUB-RECIPIENT shall provide quarterly Progress Reports to the CITY, reporting on the status of the PROJECT in relation to the percent of project completion, accomp ishments, effectiveness of the project as related to the goals and objectives, and the clientele served, including number served, client access to the service (either new or improved access), and demographics. The progress reports shall begin upon the signing of the Agreement and s i all continue until the completion of this project or until directed to discontinue such reports in wl 'ting by the CITY. rm. D. Prior to the expenditure of CDBG funds, S -RECIPIENT shall meet with the City's Community Development Group staff to establish ..cceptable documentation and guidelines 1 regarding requests for payment for the activities described in the Scope of Work. No payment of CDBG funds will be made by City without the required documentation. E. SUB-RECIPIENT shall return to the CITY any program income, as defined in 24 CFR Part 570.500(a), which is generated as a result of this PROJECT. All written requests for an exception to this agreement shall be made, in writing, to the City's Community Development Department explaining why the SUB-RECIPIENT needs the income, the specific activities the SUB-RECIPIENT will undertake with the funds and how the SUB-RECIPIENT will report the income and expenditures to the CITY. A written response to the request will be provided to SUB-RECIPIENT from the CITY. M. AMOUNT AND TERMS OF GRANT A. The CITY shall distribute to SUB-RECIPIENT, as SUB RECIPIENT'S portion of the total grant received by the CITY and in consideration of the SUB-RECIPIENT'S undertaking to perform the PROJECT, a maximum of$50,000 (hereinafter "Grant Funds"), to be paid in the manner provided for herein at Sections II (D) and VU. Prior to the initial payment of Grant Funds, SUB-RECIPIENT shall submit, to the CITY, their Outcome Performance Measurement Statement and progress report indicating client demographics and program status. SUB- RECIPIENT shall submit quarterly progress reports, by the 10th day following the end of the preceding quarter,to the CITY. The amount to be paid to SUB-RECIPIENT will be based upon the work completed and the submittal of employee work reports in support of the invoiced amount. B. This PROJECT shall be identified as Project No. 154649 and Account No. 230-0000- 79130-99, which identifying numbers shall be used by SUB RECIPIENT on all payment requests. "111) N. SUB-RECIPIENTS COMPLIANCE WITH THE ACT A. CITY shall assist SUB-RECIPIENT in making application for CDBG funds. B. SUB-RECIPIENT shall abide by the Act and all HUD rules and regulations promulgated to implement the Act. C. SUB-RECIPIENT shall, upon request of the CITY, (1) assist in the completion of an environmental review and (2) complete certifications showing equal employment opportunity compliance including equal employment opportunity certifications with reference to the PROJECT,as set forth in Exhibit"C"attached hereto and made a part hereof. D. SUB-RECIPIENT,in performing under this Agreement,shall: 1. Not discriminate against any worker, employee, or applicant, or any member of the public, because of race, creed, color, sex, age or national origin, nor otherwise commit an unfair employment practice;and 2. Take affirmative action to insure that applicants are employed without regard to race, creed, color, sex, age or national origin,with such affirmative action including,but not limited to the following: Employment, upgrading, demotion or transfer, termination, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, selection for training,including apprenticeship. 2 E. SUB-RECIPIENT shall permit the CITY anal the Department of Housing and Urban Development to conduct on-site reviews, examine p onnel and employment records and to conduct any other procedures or practices to assure compliance with the provisions of this agreement. SUB-RECIPIENT shall post in conspi ous places available to employees and applicants for employment notices setting forth the pro 'sions of Section IV(D)above. F. SUB-RECIPIENT shall not violate any law., state or federal rules or regulations, including but not limited to those regarding a direct or indirect illegal interest on the part of any employee or elected official of the SUB-RECrPIE in the PROJECT or payments made pursuant to this Agreement. G. SUB-RECIPIENT hereby warrants and repre :its that neither the project, including but not limited to any funds provided pursuant thereto, nor any personnel employed in the administration of the program shall be in any way or to any extent engaged in the conduct of political activities in contravention of Chapter 15 of Title 5, United States Code, commonly known as the Hatch Act. H. SUB RECIPIENT shall maintain records to sha w actual time devoted and costs incurred, in relation to the PROJECT, and shall prepare and submit quarterly progress reports which describe the work already performed and anticipated d ring the remaining time of the PROJECT. Upon fifteen (15) days notice from the CITY, origin: or certified copies of all time sheets, billings, and other documentation used in the prep. . :an of said progress reports shall be made available for inspection, copying, or auditing by the I TTY at any time during normal business hours,at 150 Dexter Court,Elgin,Illinois. I. SUB-RECIPIENT shall adopt the audit requir as ents of the Office of Management and Budget (hereinafter "OMB") Circular A-133, "Audit. of Institutions of Higher Learning and Other Non-Profit Institutions." SUB-RECIPIENT s I.11 submit to the CITY one copy of said audit report. SUB-RECIPIENT shall permit the authorized representatives of the CITY, HUD and the Comptroller General of the United States to 'a - and audit all data and reports of the SUB-RECIPIENT relating to its performance under the Agreement. J. SUB-RECIPIENT and CITY shall at alltime observe and comply with Title 24 CFR Part 570 and all applicable laws,ordinances or regulati ens of the Federal, State,County,and local government,which may in any manner affect the perfo ance of this Agreement. K. SUB RECIPIENT shall transfer to the CITY any unused CDBG funds and submit all billings attributable to this Project at the time this Agre as ent expires. L. SUB-RECIPIENT will ensure that any real property under the SUB-RECIPIENTS control that was acquired and/or improved in whole or in part with CDBG funds in excess of $25,000 is used exclusively for the benefit of low ani moderate income persons as defined by HUI),for a period of 15 years after the expiration of thi. agreement M. If during the 15 year period after the expiratio a of this Agreement,the SUB-RECIPIENT disposes of any property under the SUB-RECIP 'S control that was acquired and/or improved in whole or in part with CDBG funds in ex :ss of$25,000,then the SUB-RECIPIENT will reimburse the CITY in the amount of the current air market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to,the property in accordance with 24 CE' 570.503(b)(8)and 24 CFR 570.505. 3 V. RIGHTS TO SUBCONTRACT A. SUB-RECIPIENT is herewith granted authority to subcontract all or any portion of the 414) PROJECT to such engineers, architects, independent land use consultants, professional land planner,construction contractors or other entities as SUB-RECIPIENT shall deem appropriate or necessary and upon such terms as may be acceptable to SUB-RECIPIENT. B. Administration of any subcontracts by the SUB-RECIPIENT shall be in conformance with 24 CFR Part 570.200(d)(2)and Part 85.36. VL SUB-RECIPIENT'S AUTHORIZATION TO ACCEPT PROPOSALS A. After the CITY has received notification that funds for the PROJECT have been released by HUD, the SUB RECIPIENT shall be authorized to accept the proposal of any subcontractor for the PROJECT. VIL BILLING PROCEDURE A. Upon Release of Grant Funds by HUD for the PROJECT, the CITY shall make disbursements to the SUB-RECIPIENT as either reimbursement for advances made by SUB- RECIPIENT or as advances for specific cash requirements of SUB-RECIPIENT for the PROJECT. All claims of SUB-RECIPIENT, whether for reimbursement or advancement, shall comply with the following requirements: 1. SUB-RECIPIENT shall submit a listing of all disbursements of CDBG Funds,on a form provided by the CITY. 2. Any claim for advancement of CDBG Funds shall be limited to an amount necessary for SUB-RECIPIENT to meet specific cash requirements for the PROJECT and shall be disbursed by SUB-RECIPIENT within three(3) working days of receipt by SUB-RECIPIENT. 3. Any request for reimbursement or advancement pertaining to work under contracts from the SUB-RECIPIENT shall include the following: a. For interim payments to contractors and subcontractors, certification that the work for which payment is requested has been performed and is in place and to the best of SUB-RECIPIENT'S knowledge, information and belief that, the quality of such work is in accordance with the contract and subcontracts, subject to: (i) any evaluation of such work as a functioning PROJECT upon substantial completion; (ii)the results of any subsequent tests permitted by the subcontract; and (iii) any defects or deficiencies not readily apparent upon inspection of the work;and b. For final payment, that the work has been performed in a satisfactory manner and in conformance with the contract. 4. Processing of all requests for payment shall be contingent upon the submission of the required documentation by the contractor and subcontractor to the CITY that fully complies with federal labor standards, uniform relocation act or any other applicable Al federal, state,or local statutes,rules or regulations. 