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12-176Resolution No. 12 -176 RESOLUTION AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT SUB - RECIPIENT AGREEMENT WITH P.A.D.S. OF ELGIN, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a community development block grant sub- recipient agreement on behalf of the City of Elgin with 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/ David J. Kaptain David J. Kaptain, Mayor Presented: December 5, 2012 Adopted: December 5, 2012 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk AGREEMENT BETWEEN THE CITY OF ELGIN, AND P.A.D.S. OF ELGIN, INC. - This AGREEMENT is entered into as of the 5th day of December 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 pursuant to the laws of the State of Illinois, (hereinafter called "SUB- RECIPIENT ") having a principal place of business at I730 Berkley Sheet, Elgin, Illinois, 60123. 1. RECITALS A. CITY has applied for Community Development Block Grant Funds (hereinafter referred to as "CDBG funds') from the United States Department of Housing and Urban Development (hereinafter called "HUD ") as provided by the Housing and Community Development Act of 1974, as amended (P.L. 93 -383) (hereinafter called "ACT "). B. CITY has considered and approved the application of SUB- RECIPIENT for CDBG funds allotted to CITY for distribution to SUB - RECIPIENT. C. The CITY and SUB- RECIPIENT enter into this Agreement pursuant to their respective powers to enter into such Agreements, as those powers are defined in the Illinois Constitution and applicable statutes. II. SCOPE OF THE PROJECT A. SUB - RECIPIENT hereby agrees to perform, in a timely fashion, the activities provided for herein, and those previously defined and identified in the Project Application and project description submitted by the SUB - RECIPIENT, dated December 9, 2011, and entitled "Rental Reimbursement," 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 Iease of the facility at 1730 Berkley Street, Elgin, Illinois. This facility is to be used exclusively for the provision of shelter, support services and counseling activities that aid homeless families 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 Performance Measurement Statement that establishes project goals and objectives, identifies performance indicators, and estimates the number of clientele to be served. The SUB - RECIPIENT shall provide Quarterly Progress Reports to the CITY each quarter, reporting on the status of the PROJECT in relation to the percent of project completion, accomplishments, 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 quarterly progress reports shall begin upon the signing of this Agreement, and be based on the CDBG program year, beginning on June I" and ending on May 31" of the following year. The quarterly progress report shall continue until the completion of this project or until directed to discontinue Page 1 of 16 such reports in writing by the CITY. D. Prior to the expenditure of CDBG funds, SUB - RECIPIENT shall meet with the City's Community Development Department staff to establish acceptable documentation and guidelines regarding requests for payment for the activities described in the Scope of Work. No payment of CDBG funds will be made by 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. Ill. 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 10 "' day follow owing the end of the preceding quarter, to the CITY. The amount to be pa d to SUB - RECIPIENT will be based upon the work completed and the submittal of employee work reports hr support of the invoiced amount. B. This PROJECT shall 791.30-99 be identified as Project No. 154852 and Account No. 230 -0000- requests. , which identifying numbers shall be used by SUB- RECIPIENT on all payment 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 IIUD 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: I. 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 Page 2 of 16 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 tcrmination, rates of pay or other forms of compensation, selection for training, including apprenticesh p, E. SUB - RECIPIENT shall permit the CITY and the Department of Housing and Urban Development to conduct on -site reviews, examine personnel and employment records and to conduct any other procedures or practices to assure compliance with the provisions of this agreement. SUB- RECIPIENT shall post in conspicuous places available to employees and applicants for employment notices setting forth the provisions of Section IV (D) above. P. SUB - RECIPIENT shall not violate any laws, state or federal rules or regulations, including but not limited to those regarding a direct or indirect illegal interest on the pant of any employee or elected official of the SUB - RECIPIENT in the PROJECT or payments made pursuant to this Agreement. G. SUB- RECIPIENT hereby warrants and represents that neither the project, including but not limited to any finds 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 show actual time devoted and costs incurred, in relation to the PROJECT, and shall prepare and submit quarterly progress reports which describe the work already performed and anticipated during the remaining time of the PROJECT. Upon fifteen (15) days notice from the CITY, originals or certified copies of all time sheets, billings, and other documentation used in the preparation of said 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. SUB - RECIPIENT shall adopt the audit requirements of the Office of Management and Budget (hereinafter "OMB ") Circular A -133, "Audits of Institutions of Higher Learning and Other Non -Profit Institutions." SUB - RECIPIENT shall submit to the CITY one copy of said audit report. SUB - RECIPIENT shall permit the authorized representatives of the CITY, HUD and the Comptroller General of the United States to inspect and audit all data and reports of the SUB - RECIPIENT relating to its performance under the Agreement. J. SUB - RECIPIENT and CITY shall at all times observe and comply with Title 24 CER 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 Agreement expires. L. SUB - RECIPIENT will ensure that any real property under the SUB - RECIPIENT'S control that was acquired and/or improved in whole or in part with CDBG funds in excess of $25,000 is