4 5. SUB-RECIPIENT shall forward to th. CITY all billings, vouchers, and other documents representing any accounts payable, in such timely and reasonable manner as both parties shall determine;provided,howev- that in no event shall such documents be forwarded to the CITY later than twenty-one(•1) days after SUB-RECIPIENT'S receipt of such documents. 6. SUB-RECIPIENT shall cooperate with the CITY to facilitate the maintenance of financial records by the CITY as required by Tile 24 CFR 85. B. Upon submission of an acceptable claim for I . it Funds, the CITY shall process such claim and shall approve such claim for payment folio' 'a g approval by the City's Community Development Department, for compliance with i's Agreement and applicable HUD requirements. C. Except as provided for in Sections IX and X hereof, the CITY shall pay all required payments against eligible project costs, as describ I in Section II.B, incurred by SUB- RECIPIENT under this Agreement. VIII. ADMINISTRATION AND REPORTING REQUIREMENTS A. SUB RECIPIENT shall administer the Grant F ds in conformance with the regulations, policies, guidelines and requirements of OMB Circular a umbers A-110, and A-122, as they relate to the acceptance and use of federal funds for the PRO I CT. B. SUB-RECIPIENT shall submit all required information to -show compliance with applicablelaws, rules and regulations, as specified in this Agreement and shall submit to the CITY a quarterly progress report, by the 101 day fol owing the end of the preceding quarter. Other reporting requirements are specified in Exhibit' "attached hereto and made a part of this Agreement. IX. TERMINATION OF AGREEMENT OR SUSPENSION OF P•YMENT A. During the implementation of the PROJECT, a e CITY may terminate this Agreement or may suspend payment of Grant Funds to SUB-RECIP for SUB-RECIPIENT'S substantial breach of the Agreement,abandonment of the PROJEC or occurrence rendering impossible the performance by SUB RECIPIENT of this Agreement. B. During the implementation of the PROJECT, t e CITY may suspend payments of Grant Funds, due to use of funds in a manner unrelated to SUB-RECIPIENT'S performing the PROJECT, failure by SUB-RECIPIENT in submitting .upporting information or documentation for a claim, submission by SUB-RECIPIENT of in.orrect or incomplete reports, or SUB- RECIPIENT'S suspension of its pursuit of the PROJEC . C. In the event the CITY elects to terminate this A a eement or to suspend payments,for any reason stated hereinabove in paragraph A and B of 's Section IX, it shall notify the SUB- RECIPIENT, in writing, of such action, specifying a e particular deficiency, at least five (5) working days in advance of any such action and esta i lishing a time and a place for the SUB- RECIPIENT to refute the alleged deficiency at a time prior to the CITY'S taking such action. • After allowing the SUB-RECIPIENT the opportunity to refute or correct the alleged deficiency,if the alleged deficiency continues to exist, in the reason. •le opinion of the CITY, the CITY may withhold payment of the Grant Funds until such time .• the violation or breach is remedied. No 5 • action taken or withheld by the CITY under this paragraph shall relieve the SUB-RECIPIENT of its liability to the CITY for any funds expended in violation of any of the terms of this Agreement. 41) D. Unless terminated pursuant to the provisions of paragraph IX herein,this agreement shall terminate on May 31,2011. X. REMEDIES A. To the fullest extent permitted by law, SUB-RECIPIENT agrees to and shall indemnify, defend and hold harmless the CITY, its officers, employees, boards and commissions from and against any and all claims, suits,judgments, costs, attorneys fees, damages or any and all other relief of liability arising out of or resulting from or through, or alleged to arise out of, any breach of this agreement; misuse or misapplication of funds derived pursuant to this agreement by SUB- RECIPIENT; violation of any statutes, rules and regulations, directly or indirectly, by SUB- RECIPIENT and/or any of its agents or representatives; or any negligent acts or omissions of SUB-RECIPIENT or of SUB-RECIPIENT'S officers, employees, agents or subcontractors. In the event of any action against the CITY, its officers, employees, agents, boards or commissions covered by the foregoing duty to indemnify, defend and hold harmless, such action shall be defended by legal counsel of the CITY'S choosing. The provisions of this paragraph shall survive any termination and/or expiration of this Agreement. B. In the event of loss of approved Grant Funds for the PROJECT as a result of any violation or breach of this Agreement by the CITY, misuse or misapplication of funds received from HUD unrelated to the PROJECT, or any violation of the statutes, rules and regulations of HUD, directly or indirectly, the CITY and/or any of its agents or representatives, the CITY'S liability to SUB-RECIPIENT shall be limited to any funds which havepreviously been provided to SUB-RECIPIENT pursuant to this agreement. SUB-RECIPIENT hereby waives and releases the CITY from any and all other liability pursuant to any such breach,misuse, misapplication or violation of statutes,rules or regulations. C. In the event HUD,or any other federal agency,makes any claim which would give rise to invoking the remedy provisions, as set forth in paragraphs A or B of this Section X, then the CITY or SUB-RECIPIENT shall immediately notify the other party,in writing,providing the full details of the alleged violation. To the extent that any such matter is not subject to exclusive federal jurisdiction, venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this Agreement between the CITY and SUB-RECIPIENT shall be in the Circuit Court of Kane County,Illinois. D. In addition to any other remedies available to the CITY, if the CITY has lost or been prevented from receiving any federal funds,other than the Grant Funds, as a result of any alleged violation of law or other breach of this Agreement by SUB-RECIPIENT, the SUB-RECIPIENT shall repay, upon demand by the CITY, such amount of Grant Finds previously disbursed or allegedly due to the SUB-RECIPIENT. XI. TIMELINESS A. Time is of the essence of this agreement. SUB-RECIPIENT shall meet the schedule deadlines listed below. Any milestone which the SUB-RECIPIENT does not achieve within two months of the date listed will result in the SUB-RECIPIENT submitting a revised implementation schedule for approval by the City's Community Development Staff. Failure to achieve these deadlines may result in the loss or reduction of grant funds at the CITY'S discretion. 6 Milestones Date 1. Provide Emergency Shelter February 1,2010-August 31,2010 2. Provide Case Management February 1,2010-August 31,2010 3. Rental Reimbursement February 1,2010-August 31,2010 B. Total Number of Months Required for Project i ompletion 7 Months XII. MISCELLANEOUS PROVISIONS A. AMENDMENTS -This Agreement constitut:. the entire Agreement between the parties hereto. Any proposed change in this Agreement shbe submitted to the other party for prior approval. No modifications, additions, deletions, or th like,to this Agreement shall be effective unless and until such changes are executed,in writing, .y the authorized officers of each party. B. SUBJECT TO FINANCIAL ASSISTANCE •GREEMENT - This Agreement is made subject to financial assistance agreements between the i ITY and the United States Department of Housing and Urban Development, with the rights an• remedies of the parties hereto being in accordance with any such agreements. C. ASSIGNMENT - except as provided in Secti.n VI hereof, SUB-RECIPIENT shall not assign this Agreement or any part thereof and SUB-' CIPIENT 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, S : RECIPIENT shall provide an opinion of its attorney, in a form reasonably satisfactory to the C , that all steps necessary to adopt this Agreement, in a manner binding upon SUB-RECIP I ,have been taken by SUB RECIPIENT, and that SUB-RECIPIENT is in compliance with appli able local, state and federal statues,rules and regulations for the purpose of complying with this •greement. E. HEADINGS -The section headings of this Ay cement are for convenience and reference only and in no way define,limit, or describe the scope .r intent of this Agreement,and should be ignored in construing or interpreting this Agreement. F. The terms of this agreement shall be seve .ble. In the event any of the terms or provisions of this agreement are deemed to be void or o •erwise unenforceable for any reason,the remainder of this agreement shall remain in full force ..d effect. G. This agreement shall not be construed to creat: a joint venture,partnership, employment or other agency relationship between the parties hereto. r 7 IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the dates recited below. CITY OF ELGIN,an Illinois Municipal Corporation BY: Sean R. Stegall City Manager DATE: A 11'LST: Diane Robertson City Clerk SUB-RECIPIENT: PAD.S.of Elgin,Inc. 1730 Berkley Street,Elgin,Illinois,60.123 BY: Dennis Hewitt,Executive Director P.A.D.S.of Elgin,Inc., DATE: ATTEST: 8 EXHIBIT A SUB-RECIPIENT'S AMENDED CDBG •PLICATION elb4 9 CITY OF ELGIN CDBG PROGRAM PROJECT APPLICATION 2010-2011 PROGRAM YEAR Date of Submittal: December 16,2009 Q Project Name: y 6 epos Project Address: 1730 Berkley St. City:Elgin State: IL Zip Code: 60123 Submitting Agency/Organization: PADS of Elgin,Inc. Contact Person:Executive Director Name: Dennis Hewitt Address: 1730 Berkley St. City:Elgin State: IL Zip Code: 60123 Telephone: 847-608-9744 Fax: 847-608-9746 E-mail: dhhewitt( padsofelgin.org Amount of CDBG Funding Request: $50,000 City of Elgin Bloc Gran� t. 1.Project Scope and Purpose The mission of PADS of Elgin is to break the cycle of ho elessness by comprehensively addressing the needs of the local homeless population. In order to accomplish this,PADS provides full case management in addition to our shelter s-rvices. Our case managers are available 7 nights a week and 5 days a week. In-hous: case managers perform intakes of each person admitted to the shelter and assist : l ests in creating an action plan to help them deal with their individual issues. PADS gue• deal with a number of issues including mental illness,developmental disabilities,famil, violence and addiction. Still others,especially during these difficult economic times, s er from loss of jobs and homes,or have become displaced due to floods or fires. ase managers use life skills classes,employment training programs,job placement op Dortunities and money management programs to help guests progress in their ac.on plans, and address their individual needs. Case management is one of the most es. ntial parts of the PADS program,it not only provides hope for guests to overcom:their stumbling blocks, it also provides a plan to turn that hope into action. To help our clients progress,PADS also maintains a corn srehensive list of partner agencies to whom we can refer clients for specialized car:. These agencies include The Renz Addiction Center,Ecker Center for Mental Health, e Community Crisis Center, •and The Greater Elgin Family Care Center. PADS has al . partnered in our new buliding with Wayside Cross Ministries,who provide a day pro: • . for homeless and displaced persons. This year PADS has also added new programs to better serve our clients. These programs include SORT, an advocacy program which hel p s eligible individuals apply for Social Security Benfits,and the CHIP program which util zes a federal grant and a parnership with Renz Center to provide comprehensive ads iction counseling services to homeless individuals. PADS is also expanding our meals i.rogram to include full dinnners on site,to better serve clients with work and school obligations, or medical conditions. PADS operates the Douglas L Hoeft Resource Center,w ch functions as both a permanent shelter site and headquarters for the organization. The shelter has the capacity to house 55-60 individuals and also offers shower and la dry facilities. The shelter provides more meeting space for increased on site progr• is including AA meetings, educational classes,healthcare clinics,counseling sessio and asset building programs. There is a significant and demonstrable need for this pro y am in the City of Elgin. During the last fiscal year,the number of nights of shelter lorovided by PADS increased by 12%. The anticipated outcome of this program is to no only provide over 450 men, women and family members with safe shelter throughout ti e year, but also to break the cycle of homelessness by comprehensively addressing its k auses through case management,referral and advocacy. CDBG Funds will be used to cover costs associated with rent for the Hoeft Resource Center. The facility has a monthly lease rate of$7,721. Over a 12 month period,this totals$92,652. 2. Performance Measurement PADS Goals and Objectives: . 1. To provide temporary emergency overnight shelter to an estimated 450 unique men, women and family members from the Elgin area 2. Provide case management services,referrals and advocacy to all guests 3. Require guests who are staying over 30 days to participate in Action Plans which may include job training,mental health services,money management, etc. as needed to effectively facilitate integration Performance Measurements: 1. Registering all individuals who stay in our shelter with the HMIS data tracking system to determine number of clients served and record their demographics 2. Performing intake assessments on all registered PADS guests andusing the • information to create Action Plans which detail reasonable steps that guests will take to make progress towards achieving their goals 3. Requiring follow up assessments for all guests and their action plans every 30 days, when progress will be monitored,and plans will be expanded and adjusted based upon goals that have been accomplished and steps that have been taken 3.National Objective PADS meets national objectives by benefiting low income persons and households, and also by providing community services of particular urgency because current conditions pose serious threats to health and welfare of those unable to find safe shelter,and other resources are not currently available to fill this need in our community. 4.Eligible Activity Public Services 5.Low & Moderate Income Benefit Statement All PADS clients are homeless;therefore 100%of our clients are considered low income. PADS benefits these clients by providing safe shelter and support services including case management, life skills training, advocacy and referrals to our network of partner agencies. The number of households or individuals expected to benefit from this program is 450. We are also currently experiencing a 12%increase in the number of nights of stay over last year. Registering clients allows us to calculate the number of individuals served per year and daily guests logs allow us to calculate the number of nights of shelter provided each year as well as the amount of additional non-shelter services provided. Intake interviews allow us to determine that all of our clients are low income. 6. Documentation and Reporting I • Case managers will be responsible for collecting all demographic information, number of persons and households served,income levels,household size,and all race and gender information. Case managers and administrative staff will Ipe responsible for tracking all information with an in house computer program accepted Ly the Department of Human Services and Department of Commerce and Economic Op ortunity. PADS will provide this information in reports to the City of Elgin as required. r elk PROJECT APPLICATION(continued) 7. PROJECT COST ESTIMATE: Provide cost information in the table below and/or attach additional cost estimate summaries. Project Components Estimated Cost A.Emergency Shelter Including Case Management $456,600 Total Project Cost $456,600 Total CDBG Funding Request $50,000 Total Contribution From other Funding Sources $406,600 8. OTHER PROJECT FUNDING SOURCES AND AMOUNTS • 'I.1.) Funding Source Amount of Funding A.Fundraisers $81,500 B. Contributions $122,977 C. Government Grants $177,123 D.United Way $25,000 Total Contributions From Other Funding Sources $406,600 A) PROJECT APPLICATION(continued) 9.PROJECT IMPLEMENTATION: List the major tasks that will be accomplished through thi i project and provide a completion date for each task. Task Completion Date A. Provide Emergency Shelter Feb ary 1, 2010-August 31,2010 B.Provide Case Management Feb . 1,2010-August 31,2010 C.Rental Reimbursement Feb . 1,2010-August 31,2010 Total number of months required for project completion: Months ebb' { id) "Providing overnight shelter and service coordination to the F1lgin area homeless" •' N 'iv PADS of Elgin, Inc. is breaking the cycle of homelessness by comprehensively addressing the needs of the local homeless population. PADS has been the catalyst in fostering C- j community partnerships that effectively and efficiently provide coordinated services in • support of short-term as well as longer-term ; N customized care targeting client growth, }.L development, and self sufficiency. r� :'`>. Illinois Department of Revenue Office of Local Government Services • x /.';';::.-�' ;; a; Sales Tax Exemption Section, 3-520 _� 101 W. Jefferson Street 2 '- Springfield, Illinois 62702 ,--- 217 782-8881 ( May 7, 2004 • ELGIN PUBLIC ACTION TO DELIVER SHELTER INC EXECUTIVE DIRECTOR 164 DIVISION. ST SUITE 503 ELGIN. IL 60120 - _ ---We have.received yolir--recent--I•euer; and-based-on-the-in •rm-at+en-you rnishe-d,--we-believe. ..- -- ELGIN PUBLIC ACTION TO DELIVER SHE TER INC of ELGIN, IL is organized and operated exclusively for charitable purposes. Consequently, sales of arty kind to this organization are e empt from the Retailers' Occupa- tion Tax, the Service Occupation Tax (both state and local , the Use Tax, and the Service Service Use Tax in Illinois. .rI. We have issued your organization the following tax exem• ion identification number. E9957-3598-03. To claim the exemption, you .mustprovid; this number to your suppliers when purchasing tangible personal property for organizatio al use. This exemption- may not be used by individual members of the organization to ma4e purchases for their individual use. This exemption will expire on June 1, 2009, unless you apply to the Illinois Depart- ment of Revenue for renewal at least three months prior o the expiration date. Office of Local Government Services Illinois Dep.rtment of Revenue • STS-49 (R-2/98) 1L-492-3456 11-0000027 r ,,, File Number 5612-306-7 ATTACHMENT B • ji) . Ate II • 1 , 4` ••• "— — --_ "lei. • / 41(. 01111 A(.-,) , • • • • • ...A. %) * 141ft- • ) • • • •\ • • \J • El • :444:Pt. •; •" , •• • • • " * 1tfi "r".40 - AIRTICLES OF AMENDMENT TO THE ARTICLES OF INCORPORATION OF P.A.D.S. OF ELGIN, INC. INCORPORATED UNDER THE LAWS OF THE STATE OF ILLINOIS HAVE BEEN • FILED IN THE OFFICE OF THE SECRETARY OF STATE AS PROVIDED BY THE GENERAL NOT FOR PROFIT CORPORATION ACT OF ILLINOIS, IN FORCE JANUARY 1 , A.D: 1987. • 44) A/cte e & fanceeetax_e,clY1 a I&Vtlz& • 92tat6, fignz2i4 catetex,& gz&Itauslem,coeiled nz&air hze,6d Aexeit, Zdzize& dz0.42e& and a&wA' Aexelaa, colt, .dz& tif • • t34'/ cedaid callicaca4.