used exclusively for the benefit of low and moderate income persons as defined by HUD, for a period of 15 years after the expiration of this 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 Page 3 of 16 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 of non -CDBG funds for acquisition of, or improvement to, the property in accordance with 24 CFR 570.503(b)(8) and 24 CFR 570.505. V. RIGHTS TO SUBCONTRACT A. SUB - RECIPIENT shall not assign, transfer, subcontract or otherwise convey its rights or obligations under this Agreement without the prior written consent of the CITY, which consent may be withheld in the CITY'S sole discretion." B. Administration of any subcontracts by the SUB - RECIPIENT shall be in conformance with 24 CFR Part 570.200(d)(2) and Part 85.36. VI. SUB - RECIPIENT'S AUTHORIZATION TO ACCEPT PROPOSALS A. After the CITY has received notification that funds for the PROJECT have been released by HUD, the SUB - RECIPIENT shall be authorized to accept the proposal of any subcontractor for the PROJECT". VII. BILLING PROCEDURE A. Upon Release of Grant Funds by HUD for the PROJECT, the CITY shalt 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 Page 4 of 16 manner and in conformance with the contract. 4. Processing of all requests for payment shall be contingent upon the submission of the required documentation by the contractor and subcontractor to the CITY that fully complies with 'federal labor standards, uniform relocation act or any other applicable federal, state, or local statutes, rules or regulations. 5. SUB - RECIPIENT shall forward to the CITY all billings, vouchers, and other documents representing any accounts payable, in such timely and reasonable manner as both parties shall determine; provided, however, that in no event shall such documents be forwarded to the CITY later than twenty -one (21) days after SUB - RECIPIENT'S receipt of such documents. 6. SUB - RECIPIENT shall cooperate with the CITY to facilitate the maintenance of financial records by the CITY as required by Title 24 CFR 85. B. Upon submission of an acceptable claim for Grant Funds, the CITY shall process such claim and shall approve such claim for payment 'following approval by the City's Community Development Department, for compliance with this Agreement and applicable HUD requirements. C. Except as provided for in Sections IN and X hereof, the CITY shall pay all required payments against eligible project costs, as described in Section 11.13, 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 PROJECT. B. SUB - RECIPIENT shall submit all required information to show compliance with applicable laws, rules and regulations, as specified in this Agreement and shall submit to the CITY a quarterly progress report, by the 10`" day following 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 PROJECT or occurrence rendering impossible the performance by SUB - RECIPIENT of this Agreement. B. During the implementation of the PROJECT, the CITY may suspend payments of Grant Funds, due to use of funds in a manner unrelated to SUB - RECIPIENT'S performing the PROJECT, failure by SUB - RECIPIENT in submitting supporting information or documentation for a claim, submission by SUB - RECIPIENT of incorrect or incomplete reports, or SUB - RECIPIENT'S suspension of its pursuit of the PROJECT. Page 5 of 16 C. In the event the CITY elects to terminate this Agreement or to suspend payments, for any reason stated hereinabove in paragraph A and B of this Section IX, it shall notify the SUB - RECIPIENT, in writing, of such action, specifying the particular deficiency, at least five (5) working days in advance of any such action and establishing a time and a place for the SUB - RECIPIEN'P 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 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 terns of this Agreement. D. Unless terminated pursuant to the provisions of paragraph IX herein, this agreement shall terminate on December 31, 2013. 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 comet ssions 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 have previously 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. het 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 Page 6 of 16 XI. XII. allegedly due to the SUB - RECIPIENT. 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. MISCELLANEOUS PROVISIONS A. AMENDMENTS - This Agreement constitutes the entire Agreement between the parties hereto. Any proposed change in this Agreement shall be submitted to the other party for prior approval. No modifications, additions, deletions, or the like, to this Agreement shall be effective unless and until such changes are executed, in writing, by the authorized officers of each party. B. SUBJECT TO FINANCIAL ASSISTANCE AGREEMENT - This Agreement is made subject to financial assistance agreements between the CITY and the United States Department of Housing and Urban Development, with the rights and remedies of the parties hereto being in accordance with any such agreements. C. ASSIGNMENT - except as provided in Section VI hereof, SUB - RECIPIENT shall not assign this Agreement or any part thereof and SUB - RECIPIENT shall not transfer or assign any Grant Funds or claims due or to become due hereunder, without the written approval of the CITY having first been obtained. D. ATTORNEY'S OPINION - If requested, SUB - RECIPIENT shall provide an opinion of its attorney, in a form reasonably satisfactory to the CITY, that all steps necessary to adopt this Agreement, in a manner binding upon SUB - RECIPIENT, have been taken by SUB - RECIPIENT, and that SUB - RECIPIENT is in compliance with applicable local, state and federal statues, rules and regulations for the purpose of complying with this Agreement. E. HEADINGS - The section headings of this Agreement are for convenience and reference only and in no way define, limit, or describe the scope or intent of this Agreement, and should be ignored in construing or interpreting this Agreement. F. The terms of this agreement shall be severable. In the event any of the terms or provisions of this agreement are deemed to be void or otherwise unenforceable for any reason, the Page 7 of 16 Actions Date 1. Provide Emergency Shelter January 1, 2012 - December 31, 2012 2. Provide Case Management January 1, 2012 - December 31, 2012 3. Rental Reimbursement January 1, 2012 - December 31, 2012 B. Total Number of Months Required for Project Completion 12 Months MISCELLANEOUS PROVISIONS A. AMENDMENTS - This Agreement constitutes the entire Agreement between the parties hereto. Any proposed change in this Agreement shall be submitted to the other party for prior approval. No modifications, additions, deletions, or the like, to this Agreement shall be effective unless and until such changes are executed, in writing, by the authorized officers of each party. B. SUBJECT TO FINANCIAL ASSISTANCE AGREEMENT - This Agreement is made subject to financial assistance agreements between the CITY and the United States Department of Housing and Urban Development, with the rights and remedies of the parties hereto being in accordance with any such agreements. C. ASSIGNMENT - except as provided in Section VI hereof, SUB - RECIPIENT shall not assign this Agreement or any part thereof and SUB - RECIPIENT shall not transfer or assign any Grant Funds or claims due or to become due hereunder, without the written approval of the CITY having first been obtained. D. ATTORNEY'S OPINION - If requested, SUB - RECIPIENT shall provide an opinion of its attorney, in a form reasonably satisfactory to the CITY, that all steps necessary to adopt this Agreement, in a manner binding upon SUB - RECIPIENT, have been taken by SUB - RECIPIENT, and that SUB - RECIPIENT is in compliance with applicable local, state and federal statues, rules and regulations for the purpose of complying with this Agreement. E. HEADINGS - The section headings of this Agreement are for convenience and reference only and in no way define, limit, or describe the scope or intent of this Agreement, and should be ignored in construing or interpreting this Agreement. F. The terms of this agreement shall be severable. In the event any of the terms or provisions of this agreement are deemed to be void or otherwise unenforceable for any reason, the Page 7 of 16 remainder of this agreement shall remain in frill force and effect. G. This agreement shall not be construed to create a joint venture, partnership, employment or other agency relationship between the parties hereto. Page 8 of 16 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates recited below. CITY OF ELGIN, an Illinois Municipal Corporation DATE:_ December 5, 2012 ATTEST: /® Kimberly Dewis, City Clerk SUB - RECIPIENT: P.A.D.S. of Elgin, Inc. I ley Street, E gin, Illinois, 60123 BY: Dennis Hewitt, Executive Director P.A.D.S. of Elgin, Inc., DATE:_ Page 9 of 16 EXHIBIT A SUS - RECIPIENT'S CDBG APPLICATION Page 10 of 16 ��L) PROPOSAL APPLICATION FOR CDBG FUNDING 'I THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) OEC Cg ?Oil ENTITLEMENT PROGRAM •3 CITY OF ELGIN FISCAL YEAR 2012 -2013 JUNE 1, 2012 THROUGH MAY 31, 2013 Organization Name: PADS of Elgin, Inc. Project Name: Rental Reimbursement Project Address: 1730 Berkley St., Elgin, IL 60123 Exec Director Name: Dennis Hewitt Address: 1730 Berkley St., Elgin, IL, 60123 Telephone #: 847- 608 -9744 Fax #: 847- 608 -9746 Email Address: dhhewitt @padsofelgin.org website (if applicable): www.padsofelgin.org Employer (IRS) ID #: 36- 3895063 DUNS #: 1136471153 Contact Name: Brittany Mitchell Title: Special Projects Coordinator Contact Telephone #: 847 -608 -9744 Fax #: 847 - 608 -9746 Contact Email: bmitchell @padsofelgin.org website {ffappiicable): padsofelgin.org PROJECT FUNDING REQUEST CDBG Funds Requested $55,000 Funding Leveraged from other Sources 3,297 Check the category, which describes the type of funding, requested: Housing rl Public Facility Infrastructure El Economic Development 2 Public Service El Other BRIEF PROJECT DESCRIPTION: Please provide a one- sentence statement about 7 \Y. J (�3D5'L. 0� +to a f o f your orolect —not your organization. C-4 1S 'l� %VCS de' j Tc(LA t4 �) 4�i&,+ Jn`� �icveyt Ge DJ jhm i Wcrlov . City of Elgin CDBG Application FY 2012 -2013 Application Page 15 CONSTRUCTION PROJECTS ONLY Public Improvements /Construction Activity Application Form Project Name /Title: Agency Name: Agency Address: City: State: I Zip: 1. j ProeProect Description (Attach additional sheets as necessary.) a. Provide a detailed description of the facilities to be provided or improved. Identify major components of proposed work and state estimated quantities: I f j b. Indicate the primary function of the facilities to be provided or improved: c, Readiness to Proceed: (i) Do you have an architect /engineer under contract? If so provide name. Yes It No (ii) Do you have preliminary plans /drawings completed (If so, attach)? Yes ❑ No (Ii) Do you have project cost estimates completed (if so attach)? ❑ Yes 0 No (using Davis Bacon Wage Rate and Labor Standards) Please note that any costs incurred prior to the award and environmental review process cannot be reimbursed to the applicant. e. Provide evidence of site control. Copy of the deed. If property is not owned provide a copy of the lease. Agreement and letterfrom owner approving proposed work. City of Elgin CDBG Application FY 2012 -2013 Application, Page 16 CONSTRUCTION PROJECTS ONLY 2. Project Location: a. Project Address/Lo (Include photographs) Census Tract(s): I Block Group(s): 1 b. Indicate if the project is located in, or will have any impact on, the following: ( Please indicate Yes or No) (i) National Register Historic District (ii) Designated Wetlands Area (iii) Land Use /Zoning Change Yes ❑ No 0 Yes 0 No 0 Yes 0 No If yes, explain: If yes, explain: If yes, explain: (iv) Environmental Hazards O Yes 0 No If yes, explain: I c. Provide a time line for the project and current status of project progression: Construction Bid Period: Start Date: Completion Date: Status: 31. Project Benefit: (Attach additional sheets as necessary.) a. Describe the existing problems or conditions to be corrected by the proposed activity. Identify the persons affected by these conditions. Explain how the project benefits low and moderate income people. b. Describe in quantifiable terms the goals to be achieved by your project during the proposed funding and how the recipients of your services will be benefited or changed. City of Elgin CDBG Application FY 2012 -2013 Application Page 17 CONSTRUCTION PROJECTS ONLY Project Budget oisttluck °c+is land $G,OG Existing structures $0.00 Other acquisition costts�y� $0.00 - DemoVitionlclearance $0.00 Other site costs $0.00 New Construction $0.00 Rehabilitation $0,00 Performance bond premium $0.00 Construction contingency $0.00 Other $0.00 5- 1-4 Architect Pees $0.00 Engineering fees $0.00 Other A & E fees $0.00 Appraisal fees $0.00 Survey $0,00 Soil boring /environmental /LBP evaluation $0.00 11aLlee s and impact fees $0.00 Permitttng fees $0.06 Legal fees $0.00 Other Sam Developer fees $0.00 Project reserves $0.00 Relocation costs $0.00 Marketing /management $0.00 Operating $0.00 Taxes Insurance $D.00 Other $0.00 u 'The line items in column Aare a guide. Items maybe added or deleted depending on the type of project. City of Elgin CDBG Application FY 2012 -2013 Application Page 18 CONSTRUCTION PROJECTS ONLY 1. Construction Procurement Guidelines for private non - profit construction projects All construction contracts in excess of $2,000 will be subject to federal Davis -Bacon Wage Rates and Labor Standards provisions. A schedule of current prevailing wage rates and fringe benefits is available at the Illinois Department of Labor at www. state.il.us \aeencv \idol \rates \evenmo \kane9999 htm $25,000- $99,999 Projects over $25,000 require Newspaper Advertisement Public Solicitation of contractor Bids in Elgin Standard Times. Federal requirements for Davis -Bacon and Minority and Women Business Enterprise Participation (MBEfWBE) compliance will be applicable. Federal Section 3 and City of Elgin Minority Workforce Requirements are not applicable forcontracts under $100,000. The lowest qualified bid representing the complete scope of work from a QUALIFIED CONTRACTOR will be considered. $1001000+ Projects over $100,000 require Newspaper Advertisement Public Solicitation of Contractor Bids in Elgin Standard Times. Federal requirements for Davis -Bacon and Minority and Women Business Enterprise Participation (MBEfWBE) compliance will be applicable. Federal Section 3 and City of Elgin Minority Workforce Requirements will be applicable for contracts over $100,000. Bond Requirement —100% Payment and Performance Bonds. The lowest qualified bid representing the complete scope of work from a QUALIFIED CONTRACTOR will be considered. City of Eloin CDBG Acolicahon FY 2012 -2013 AorAcafion Page 19 2. PROJECT ELIGIBILTY SECTION 8519.08 A. This project is located in Census Tracts) (identify tract by number) (website — Factfinder.census.gov) B. This project meets at least ONE of the HUD national objectives listed below (please check all applicable; discussion and definitions available on page 6 of the packet): 23 i 1. Benefits low /moderate income individuals /households 2. Addresses the prevention or elimination of slums or blight Q3. Meets a particularly urgent community development need. C. Check all statements that describe HOW this projector activity meets one of the National Objectives above: ® LIM Area Benefit: the project meets the identified needs of L/M income persons residing in an area where at least 51% of those residents are L/M income persons. The benefits of this type of activity are available to all persons in the area regardless of income. Examples: street improvements, water /sewer lines, neighborhood facilities, facade improvements in neighborhood commercial districts. Z✓ LIM Limited Clientele: the project benefits a specific group of people (rather than all the residents in a particular areal, at least S1% of whom are L/M income persons. The following groups are presumed to be L/M: abused children, elderly persons, battered spouses, homeless, handicapped, illiterate persons. Examples: construction of a senior center, public services for the homeless, meals on wheels for elderly, construction of job training facilities for the handicapped. 11 LIM Housing: the project adds or improves permanent residential structures that will be occupied by L/M income households upon completion. Housing can be either owner or renter occupied units in either one family or multi- family structures. Rental units for L/M income persons must be occupied at affordable rents. Examples: acquisition of property for permanent housing, rehabilitation of permanent housing, conversion of non - residential structures into permanent housing. ® LIM Jobs: the project creates or retains permanent jobs, at least 51% of which are taken by L/M income persons or considered to be available to L/M income persons. Examples: loans to pay for the expansion of a factory, assistance to a business which has publicly announced its intention to close w /resultant loss of jobs, a majority of which are held by L/M persons. ❑ MicroEnterprise Assistance: the project assists in the establishment of a microenterprise or assists persons developing a microenterprise. (A microenterprise is defined as having five or fewer employees, one or more of whom owns the business.) This activity must benefit low /moderate income persons, area or jobs as defined in previous sections. NOTE: List is continued on the following page... City of Elgin CDBG Application FY 2012 -2013 Application Page 20 El Spot Blight: the project will prevent or eliminate specific conditions of blight or physical decay outside a slum area. Activities are limited to clearance, historic preservation, rehabilitation of buildings, but only to extent necessary to eliminate conditions detrimental to public health and safety. Examples: historic preservation of a public facility threatening public safety, demolition of a deteriorated, abandoned building. D. Project Category [check one]: ❑ Acquisition of Real Property ® Disposition of Real Property ❑ Public Facilities and improvements (e.g, homeless shelter, water and sewer facilities, flood and drainage improvements, fire protection facilities /equipment, community, senior and health centers, parking, streets, curbs, gutters and sidewalks, parks and playgrounds.) ® Privately -Owned Utilities Public Service (i.e., a new service or an increase in the level of a service) Relocation Payments and Assistance to Displaced Persons ❑ Removal of Architectural Barriers, Handicapped Accessibility Q Housing Rehabilitation Historic Preservation 0 Commercial or Industrial Rehabilitation, including facade improvements and correction of code violations. ❑ Special Economic Development or assistance to micro - enterprises. City of Erin CDBG Application FY 2012 -2013 Application Page 21 Slum or Slighted Area: the project is in a designated slum /blight area and the result of this project addresses one or more of the conditions that qualified the area. El Spot Blight: the project will prevent or eliminate specific conditions of blight or physical decay outside a slum area. Activities are limited to clearance, historic preservation, rehabilitation of buildings, but only to extent necessary to eliminate conditions detrimental to public health and safety. Examples: historic preservation of a public facility threatening public safety, demolition of a deteriorated, abandoned building. D. Project Category [check one]: ❑ Acquisition of Real Property ® Disposition of Real Property ❑ Public Facilities and improvements (e.g, homeless shelter, water and sewer facilities, flood and drainage improvements, fire protection facilities /equipment, community, senior and health centers, parking, streets, curbs, gutters and sidewalks, parks and playgrounds.) ® Privately -Owned Utilities Public Service (i.e., a new service or an increase in the level of a service) Relocation Payments and Assistance to Displaced Persons ❑ Removal of Architectural Barriers, Handicapped Accessibility Q Housing Rehabilitation Historic Preservation 0 Commercial or Industrial Rehabilitation, including facade improvements and correction of code violations. ❑ Special Economic Development or assistance to micro - enterprises. City of Erin CDBG Application FY 2012 -2013 Application Page 21 3. IMPACT ON APPLICABLE GOALS, NEEDS, AND OBJECTIVES The Five -Year Consolidated Plan identifies both priority needs in the community and strategies to address these needs. The need for your proposed project will be determined by identifying how the project impacts upon the adopted Consolidated Plan Priority Needs. Therefore, applications should provide a clear explanation of how the project impacts upon the adopted Consolidated Plan Priority Needs, Greater consideration will be given to projects that provide a clear description of the project with supporting data and methodology of how the project will meet the Consolidated Plan Priority Needs. Please identify the category and activity applicable to your proposal, using that table as your guide: Example: ✓Public Services Activity: Youth Transportation 0 Homelessness Activity Emergency shelter, services and advocacy ❑Infrastructure Activity ❑Affordable Housing Activity, 9 Public Facilities Activity, ❑ Planning & Capacity Building Activity The City of Elgin has identified ten strategic goals to reflect the City's ongoing commitment to the community. Greater consideration will be given to projects that provide a clear description of the project with supporting data and methodology of how the project will meet the City's strategic goals. Please identify ALL the categories applicable to your proposah as A Safe Community ❑ Quality Housing ❑ Neighborhood Vitality o River as a Resource ❑ Economic Growth and Diversified Tax ❑ Alive Downtown Base ❑ Financially Stable City Government ❑ Recreational, Leisure and Cultural ❑ Customer Service Opportunities for all Citizens O Diverse Management Staff PROPOSED PROJECT ACCOMPLISHMENTS (Accomplishments must be described in terms of households served, people served, businesses created, housing units created, jobs created or public facilities undertaken. Example. This program will serve 485 LMI individuals, this program will create 25 jabs, etc.) PROPOSED ACCOMPLISHMENTS: The program will operate an emergency shelter for 1 year, providing approximately 450 individuals in crisis with over 13,000 nights of safe shelter and meals. Please answerthe following questions: A. What is the total estimated number of persons to be served by this project? 450 B. What is the total estimated number of LMI persons to be served by this project? 1450 C. What is the anticipated percentage of LMI persons to be served by this project? 100% City of Elgin CDBG Application FY 2012 -2013 Application Page 22 4. ACTIVITY DESCRIPTION: Please answer the following questions in the space provided. A. Provide a detailed description of the proposed activity including how the activity will address the community need you have indicated. Identify whether the activity is new, ongoing, or expanded from previous years. The proposed activity will use CDBG funds to operate the Douglas L Hoeft Resource center, which houses the PADS program. The shelter addresses the city's consolidated plan priority of "homelessness" by providing a safe place to stay, as well as showers, meals, clothing and hygiene products, and case management and advocacy to the homeless in our community. PADS works diligently to provide these services in themost effective and efficient ways possible. The activity is ongoing, as homelessness is an ongoing need in our community. Since its creation in 1989 the PADS program has expanded from providing only seasonal shelter, to providing a full year emergency shelter to our city's individuals in crisis. The development of a case management program that has proven successful at helping folks make positive and lasting changes in their lives has made the PADS program the best solution to the homeless need in Elgin with the best rate of success. B. Identify who will benefit from the proposed activity (e.g. homeless, youth, seniors, disabled, et cetera). If designed to benefit persons of L/M income, describe the process you will use to identify these persons and ensure that the activity meets this objective. (An LMI certification form is included in the RFP Packet). The PADS program benefits the homeless men, women and families of our community. 