-an6 • Ttlit ErritintorT Riberrof, fizexelo-.ie4 n-u, arid cau4e.ec2, tz&alleved 4‘g.xecdYea/ dz.&Y‘atee„ • • as ae,cd* , • 22ND daY'(31 DECEMBER ,se9 is 94 and cy /uAdelliendenze, dz.e,Suted Mateo., dz.e,4.0o.kenci_Aed and .19TH • • . Aallk Adeihraragiad, Litgraria. SECRETARY 0 STAT. / 2,2.1 . . • • • •• NFP-110.30 • File# (Rev.Jan. 1987) • • GEORGE H. RYAN Secretary of State State of Illinois This Space For Use By Submit in Duplicate Secretarypf State Remit payment in Check or Money Date ! Order,payable to 'Secretary of ARTICLES OF AMENDMENT _— State." under the Filing Fee GENERAL NOT FOR PROFIT CORPORATION ACT DO NOT SEND CASH! Approved g • Pursuant to the provisions of "The General Not For Profit Corpora ion Act of 1986," the undersigned corporation hereby adopts these Articles of Amendment to its Artic es of Incorporation. P.A.D. . OP ELGIN, INC. ARTICLE ONE The name of the corporation is . • (Note 1) • • December 8, ARTICLE TWO The following amendment to the Articles of InCorporation was adopted 19_94 in the manner indicated below ("X"ore box only.) • )ra Bjr the affirmative vote of a majority of the directors in office, at a meeting of the board of directors, in accordance with Section. 110.15. (Note 2) D By written consent,signed by all the directors in office,in compliance with Sections • 110.15 and 108.45 of this Act. (Note 3) D. By the members ata meeting of members entitled to vote.by the affirmative vote Of the members having not less than the minimum lumber of votes necessary to adopt • such amendment,as provided by this Act,the articles of incorporation orthe bylaws, in accordance with Section 110.20. • (Note 4) • El By written consent signed by members entitled to vote having not less than the minimum number of votes necessary to adopt stitch amendment,as provided by this Act,the articles of incorporation,or the bylaws,in compliance with Sections 107.10 and 110.20 of this Act. • (Note 4) • (INSERT RESOLUTION) • • SEE ATTACHED • • • • • • • ARTICLES OF AMENDMENT P.A.D.S. OF ELGIN, INC. A141% . • DECEMBER B, 1994. 5 . PURPOSE: The corporation is organized exclusively for • charitable, .educational, religious or scientific purposes within the meaning of section 501 (c) (3) of the Internal Revenue Code. • A. INUREMENT OF INCOME: No part of the net earnings of the corporation shall inure to the benefit of, or be distributable to, its members, trustees, officers or other private persons except that the corporation shall be authorized and empowered to pay reasonable compensation for • services rendered. • B. LEGISLATIVE OR POLITICAL ACTIVITIES: No substantial .part of the activities of the coiporation shall be the carrying on of propaganda or otherwise attempting to • ' influence legislation and the corporation shall not • participate in or intervene (including the publishing or • distribution of statements) any political campaign on behalf • . of any candidate for public office. . • • • 6 . OPERATIONAL. LIMITATIONS: Notwithstanding any other provisions of these articles, the corporation shall not carry on any other activities not permitted to be carried on (a) by . a corporation exempt from Federal Income Tax under section • 501 (c) (3) of the Internal Revenue Code. of 1986 (or the• corresponding provision of any future United. States Internal Revenue Law) or (b) by a corporation, contributions, to which are deductible under section 170 (c) (2) of the Internal Revenue Code of 1986 (or the corresponding provision of any future United States Internal Revenue Law) . . 7 . DISSOLUTION CLAUSE: Upon the dissolution of the corporation, the Board of Trustees shall, after paying or • making provisions for the payment of all the liabilities of - . the corporation, dispose of all the assets of the corporation • . exclusively for the purposes of the -corporation in such manner, or to such organization or organizations organized and operated exclusively for charitable, educational; religious, or scientific purposes as shall at the time qualify as an exempt organization or organizations under section 501 (c) (3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future United States Internal Revenue Law) , as the Board of Trustees shall • determine. Any such assets not so disposed of shall be disposed of by the Court of Common Pleas of the county in which the principal office of the corporation is then • located, exclusively for such purposes or to such organization or organizations, as said court shall deteimine • • • which are organized and operated exclusiely for such purposes. • • • • • • • • • • • • • • • • • • • • . File Number 5612-306-7 • . . ::----- . - 7"...:. .,-0.0...-....---- . . ___-----:-. .•-?..----------, ... • .. ..• / Ci,,tov• i .4e-' 6. 11 ' C) • ' . . N'..* :1 s'. . •• - ,4- Is. .0.0. _ k. A ..,,.... ..;•,,T.-AroMker I i * C... A.:,\ --.:; _.-•-:". 41Z-miji • cr-srI) • / . fev yei,_,..,,,47, . , . . ... -1 e.. . . .r) . ,,-.4.1 :;•! .r.• .' ... 4_. • . %. --,...,ap ,. ...r... . . . - . . ' . 1111/4"115, ARTICLES OF INCORPORATION OF . ' . P .A.D .S . OF ELGIN, INC, INCORPORATED UNDER THE LAWS OF THE STATE OF ILLINOIS HAVE BEEN FILED IN. THE OFFICE OF THE SECRETARY OF STATE AS PROVIDED BY THE GENERAL NOT FOR PROFIT CORPORATION ACT OF ILLINOIS ,. IN FORCE ( JANUARY 1 , A.D. 1987. . . - ..) . . . • • . . . eW ''') ze , ..te. ard6e.e .44 c:ice.peey- y/g6* Ida, C:j/.th /, "717eg leatha.# GV;eiee ariae..-A' e/*/‘ 4 . adeee 6‘, ceiee, ameg(azarit Xit.;?ern a c7/e 97de? "";'• '7/ y , .vz 0/ - ec6feela-e.a/c2e7z. •Mn Zr Illit11011111titirtiof, fl‘e'Pe/o.Je(inp---,landi,azeed..5,,Zo • A(;,ezlZz-ee?///e',3tecz/(;?e9aeogZSgz494f/dno • ,aai;4.90t/75;54e-/. afej. , 28TH Api,St440111 , _SEFTEMBER ,4.0,7.9 90 ,wd' '....'•1 tl:C4''"; '*Ir---- -t4 f r 9 1:44.,-7;;(40 eitez/e)/ce.e/1/47941z.k?dffla,4a3, • ;,..,',..Ktr , ...- ,„ , 7./ gr,3 *--v ,x ... 0 .44-/coo.-4,72eitea<a.nd 15TH • . • tul '"'s :.. -..-*;- ..kr*—)/.. ml - (,..L . E _ ft,f .,, tz.:„.. ..4t7„:„ _.„ . v- ,,:.5./..„..;t7...F-1, -Y*-- ....) .(4./ .,,.... ......:i:i::•„- .. ' li.. .26n SECRETARY Of .1,, ,L. - '''''.1-.- -4- - ' :-212 • FORM NP-102.10 ARTICLES OF INCORPOR •TION /Oe Nor Wnrin ThisS0,ce, (Revised 5-88) — i.71431"- 7'64SUBMIT IN DUPLICATE Date Paid Payment must be made by Certified Check Cas tars'Check.Illinois Filing Fee S50 • Attorney's Check.Illinois C.P.A.'s Check or Mp ey Order.payable to"secretary of State." Clerkern- DO NOT SEND CASH' • TO: JIM EDGAR, Secretary of State • Pursuant to the provisions of "The General Not For Profit Corpor•.tion Act of 1986", the undersigned incor- porator(sj hereby adopt the following Articles of Incorporation. Article 1_ The name of the corporation is: F• . . . :of E gin, Inc.. Article 2. The name and address of the initial registered agent and registered office are: Registered Agent F_redpri r•k T Stofffan First Name Middle Name Last Name Registered Office 17 Douglas Avenue Number Street (Do Not Use P.O.Box, Elgin IL • Kane City Zip Code County Article 3. ! The first Board of Directors shall be �- in number, their names and addresses being as follows: (Not less than Three, Addnaa Dinctora'Nem.a Numb.r Street. City State • Rev. David Engbarth 272 Division St. Elgin Tr. An170 ::a :•S• .. e►. . -. - • IL 60120 Rev. Donald Schmidt 256 E. Chicago St. Elgin, IL 60120( • • • • • Article 4. The purposes for which the corporation is organized are: To provide for shelter for homeless persons in the Elgin, Illinois area. • Is this corporation a Condominium Association as established under the Condominium Property Act? 0 Yes X2 No (Check one) • Is this corporation a Cooperative Housing Corporation as defined in Section 216 of the Internal Revenue Code of 1954? 0 Yes Il' No (Check one) Is this a Homeowner's Association which administers a common-interest community as defined in sub- section (c) of Section 9-102 of the Code of Civil Procedure? 0 Yes No Article 5_ Other provisions (please use separate page): P.A.D.S. OF ELGIN,INC.-BOARD OF DIRECTORS Name Address&HomeWork Telephone/ Fax! Telephone - Cell Email Address ,,,psi - Susan Angell-Case 202 Atwell Street (847)452-8831 (312) 592-2229 Realtor® Elgin,I1. 60124 Sangellcase�?a,aol.com Baird&Warner (847)468-1387 Secretary Ron Barkby 37W240 Olwin Drive Cell RBARKBY@comcast.net Consultant Elgin,Il. 60124 (847) 812-0466 President (847)742-3138 Marlene Daubert 330 Griswold St. (847)888-2882 m.daubert@wowway.com Diaconal Minister Elgin,Il. 60123 (847)602-6401 Zion Lutheran (847)697-8291 Church Charles Falls 18 Villa Street (847)931-5800 (847)931-5801 President Elgin,II. 60120 cfalls@demicooper.coni Demi&Cooper Advertising Dan Fox 890 Douglas Cell nigelfoxx@,aol.com Consultant Elgin,11. 60120 (847)217-5650 Fox&Waters (847)695-8706 Leader Training Doug Kramp 31 S.Union krampdc@yaboo.com Scientist'Engr. Elgin,Il. 60123 Retired (847)741-4903 Vice President An Susan Moylan 1879 Banks Drive suebill1965@sbcglobal.net Retired College Elgin,II. 60123 Administrator (847)888-0056 Joyce Lueth 1405 Brandywine Cr. Office: 847-622-8800 jluethfirstcombank.com Senior Vice President Algonquin I160102 Home: 847-658-4528 First Community Bank Ron O'Neal 622 Robin Ridge (630)844-5619 RD01241@aol.com Program Chair Elgin,Il. 60123 for the Masters (847)888-2214 Program Aurora University Emi Morales 559 Columbia Cell: emi@emimorales.com Attorney at Law Elgin,IL 60123 (847)452-2865 M • Resolution No. 09-1209-3 1 AUTHORIZING APPLICATION FOR CITY OF ELGIIIT COMMUNITY DEVELOPMENT FUNDS AND EXECUTION OF ALL NECESSARY DOCUMENTS WHEREAS,PADS of Elgin,Inc. has determined that it iniits best interest to submit an application for City of Elgin Community Development Finds for The Emergency Shelter Project; and • WHEREAS, said project will provide shelter and services to approximately 450 people including residents of City of Elgin; and WHEREAS,the City of Elgin Board must approve said #lication and will require PADS of Elgin, Inc.to execute a Funding Agreement and other necessary documents upon such approval; NOW, THEREFORE,BE IT RESOLVED that Dennis licwitt,Executive Director(1730 Berkley St in Elgin, 847-608-9744)is hereby authorized tO execute an application for City of Elgin Community Development Funds, a Funding Agreement and other necessary documents upon approval of the application by the City of Elgin Board, and any requests for payment and documentation required to be submitted by PADS of Elgin, Inc.to City of Elgin requesting the dispersal of funds. BE IT FURTHER RESOLVED,that any changes to the above-stated project description must be approved by PADS-of Elgin, Inc. SIGNED: 10,1/ • DATE: 12/14/09 Ron Barkby,President, Board of Directors A rrEST: 5,4A41 GliaL DA'rE: 12/14/09 Susan Angell-Case, Secretary, Board of Directors. Vote: Ayes Nays Abstain Cpl! Dennis H Hewitt 976 Huron Elgin,IL 60120 (847)741-3576 Email:dhhewitt@padsofelgin.org PROFESSIONAL HISTORY PADS OF ELGIN,INC.Elgin,IL 2003-Present Executive Director • Restored organizations financial viability by increasing fundraising and reducing unnecessary costs • Increased case management by adding both full time and part time case workers • Coordinated cooperation between social service agencies in the area to eliminate duplication of services and reduce costs to all agencies • Remodeled and opened a permanent, 12 month emergency shelter which offers showers, laundry facilities,shelter andservices to the area's homeless men, women and families BIGGERS CHEVROLET. 1976-2003 Fleet/Commercial Sales Manager • Responsible for all department operations except billing and License and Title ,,,ya) Processing • Retained customers through building solid business relationships,winning over lower-priced competition • Monitor delivery schedules and correct inaccuracies to avoid customer problems EDUCATION AND PROFESSIONAL TRAINING THE UNIVERSITY OF HOUSTON Bachelor's Degree: Psychology Major,German Minor SAM HOUSTON STATE UNIVERISTY Post Graduate Coursework ASSOCIATIONS AND AFFILIATIONS UNITED WAY OF ELGIN September 2007-Present • Member of Family Matters Council KANE COUNTY CONTINUUM OF CARE 2003-Present • Member of steering committee • Member of HMIS committee COOK COUNTY 16 DISTRICT COURT 2005-Present • Member of Family Violence Advisory Council UTILE LEAGUE BASEBALL 1982-1998 District Administrator • Administered inter-league operations for 27 Leagues(12,000 children) in the Northwestern Suburbs • Developed the program that came to be the largeSt in every division of Little Leagues(both boy's and girl's divisions)within the Central States Region(13 states) • Initiated an inter-leagues play model that later be ame the model for the national program State Coordinator . • Chairman of the state organization • Responsible for organizing and scheduling all toutnaments at the state level • Served on both the regional advisory committee and the Presidents' advisory committee FIRST CONGREGATIONAL CHURCH OF ELGIN • Past chair of Worship Ministry and Hospitality COmmittee • 20 years experience as Sunday school teacher and member of Youth and Young Adults Committee • Volunteer4.C.C. Soup Kettle and Elgin PADS ("b.' AM PADS of Elgin, Inc Organization Chart Board Of Directors Executive Director/Operations Senior Site Case Special Administrative Coordinator Managers Projects Assistant Coordinator Development Public Relations Site Coordinators PADS of Elgin, Inc. Profit& Loss Summary report October 2009 . October2009 Ordinary hicome&Expense Income Contirbutlons 4200•Grants 4119•Grants 31,215.00 4118•Grants•United Way of Elgin 2,083.34 Total 4200•Grants 33.298.34 4700•Business Contributions 96.80 4300•Contributions from Churches 2,762.75 4600•Fundraising Events 4650•Income from Events 4640•Dinner Auction Contributions 420.00 T03141150•Income from Events 420.00 Total 4600•Fundraising Events 420.00 4901•Int Inc-Oper Acct 158.35 4902•Sub-Leasing Income 3,810.00 Total Contirbutions 40,346.24 4100•Individual Contributions 1,675.00 Total Income 42,021.24 Expense 5000•Shelter Services 5101•Auto TranslMaint 58.31 6102•Client Assistance 6102.02•Transportation 349.47 Total 5102•Client Assistance 349.47 5109•Program Supplies 5109.10•Site Supplies 365.84 5112•Slte Maintenance 305.46 •5109.12•DHS • 500.00 6109.13•DCEO 283.33 Total 5109•Program Supplies 1,454.83 Total 5000•Shelter Services 1,862.41 6000•Management&General 6102•Equipment Rental 232.20 6103•Salary&Wages 6107•Employee Insurance Exp 1,238.18 6103.01•Payroll Fees&Expenses 73.76 6103.03•Salary Expenses 18,593.92 6103.04•Employee Payroll Taxes 1,420.17 Total 6103•Salary&Wages 21,326.01 6106•Telephone/Utilities 1,550.13 6106.Office Expense 79.80 6109.Outside Services 480.18 6110•AudltngiBookkeeping Services 3,150.00 6111•Rent 7,496.32 6113•Misc Expenses 25.00 6114•Meetings&Meals 166.28 6116•Donations 145.00 6118•Postage and Delivery 220.43 6119•Insurance Expense 389.67 Total 6000•Management&General 35,261.02 7000•Special Events 7000.02.Outside Services 4.00 Total 7000•Special Events 4.00 Total Expense 37,127.43 Net Ordinary Income 4,893.81 Net Income 4,893.81 Page 1 of 1 PADS of Elgin,Inc. Profit & Loss Summary Report November 2009 Nov 09 Ordinary Income/Expense /aa M) Income Contirbutlons 4200•Grants 4119•Grants 16,678.00 4118•Grants-United Way of Elgin 2,083.34 Total 4200•Grants 18,761.34 4750.Organization Contriutions 8.79 4300•Contributions from Churches 500.00 4600•Fundraising Events 4650•Income from Events 4614•Fundraiser Other 1,170.00 4640•Dinner Auction Contributions 3,010.00 Total 4650•Income from Events 4,180.00 Total 4600•Fundraising Events 4,180.00 4901•Int Inc-Oper Acct 158.79 4902•Sub-Leasing income 3,610.00 Total Contirbutlons 27,216.92 4100•Individual Contributions 7,798.00 Total Income 35,014.92 Expense 5000•Shelter Services 6102•Client Assistance 5102.02•Transportation 399.87 Total 5102•Client Assistance 399.87 5109•Program Supplies 5109.10•Site Supplies 1,259.62 A 5112•Site Maintenance 103.79 e1 5109.12•DHS 500.00 5109.13•DCEO 283.33 Total 5109•Program Supplies 2,146.74 Total 5000•Shelter Services 2,546.61 6000•Management&General 6102•Equipment Rental 218.00 6103•Salary&Wages 6107•Employee Insurance Exp 687.81 6103.01•Payroll Fees&Expenses 82.10 6103.03•Salary Expenses 18,999.01 6103.04•Employee Payroll Taxes 1,451.17 Total 6103•Salary&Wages 21,220.09 8105•Telephone/Utilities 976,57 6109.Outside Services 447.50 6110•AuditnglBookkeeping Services 800.00 6111•Rent 7,496.32 6113•Misc Expenses -25.00 6116•Donations 50.00 6118•Postage and Delivery 121.40 6119•Insurance Expense 389.67 Total 6000•Management&General 31.694.55 7000•Special Events 7000.05•Auction Expenses 178.00 7000.02.Outside Services 1,500.00 7114.Other Expenses 101.56 Total 7000•Special Events 1,777.56 /N Total Expense 36,018.72 Net Ordinary Income -1.003.80 Net Income -1,003.80 rek P.A.D.S. OF ELGIN, INC. (a non-profit corporation) AUDITED FINANCIAL STATEM NTS YEAR ENDED JUNE 30, 20 u 9 CONTENTS PAGE Basic Financial Statements Independent Auditors' Report 1 Statements of Financial Position 2 AN) Statements of Activities 3 Statements of Cash Flows 4 Statements of Functional Expenses 5 Notes to Financial Statements 6 - 11 • )1)151MUELLER,Fly ,CO, LLP 1111'MUELLER CONSUDi NG, LLC 2230 Point Blvd., Suite 700 ■ Elgin,Illinois 60123 847.888.8600 Fax:847.888.0635 www.MuellerCPA.com INDEPENDENT AUDITOR'S RE•ORT To the Board of Directors P.A.D.S. of Elgin, Inc. Elgin, Illinois We have audited the accompanying statement of financial position of P.A.D.S. of Elgin, • lnc.(a nonprofit organization) as of June 30, 2009, and th related statements of activities, cash flows, and functional expenses for the year ended June 30, 2009. These financial statements are the responsibility of P.A.D.S. of Elgin, Inc.'s management. Our responsibility is to express an opinion on these financial statements based on our audit. The financial statements of P.A.D.S. of Elgin, Inc. for the ear ended June 30, 2008 were audited by other auditors whose report, dated October 6, '008, expressed an unqualified opinion on those statements. We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Those standards require that e plan and perform the audit to obtain reasonable assurance about whether the financial s atements are free of material misstatement. An audit includes examining, on a test bas s, evidence supporting the amounts and disclosures in the financial statements. An .udit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. W- believe that our audit provides a reasonable basis for our opinion. In our opinion, the 2009 financial statements referred to a•ove present fairly, in all material respects, the financial position of P.A.D.S. of Elgin, Inc. a of June 30, 2009, and the changes in its net assets and its cash flows for the year t en ended in conformity with accounting principles generally accepted in the United Sta es of America. r Elgin, Illinois October 16, 2009 ' -1- Certified Public Accountants is Management Consultants Offices in Elgin,St.Charles,Oakbrook Terrace and Chicago P.A.D.S. OF ELGIN, INC. STATEMENTS OF FINANCIAL POSITION '111% JUNE 30, 2009 AND 2008 ASSETS 2009 2008 Current assets: Cash and cash equivalents $ 249,498 303,667 Certificate