100% of persons being served qualify as L/M income. Case managers verify this information at the time of intake. C. Identify the accomplishments you intend to achieve with this activity. Provide an activity timeframe /schedule (include start, completion dates, and other significant stages). The accomplishments we intend to achieve with this activity include providing over 13,D00 nights of safe shelter and support services to approximately 450 men, women and children, and serving approximately 27,000 meals in our facility during the 2011 -2012 shelter season. City of Elgin. CDBG Application FY 2012 -2013 Application Page 23 4. ORGANIZATIONAL CAPACITY Please answer the following questions in the space provided. A. Provide an overview of your organization including length of time in existence. Attach a list of current officers and board members with terms. The mission of the PADS organization is to provide overnight shelter and service coordination to the Elgin area homeless. Our shelter provides safe shelter, meals and full case management to 425 -450 men, women , and children each year. PADS was founded in 1989, and since then has grown from a seasonal shelter to a full year program. PADS established a permanent facility in 2007, which provides guests with comprehensive care and case management that helps them regain self sufficiency. B. Describe your organization's experience in successfully conducting this type of activity. Identify any skills, current services, or special accomplishments that demonstrate your capacity for success. The PADS program has been successfully providing shelter and services to Elgin for 22 years, beginning as a humble organization providing refuge from the cold, and becoming an organization operating a year round permanent facility providing shelter, meals, case management and advocacy to our over 400 yearly guests. Of special note is our rate of successful placement for guests during the past two shelter seasons. Even during times of strife and economic uncertainty, our rates of 74% and 76% respectively are nearly 2.5 times the national average for successful placement of guests formerly in crisis. We believe these statistics clearly demonstrate the program's capacity for success. C. Identify the person(s) responsible for program and financial management of the activity. Identify all other persons involved in this activity noting whether these positions are current or new, pending this award. Dennis Hewitt is the Executive Director of PADS of Elgin, he brings over 30 years of experience in both business and volunteering, and is uniquely qualified to administer this program. Since joining the PADS organization he has created a financially sound, credible organization, expanded development and case working staff, and encouraged the cooperation of agencies in providing social services to members of our community. He holds a Bachelor's Degree in Psychology and has done Post Graduate work at Sam Houston University. He is also a member of the steering committee for the Kane County Continuum of Care, member of the United Way of Elgin Family Matters Council, and the Cook County 16th District Court Family Advisory Council. Other persons involved in this activity include Doris Kemph, who has been the administrative assistant of PADS for 8 years. Ms. Kemph will be responsible for gathering statistics and demographics for the program and currently reports to HUD, City of Elgin, Hanover Township, United Way of Elgin, and FEMA. City of Elgin CDBG Application FY 2012 -2013 Application Page 24 D. Identify any other agencies /partners in this activity and define the roles and responsibilities of these partners. PADS of Elgin partners with a large number of other social service agencies in order to ensure the most comprehensive level of services for our guests in need, as well as to eliminate the duplication of services in our community thereby reducing costs to all agencies. Those partner agencies include the Ecker Center for Mental Health, the Community Crisis Center, the Renz Center, Greater Elgin Family Care Center. These agencies send counselors and service providers to the Hoeft Resource Center, as well as see PADS clients in their own facilities, as part of the PADS case management program. PADS also partners with the Department of Corrections to provide qualifying individuals with a place to stay after being paroled where they can easily be monitored by parole agents and stay compliant with the terms of their release. E. Demonstrate that the proposed activity is economically feasible and can be implemented in a timely cost effective manner within the proposed program year. The demonstrated history of the PADS program is proof that if funding is provided to help keep the resource center operational, that the services can feasibly be provided. PADS has provided shelter and services for the past 22 years, 4 of those on a full year schedule at our facility. Additionally PADS works hard to ensure that services are provided in the most timely and cost effective manner possible by coordinating with other agencies to cooperate and reduce duplication of services to our shared clients, and by harnessing the power of in kind donations from our supporters. E. Oftentimes projects that receive an award of CDBG funding are actually awarded less than the amount originally requested. This requires the submission of a revised budget and a description of how it will carry out the proposed activity with reduced funding prior to the commitment of any funding. Please indicate here whether your proposed activity could be undertaken with a reduced commitment of funding and if so, please highlight how that would affect the scope of services you are proposing. The PADS program would find it impossible to continue providing our current level of support to residents of Elgin who are in crisis without full funding from the City of Elgin CDBG program. Rent for our facility is the most fundamental expense associated with the services that we provide. PADS receives yearly support from Kane County, Elgin Township, Hanover Township, Elgin United Way, the State of Illinois, federal and private funders, and countless individual donors. However, the vast majority of our clients were residents of the City of Elgin prior to becoming homeless and because of this we sincerely hope that the City of Elgin will support the services that we provide to the homeless members of the community. City of Sgin CDBG Application FY 2012 -2013 Application Page 25 5. FINANCIAL The City encourages CDBG funds to be utilized as gap funding. A gap is defined as the amount of funding necessary to run a program after all other funding sources have been identified, thus leveraging is very important in the application process. ACTIVITY BUDGET Please answer the following questions in the space provided. You may reference and attach an additional page if necessary. A. Complete the Budget