of deposit S 76,051 Accounts receivable 10,483 Pledges receivable 35,344 Prepaid insurance 4,252 3,579 Total current assets 365,145 317,729 Property and equipment: Site development 62,061 Automobiles 19,370 19,370 Equipment 19,518 19,518 'Leasehold improvements 489,372 489,372 528,260 590,321 Less accumulated depreciation and amortization (122,843) (121,849) 405,417 468,472 • Other assets - Security deposit 14,132 14,132 $ 784,694 800,333 The accompanying notes are an integral part of the financial statements 40) -2- • ribk LIABILITIES AND NET ASSETS 2009 2008 Current liabilities: Accounts payable 650 Accrued expenses 10,160 9,092 Deferred revenue 3,466 Total current liabilities 10,160 13,208 Noncurrent liabilities - Security deposit 6,752 6,752 Net assets: rill' Unrestricted: Board designated assets • 93,504 88,965 Undesignated 638,934 681,408 732,438 770,373 Temporarily restricted 35,344 10,000 767,782 780,373 $ 784,694 800,333 • P.A.D.S. OF ELGIN, INC. STATEMENTS OF ACTIVITIES YEARS ENDED JUNE 30, 2009 AND 2008 2009 TEMPORARILY UNRESTRICTED RESTRICTED TOTAL Revenues: Grants-government 224,698 35,344 260,042 United Way allocation • 25,000 25,000 Interest income 4,892 4,892 Rental Income 42,248 42,248 • Miscellaneous income 307 307 Net assets released from restrictions - satisfaction of program restrictions 10,000 (10,000) Total revenue 307,145 25,344 332,489 Public support: Contributions 88,252 88,252 Contributions - capital campaign In-kind donations 43,065 43,065 • A4 Special events (net of expenses of $29,857 in 2009 and $24,123 in 2008) 52,179 52,179 Total public support 183,496 183,496 Total revenue and public support 490,641 25,344 515,985 Expenses: Program services 389,779 389,779 Management and general 97,894 97,894 Fundraising 40,903 40,903 Total expenses 528,576 528,576 Change in net assets (37,935) 25,344 (12,591) Net assets, beginning of year 770,373 10,000 780,373 Net assets, end of year 732,438 35,344 767,782 • The accompanying notes are an integral part of the financial statements -3- 2008 TEMPORARILY UNRESTRICTED RESTRICTED TOTAL 299,335 299,335 13,000 - 13,000 6,956 6,222 13,178 40,612 - 40,612 607,893 (607,893) - 668,461 (302,336) 366,125 119,601 - 119,601 7,800 7,800 39,804 - 39,804 81,837 - 81,837 241,242 7,800 249,042 909,703 (294,536) 615,167 387,405 - 387,405 159,200 - 159,200 41,962 - 41,962 588,567 - 588,567 321,136 (294,536) 26,600 449,237 304,536 753,773 770,373 10,000 780,373 P.A.D.S. OF ELGIN, INC. STATEMENTS OF CASH FLOWS .11) YEARS ENDED JUNE 30, 2009 AND 2008 2009 2008 Cash provided by (applied to) operating activities: Change in net assets $ (12,591) 26,600 Adjustments to reconcile change in net assets to net cash provided by (applied to) operating activities: Depreciation and amortization 63,055 135,913 Changes in: Accounts receivable 10,483 (10,483) Pledges receivable (35,344) 82,500 Prepaid insurance (673) 1,164 Accounts payable (650) (219,767) Accrued expenses . 1,068 Deferred revenue (3,466) 3,466 Security deposit 100 21,882 19,493 ow)Cash applied to investing activities: Purchase of certificate of deposit (76,051) Purchases of property and equipment - (112,206) (76,051) (112,206) Cash provided by (applied to) financing activities: Proceeds from line of credit 150,000 Repayments on line of credit - (300,000) - (150,000) Net decrease in cash (54,169) (242,713) Cash and cash equivalents, beginning of year 303,667 546,380 Cash and cash equivalents, end of year $ 249,498 303,667 Other cash flow information - Interest paid The accompanying notes are an integral part of the financial statements -4- � . . P.A.D.S. OF ELGIN, INC. STATEMENTS OFFUNCT��NAlEXPENSES � // YEARS ENDED JUNE 30, 2OVSAND 2008 / 2009 MANAGEMENT PROGRAM AND SERVICES GENERAL FUNDRAISING TOTAL Salaries, wages and other compensation $ 149,524 50,574 19,790 219'888 Employee benefits 6,963 2,849 738 10,550 Payroll taxes 11,429 3.866 1,513 16'808 Total salaries and related expenses 187,916 57'288 22,041 247'248 Advertising 747 - 747 Bank fees - 581 - 581 Donations 695 - - 695 Equipment rental 752 1'253 501 2,506 General insurance 6'570 1'642 - 8,212 In-kind expense 43'065 - - 43'085 Interest expense ' - - - Licenses and subscriptions ' 550 - 550 Meetings and employee education expense - 825 206 1,031 / « Office supplies 986 329 329 1.644 \ Payroll processing fees ' 859 - 959 Postage and shipping 1,041 625 416 2,082 Printing and reproduction 1,046 - - 1'046 Professional fees ' 16'582 5,826 22,408 Program supplies • 24,133 - - 24,133 Rent expense 70'916 | 8,865 8.865 88'646 Storage expense - ' - Utilities 11'684 1'458 1,458 14'580 Transportation expense 5'390 - - 5'390 1 334'931 90'858 39,642 465,521 Depreciation and amortization 54,858 6'938 1'261 03/055 Total expenses $ 389,779 97,894 4O 303 528 576 . ' ' ' ' < rik Tho accompanying notes are an integral part of the financial statements -5- I . A ^ l0 ( � 2008 MANAGEMENT PROGRAM AND SERVICES GENERAL FUNDRAISING TOTAL 140,351 48,048 17,403 306'802 6,147 2,532 608 9,287 11'080 3,795 1,375 16'258 157,584 54,375 19,386 231'345 ' ' - ' 556 - 556 681 - - 681 737 1'230 492 2,459 11,875 2'969 - 14,844 39,804 - - 39'804 ' 18'066 - 18'066 - 675 - 675 ' 1,750 438 2,188 / 781 ' 781 390 1'952 ^w�� � 1,777 - 1,777 ' 645 644 322 1'611 40 - - 40 ' 16,811 5.066 22,677 20'005 - - 20'005 38'906 3$'326 9,832 86'064 557 446 112 1,115 8,736 6'916 2,548 10L200 6^661 - 6'661 285'012 146,322 38'386 470'730 102'393 12,878 2,576 117'847 387,405 159.200 41,862 588'567 ' / Ami It) , . . P.A.D.S. OF ELGIN, INC. rbk NOTES TO FINANCIAL STATEMENTS • f NOTE 1 - SIGNIFICANT ACCOUNTING POLICIES P.A.D.S. of Elgin, Inc., is an Illinois non-profit organization, which operates an overnight homeless shelter. A summary of the significant accounting policies of the Organization is presented below to assist the reader in evaluating the financial statements. • Support and Expenses Contributions received and unconditional promises to give are measured at their fair values i and are reported as increases in net assets. The organizati n reports gifts of cash and other assets as restricted support if they are received with onor stipulations that limit the use of the donated assets, or if they are designated as sup ort for future periods. When a donor restriction expires, that is, when a stipulated time re triction ends or purpose restriction is accomplished, temporarily restricted net asset are reclassified to unrestricted net assets and reported in the statement of activity as net ssets released from restrictions. Donor-restricted contributions whose restrictions are met in the same reporting period are reported as unrestricted support. The organization reports gifts of goods and equipment as unrestricted support unless explicit donor stipulations specify how the donated assets Must be used. Gifts of long- lived assets with explicit restrictions that specify how the assets are to be used and gifts .ilk of cash or other assets that must be used to acquire long-1 ived assets are reported as (. restricted support. Absent explicit donor stipulations about how long those long-lived assets must be maintained, the organization reports expirations of donor restrictions when the donated or acquired long-lived assets are placed in service. Expenses are recorded when incurred in accordance with t e accrual basis of accounting. Donated Services A substantial number of volunteers have donated services to P.A.D.S.'s program services i and fund-raising campaigns during the year; however, thee donated services are not reflected in the financial statements since the services do hot require specialized skills as defined by generally accepted accounting standards. Materials and other assets received as donations are recorded and reflected in the accompanying financial statements at their estimated fair Values at the date of receipt. rik -6- P.A.D.S. OF ELGIN, INC. NOTES TO FINANCIAL STATEMENTS (CONTINUED) NOTE 1 - SIGNIFICANT ACCOUNTING POLICIES, CONTINUED Investments Investments consist of certificates of deposits and are carried at market value, which approximates cost. Pledges and Accounts Receivable The Organization carries its grants and accounts receivable at the outstanding principal balance adjusted for any allowance for doubtful accounts. The allowance for doubtful accounts is estimated based on the Organization's historical bad debt experience, the aging of the receivables and based on management's judgment. Accounts deemed uncollectible are charged to the allowance for doubtful accounts. No allowance for doubtful accounts was deemed necessary at June 30, 2009 and 2008. Property and Equipment Property and equipment is stated at cost or if donated, at the approximate fair market value at date of donation. Depreciation is computed over the estimated useful life of the assets using the straight-line method, ranging from 3 to 9.5 years. Major additions are capitalized while replacements, maintenance and repairs, which do not improve or extend the lives of the respective assets, are expensed currently. Cash and Cash Equivalents For the purposes of the statements of cash flows, the Organization considers all highly liquid instruments with an original maturity of three months or less to be cash equivalents. Accordingly, the certificate of deposit is not considered cash equivalents. Designated Fund Balances Designated net assets represent amounts that have been designated for specific purposes by the Organization's Board of Directors. Financial Statement Estimates The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and reported amounts of revenues and expenses during the reporting