Summary chart. More detailed budgets may be attached (and are strongly recommended) in support of the proposal B. Identify sources of leveraged funding for this activity. Include the status of these funds (i.e. cash on hand, grants received, planned fund - raising, etc.). Attach copies of funding commitment letters or other evidence of fundine support C. Leverage —Consideration will be given to the amount of non -CDBG funds committed to the project BUDGET SUMMARY `NOTE: Please complete Budget Detail Chart on page 26 if personnel costs are included in your proposal. City of Elgin CDBG Application FY 2012 -2013 Application Page 26 BUDGET DETAIL This section provides back -up for each line item shown in the Budget Summary Chart. Please make certain this detailed breakdown is consistent with the Program Budget. Round up to the nearest hundred. Please note: A job description for each person must be provided, A Note about the Staff /Salary Breakdown: Please show all proposed staff positions funded with CDBG funds that relate to the proposed activity; If multiple staff members have the same position /title, list separately (For example: Counselor 1, Counselor 2). Use an additional sheet if necessary. )Lou must submit lob descriptions with your application for each position title identified below. Is this a X = I Annual Position current or Annual Total x % Time Spent on - Total Position Fringe Title proposed Salary Annual _ this CDBG Cost Requested position? Benefits Salary Project/Program from CDBG A. Oftentimes projects that receive an award of CDBG funding are actually awarded less than the amount originally requested. This requires the submission of a revised budget and a description of how it will carry out the proposed activity with reduced funding prior to the commitment of any funding. Please indicate here whether your proposed activity could be undertaken with a reduced commitment of funding and if so, please highlight how that would affect the scope of services you are proposing. City of Elgin CDBG Application FY 2012-2013 Application Page 27 X = - -- - - - -- -- X .-�_ X A. Oftentimes projects that receive an award of CDBG funding are actually awarded less than the amount originally requested. This requires the submission of a revised budget and a description of how it will carry out the proposed activity with reduced funding prior to the commitment of any funding. Please indicate here whether your proposed activity could be undertaken with a reduced commitment of funding and if so, please highlight how that would affect the scope of services you are proposing. City of Elgin CDBG Application FY 2012-2013 Application Page 27 A. THRESHOLD CERTIFICATION in order for your application to be accepted, in addition to the application itself, your organization must submit the following items to the Office of Housing and Community Development no later than 5:00 PM on FRIDAY DECEMBER 16 2011. is An original application with all questions completed along with one copy that is 3 -hole punched and clipped [not bound] of the completed application. (Only the original must include the requested support documents such as the articles of incorporation and the current list of your Board of Directors.) The following attachments /certifications: (if you have not submitted an application in the last two years OR if the information has changed) 0 Articles of Incorporation Current List of Board of Directors Certified Organization Audit /Financial Statements of most recent year l/ Copy of OMB A -133 Audit (Required if $300,000 in aggregate Federal funds v expended), or b. Financial statements audited by a CPA (only if not qualified for A -133), or C. Profit and Loss Statement for most recently completed fiscal year and General Ledger printout (only first time applicants or those who do not meet above criteria may submit) ❑ IRS 501(c)(3) Designation Letter (Pending letters will not be accepted) j Current Fiscal Year Agency Budget, including all funding sources i, lob Descriptions per budget detail. An Executed Statement of Applicant Form. An Executed Signature Authorization Form. Conflict of Interest Disclosure Form. this packRt contains all materials required. Signature and Printed Name Authorized Signer City of Elgin CDBG Application FY 2012 -2013 Application Page 28 B. STATEMENT OF APPLICANT The undersigned acknowledges the following: 1. That, to the best of its knowledge and belief, all factual information provided is true and correct and all estimates are reasonable. 2. That no revised proposals /applications maybe made in connection with this application once the deadline for applications has passed. 3. That the City of Elgin may request or require changes in the information submitted, and may substitute its own figures, which it deems reasonable for any or all figures provided. That the applicant will participate in required interview for project assessment and cooperatively assist in the review process. 4. That, if the project(s) is recommended and approved by the Mayor and City Council, the City reserves the right to reduce and/or cancel the allocation if federal entitlements are cancelled, reduced, or rescinded. 5. The City of Elgin reserves the right not to fund any submittals received. 6. By submission of this application, the organization agrees to abide by the federal regulations applicable to this program. 7. That, if the project(s) is funded, the organization agrees to abide by the City's locally established policies and guidelines 8. That past program and financial performance will be considered in reviewing this application. 9. That services are to be provided at no cost to citizens during the grant period. All program income (i.e.: fees, repayments, foreclosures, etc.) must be remitted to the City, 10. That, if the project(s) is funded, the City or a designated agency may conduct an accounting system inspection to review internal controls, including procurement and uniform administrative procedures, prior to issuance of payments for projected expenditures. 11. That, if project(s) is funded, the City will perform an environmental review prior to the obligation of funds. 