period. Actual results could differ from those estimates. -7- . . P.A.D.S. OF ELGIN, INC. r NOTES TO FINANCIAL STATEMENTS (CONTINUED) ( NOTE 1 - SIGNIFICANT ACCOUNTING POLICIES, CONTINUED Concentration of Credit Risk The Organization maintains its cash in bank deposits which, at times, may exceed federally insured limits. The Organization believes it is not exposed to any significant credit risk on cash. NOTE 2 - PLEDGES RECEIVABLE Pledges receivable are expected to be collected within the next year and are included in temporarily restricted net assets. NOTE 3 - FUNCTIONAL EXPENSES The costs of providing the various programs and other activities have been summarized on a functional basis. Accordingly, certain costs have been allocated among the programs and supporting services benefited. NOTE 4 - TEMPORARILY RESTRICTED NET ASSETS Temporarily restricted net assets at June 30, 2009 and 2O8 consisted of the following: 2009 2008 Hanover Township $ 11,250 - United Way of Fox Valley 14,094 CDBG Kane 10,000 10,000 $_ 35,344 _ 10,000, NOTE 5 - TAX STATUS P.A.D.S. is exempt from income taxes under Section 501( )(3) of the Internal Revenue Code. r -8- P.A.D.S. OF ELGIN, INC. NOTES TO FINANCIAL STATEMENTS (CONTINUED) NOTE 6 - LOAN PAYABLE P.A.D.S. entered into a non-secured loan agreement with the City of Elgin in April 2007 for $300,000. The bank issued $150,000 of the loan to.P.A.D.S. during the year ended June 30, 2007. No interest was to accrue on the unpaid balance prior to the maturity date of May 31, 2009; however the loan was subject to a 9% rate of interest on any unpaid balance that existed after the maturity date. The loan was recorded at the present value of the estimated future cash payments. The discounts on those amounts were computed using the 9% rate of interest that the loan was subject to after the maturity date. Amortization of the discount was included in interest expense. P.A.D.S. paid the entire loan during the year ended June 30, 2008. NOTE 7 - BUILDING LEASE. During December 2006 the Organization entered into an operating lease for its office and housing space. The lease required initial monthly rental payments of $6,212 with yearly increases beginning January 1, 2008. During April 2007 the Organization leased additional . space from the landlord and the original lease was amended to include the additional A 0) rental. The amended lease requires additional monthly rental payments of $971 with yearly increases beginning January 1, 2008. The leases expire on December 31 , 2016. Rent expense under these lease agreements for the years ended June 30, 2009 and 2008 was $88,646 and $86,064, respectively. The aggregate future minimum lease commitment for these leases as of June 30, 2009 is as follows: 2010 91,305 2011 94,044 2012 96,866 2013 99,772 2014 102,765 Thereafter 270,188 754,94Q A) -9- . . P.A.D.S. OF ELGIN, INC. r NOTES TO FINANCIAL STATEMENTS (CONTINUED) r NOTE 8 -SUBLEASE AGREEMENT P.A.D.S. entered into a sublease as lessor in July 2007. Te sublease requires initial monthly rental payments of $3,326 with yearly increases beginning January 1, 2008. The sublease expires in June 2012. Rental income under this sublease agreement for the years ended June 30, 2009 and 2008 was $42,248 and $40,61 , respectively. The aggregate future minimum lease receipts to be receivec under this operating lease at June 30, 2009 is as follows: 2010 $ 44,190 . 2011 46,948 2012 47,394 $ 13J7.532 NOTE 9 - FAIR VALUE MEASUREMENTS Financial Accounting Standards Board Statement No. 157, Fair Value Measurements (FASB r Statement No. 157), establishes a framework for measuring fair value. That framework ( provides a fair value hierarchy that prioritizes the inputs to valuation techniques used to measure fair value. The hierarchy gives the highest priority to unadjusted quoted prices in active markets for identical assets or liabilities (Level 1 me surements) and the lowest priority to unobservable inputs (Level 3 measurements). T e three levels of the fair value hierarchy under FASB Statement No. 157 are described blow: Level 1 Inputs to the valuation methodology are unadjusted quoted prices for identical assets or liabilities in active -narkets that the Organization has the ability to access. Level 2 Inputs to the valuation methodology include: • Quoted prices for similar assets or liabilities in active markets; • Quoted prices for identical or similar assets or liabilities in inactive markets • Inputs other than quoted prices that are observable for the asset or liability • Inputs that are derived principally from or corroborated by observable market data by correlation or other means. If the asset or liability has a specified (contractual) term, the Level 2 input must be observable for substantially the full term of the asset or liability. , rk -10- P.A.D.S. OF ELGIN, INC. • NOTES TO FINANCIAL STATEMENTS (CONTINUED) NOTE 9 - FAIR VALUE MEASUREMENTS, CONTINUED Level 3 Inputs to the valuation methodology are unobservable and significant to the fair value measurement. The asset's or liability's fair value measurement-level within the fair value hierarchy is based on the lowest level of any input that is significant to the fair value measurement. Valuation techniques used need to maximize the use of observable inputs and minimize the use of unobservable inputs. Following is a description of the valuation methodologies used for assets measured at fair value. There have been no changes in the methodologies used at June 30, 2009 and 2008. Interest-bearing cash and certificates of deposit: Based on value of cash or certificate at year end. The methods described above may produce a fair value calculation that may not be indicative of net realizable value or reflective of future fair values. Furthermore, while the Organization believes its valuation methods are appropriate and consistent with other market participants, the use of different methodologies or assumptions to determine the fair value of certain financial instruments could result in a different fair value measurement AA) at the reporting date. Within the fair value hierarchy, the Organizations assets consisted of Level 1 inputs which had fair values of $325,549 and $303,667 as of June 30, 2009 and 2008, respectively. NOTE 10 - SITE DEVELOPMENT During the year ended June 30, 2009, the Organization offset $62,061 of site development costs and accumulated depreciation. These costs were incurred in prior years when the organization was pursuing construction of its facilities. In the year ended June 30, 2008, site development costs were fully depreciated as the Organization entered into a lease agreement for its facilities. NOTE 11 - RECLASSIFICATIONS Certain amounts in the 2008 financial statements have been reclassified to conform with the year 2009 presentation. -11- PADS ,• OF ELGIN, INC. Public action to Dells er Shelter December 16,2009 Jennifer Fritz-Williams Elgin Planning and Neighborhood Services Department, C BG Program 150 Dexter Court Elgin,IL 60120 Dear Ms.Fritz-Williams, PADS of Elgin,Inc.is pleased to submit this application to e City of Elgin Community Development Block Grant Program. This year we are req esting a total of$50,000 to support our emergency shelter. During the last fiscal year,the number of nights of shelter provided by PADS increased by 12%. As economic troubles continue we know that the re eed for our services is going to climb even high. And, as we see decreases in funding fr•m many sources,we hope you will consider our request and help us to respond to the eve increasing need in our community. I have enclosed in this package our application which incl des our most recent audit. If you have any further question or would like to schedule a tour of our facility please contact us at 847-608-9744. Thank you again for your con.ideration and your continued commitment to breaking the cycle of homelessness in our •mmunity. Sincerely Brittany Mitchell Special Projects Coordinator, PADS of Elgin,Inc. 1730 Berkley Street•Elgin,Illinois 60123•Phone:847.60:.9744•Fax:847.608.9746 www.padsofelgin.org•PADS of Elgin Inc.is a 501 (C)3 I'S recognized organization EXHIBIT B ASSURANCES4111) The SUB-RECIPIENT hereby assures and certifies that it will comply with the regulations, policies, guidelines and requirements with respect to the acceptance and use of CDBG funds in accordance with the ACT and City of Elgin policies. Also,the SUB-RECIPIENT certifies with respect to the grant that: 1. It possesses legal authority to make a grant submission to the -City and to execute a community development and housing program; 2. Its governing body has duly adopted or passed as an official act, a resolution, motion or similar action authorizing the person identified as the official representative of the SUB-RECIPIENT to execute the Agreement, all understandings and assurances contained herein, and directing the authorization of the person identified as the official representative of the SUB-RECIPIENT to act in connection with the execution of the Agreement and to provide such additional information as may be required. 3. Prior to submission of its application to the City,the SUB-RECIPIENT has: (A) Met the citizen participation requirements of 570.301(b)and has provided citizens with: (1) The estimate of the amount of CDBG funds proposed to be used for activities that will benefit persons of low and moderate income;and (2) Its plan for minimizing displacement of persons as a result of activities assisted with CDBG funds and to assistpersons actually displaced as a result of such activities; (B) Prepared its application in accordance with the policies of the City of Elgin and made the M application available to the.public; 4. The grant will be conducted and administered in compliance with: (A) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352 42 U.S.C. Sec 2000d et seq.) and implementing regulations issued at 24 CFR Part I; (B) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-208), as amended; and that the SUB- RECIPIENT will administer all programs and activities related to housing and community development in a manner to affirmatively further fair housing; (C) Section 109 of the Housing and Community Development Act of 1974, as amended; and the regulations issued pursuant hereto; (D) Section 3 of the Housing and Urban Development Act of 1968,as amended; (E) Executive Order 11246-Equal Opportunity, as amended by Executive Orders 11375 and 12086, and implementing regulations issued at 41 CFR Chapter 60; (F) Executive Order 11063-Equal Opportunity in Housing, as amended by Executive Order 12259, and implementing regulations at 24 CH{Part 107; (G) Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended, and implementing regulations when published in effect; (H) The Age Discrimination Act of 1975 (Pub. L. 94-135), as amended, and implementing 10 regulations when published for effect; rm.. (I) The relocation requirements of Title II and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acqui ition Policies Act of 1970,as amended, and the implementing regulations at 24 CFR Part 42,as rived under 24 CFR 570.606; (J) The labor standards requirements as set forth in 24 CFR Part 570, Subpart K and HUD regulations issues to implement such requirements; (K) Executive Order 11988 relating to the evaluation of fIcod hazards and Executive Order I1738 relating to the prevention,control and abatement of water pollution; (L) The flood insurance purchase requirements of Section 102(a)of the Flood Disaster Protection Act . of 1973(Pub.L.93-234); (M) The Fair Housing Act(42 U.S.C. 3601-20); 5. Its notification, inspection, testing and abatement procedures cloncerning lead-based paint will comply with 570.608 and 24 CFR Part 35; and 6. When a grant is in excess of $100,000 it will comply with all applicable standards, orders, or requirements issued under Section 308 of the Clean Air Act(42 I.S.C. 1857(h),Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulation (40 CFR Part 15),which prohibit the use under nonexempt Federal contracts, grants or loans, of facilities included on the EPA list of Violating Facilities. The provisionhall require reporting of violations to the City,HUD,and to the AESOP Assistant Administrator for Enforcment(EN-329). r7. It has developed its application so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight; (the application may also include activities which the SUB-RECIPIENT certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community,and other financial resources are not available); 8. It is following the current City of Elgin Consolidated Plan which has been approved by HUD pursuant to 570.306;and 9. It will not attempt to recover any capital costs of public improvements assisted in whole or in part with funds provided under Section 106 of the ACT or with amount resulting from a guarantee under Section 108 of the ACT by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements,unless: (1) funds received under Section 106 of the ACT are used to pay the proportion of such fee or assessment that relates to the capital osts of such public improvements that are financed from revenue sources other than under Title I of the CT; or (2) for purposes of assessing any amount against properties owned and occupied by low a moderate income persons, the SUB- RECIPIENT certifies that it lacks sufficient funds received and r Section 106 of the ACT to comply with the requirements of subparagraph(1)above. 10. The SUB-RECIPIENT certifies that it will provide a drug-free Nirorkplace by: (A) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the SUB-RECIPIENTS workplace and specifying the actions that will be taken against employees for violation of such rk prohibition; 11 (B) Establishing a drug-free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The SUB-RECIPIENT'S policy of maintaining a drug-free workplace; (3) Any available drug counseling,rehabilitation,and employee assistance programs;and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. (C) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph(A); (D) Notifying the employee in the statement required by paragraph (A) that, as a condition of employment under the grant,the employee will: (1) Abide by the terms of the statement;and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; (E) Notifying the City of Elgin's Community Development Department within ten (10) days after receiving notice under subparagraph (D)(2) from an employee or otherwise receiving actual notice of such conviction; (F) Taking one of the following actions, within 30 days of receiving notice under subparagraph (D)(2),with respect to any employee who is so convicted: (1) Taking appropriate personnel action against such an employee, up to and including termination;or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or AI rehabilitation program approved for such purposes by a Federal,. State, or local health, law enforcement,or other appropriate agency; (G) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs(A),(B),(C),(D),(E)and(F). 11. It has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations. 12. In regards to lobbying,the SUB-RECIPIENT certifies: (A) No Federal appropriated funds have been paid or will be paid, by or on behalf of the SUB- RECIPIENT, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant,loan,or cooperative agreement. (B) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the Federal contract, grant, loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 04) 12 (C) The SUB-RECIPIENT shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact uron which reliance was placed when this transaction was made or entered into. Submission of thcertification is a prerequisite for making or entering into this transaction imposed by section 132,title 31, U.S. Code. Any person who fails to file the required certification shall be subject td a civil penalty of not less than $10,000 and not more than$100,000 for each such failure. • (Pkrek 13 EXHIBIT C EQUAL EMPLOYMENT OPPORTUNITY CERTIPICATION Ogik Community Development Block Grant Program City of Elgin The undersigned understands and agrees that it is a SUB-RECIPIENT of the Community Development Block Grant Program of the City of Elgin. The undersigned also agrees there shall be no discrimination against any employee who is employed in carrying out work from the assistance received from the City of Elgin and the Department of Housing and Urban Development, or against any applicant for such employment,because of race, color, religion, sex, age or national origin, including but not limited to employment, upgrading, demotion or transfer, recruitment or recruitment advertising; lay off or termination; rates of pay or other forms of compensation;and selection for training,including apprenticeship. The SUB-RECIPIENT further agrees to the following: (1) It will incorporate or cause to be incorporated into any grant contract, loan, grant insurance or guarantee involving Federally assisted construction work, or modification thereof,which is paid for in whole or in part with funds obtained from the Community Development Block Grant program, the language contained in HUD Equal Employment Opportunity Regulations at 42 CFR 130.15(b), in Executive Order 11246, as amended by Executive Orders 11375 and 12006, and implementing regulations issued in 41 CFR Chapter 60. (2) It will be bound by said equal opportunity clause with respect to its own employment practices when it participates in any Community Development Block Grant Program construction. (3) It will assist and cooperate actively with the City of Elgin, the Department of Housing and Urban Development and the Secretary of Labor in obtaining the compliance of contractors and subcontractors 011) with the equal opportunity clause and the rules,regulations and relevant orders of the Secretary of Labor. (4) It will furnish the City of Elgin,the Department of Housing and Urban Development and the Secretary of Labor such information as they may require for the supervision of such compliance, and will otherwise assist the City of Elgin and the Department of Housing and Urban Development in the discharge of primary responsibility for securing compliance. (5) It will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from or who has not demonstrated eligibility for government contracts and Federally assisted construction contracts pursuant to the Executive Order. (6) It will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the Secietary of Labor, the City of Elgin or the Department of Housing and Urban Development. (7) In the event that SUB-RECIPIENT fails or refuses to comply with the undertaking, the City of Elgin, or the Department of Housing and Urban Development may take any or all of the following actions: cancel, terminate or suspend, in whole or in part, this grant, refrain from extending any further assistance to the SUB-RECIPIENT until satisfactory assurance of future compliance has been received; and refer the case to the Department of Housing and Urban Development for appropriate legal proceedings. 14 SUB-RECIPIENT: P.A.D.S.of Elgin,Inc. 1730 Berkley Street,Elgin,Illineis,60123 BY: Dennis Hewitt Executive Director DATE: Al-1 hST: flimb 15