12. That, if a project is funded, a written agreement that includes a statement of work, records retention and reporting, program income procedures, local and federal requirements, circumstances that would trigger grant suspensions and terminations, and reversions of assets would be required between the organization and the City. 13. That a project's funding does not guarantee its continuation in subsequent action plans. 14. Provide written signatory authority from the organization's governing body indicating who can execute contracts and amendments on its behalf. Statement of Applicant continued on following page. City of Elgin CDBG Application FY 2012 -2013 Application Page 29 15. Agrees to abide by the City of Elgin's Conflict of Interest policy. Items of concern would include staff members serving on the Board of Directors, staff members families serving on the Board of Directors, and other matters that may give the appearance of a conflict of interest. U.S. Code Title 18, Section 1001, provides that a fine of up to $10,000 or imprisonment for a period not to exceed five years, or both, shall be the penalty for willful misrepresentation and the making of false, fictitious statements, knowing same to be false. By Snature be o ; the applicant acknowledges the above in its name on this.- _�ji_- _ day of I 1h Cc w . k� v 2011. PADS of Elgin, Inc. Name of Organization By: a 2LIk (Signature Z!! (o (Title) City of Elgin CDBG Application FY 2012 -2013 Application Page 30 C. SIGNATURE AUTHORIZATION FORM The Board of Directors of PADS of Elgin, Inc. does hereby resolve that on X04 IE Qate), the Board reviewed the Application for Community Development Block Grant Funds to be submitted to the City of Elgin Community Development Department for funding consideration for the fiscal year 2012 -2013 and in a proper motion and vote approved this application for submission. The Board further certifies that the organization making this application has complied with all applicable laws and regulations pertaining to the application and is a non - profit organization, tax- exempt and incorporated in the State of Illinois. PADS Of Elgin, Inc. (Name of organization requesting CDBG funds) hereby proposes to provide the services or project Identified in the Scope of Services in accordance with this application for Community Development Block Grant Funds. If this application is approved and this organization receives CDBG funding from the City of Elgin, this organization agrees to adhere to all relevant Federal, State and local regulations and other assurances as required by the City. Furthermore, as the duty authorized representative of the organization, I certify that the organization is fully capable of fulfilling its obligation under this application as stated herein. I further certify that this application and the information contained herein are true, correct and complete. I also authorize the following person(s) to have signatory authority regarding this grant: Name Title Name Title ewlor President /Board of Directors (or other authorized person) % /Il4 // Date PENALTY FOR FALSE OR FRAUDULENT STATEMENT U.S. Code Title 18, Section 1001, provides that a fine of up to $lo,000 or imprisonment for a period not to exceed five years, or both, shall be the penalty for willful misrepresentation and the making of false, fictitious statements, knowing some to be false. City of Elgin CDBG Application FY 2012 -2013 Application Page 31 Conflict of Interest The standards in OMB Circular A -110, Subpart C, provide that no employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by Federal funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when an employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in the firm selected for an award. The CDBG regulations at 24 CFR 570.611 and HOME regulations at 24 CFR 92.356 provide that no person who is an employee, agent, consultant, officer, or elected official or appointed official of the recipient or subrecipient that are receiving CDBG or HOME funds and (1) who exercises or has exercised any functions or responsibilities with respect to activities assisted with CDBG funds; or (2) who is in a position to participate in a decision - making process or gain inside information with regard to these activities, may obtain a financial interest from a CDBG- assisted or HOME- assisted activity, or have any interest in any contract, subcontract, or agreement with respect thereto, or the proceeds there under, either for themselves or those with whom they have family or business ties, during their tenure or for one (1) year thereafter. A disclosure of the nature of any perceived or actual conflict must be made prior to the execution of agreements utilizing CDBG or HOME. IF NO CONFLICT EXISTS, COMPLETE THE FOLLOWING: I ce7v�t # o confli of tier st exists between the City f Elgin and name of organization) tl0 O .7 , Y g' t I certify that no conflict of interest exists between the subcontractors of and (name of organization) r)Aas c-L Czfvt^ IF A POTENTIAL CONFLICT EXISTS, COMPLETE THE FOLLOWING: ❑ I certify that a potential conflict of interest may exist between the City of Elgin and (name of organization) ❑ I certify that a potential conflict of interest may exist between (name of subcontractor) _ and (name of organization) Describe the nature of the conflict of interest below. Identify the individual, employment and the conflict or potential conflict, and their affiliation with your organization. of AAhorized Agency Official Typed Name and Title Date 0/j( City of Elgin CDBG Application FY 2012 -2013 Application Page 32 55 T Mucl P.A.D.S. OF ELGIN, INC. (a not- for - profit corporation) AUDITED FINANCIAL STATEMENTS YEAR ENDED JUNE 30, 2011 CONTENTS Basic Financial Statements PAGE Independent Auditors' Report .......................................... ............................... 1 Statements of Financial Position ...................................... ............................... 2 Statementsof Activities ................................................. ............................... 3 Statements of Cash Flows .............................................. ............................... 4 Statements of Functional Expenses.......... .... I . ....... ...... ...... ....... 5 Notes to Financial Statements ......................................... ............................... 6- 11 2230 Point Blvd., Ste. 700 a Elgin, Illinois 60123 847.888.8600 Fax: 847.888.0635 a wvsx.MuellerCPA.com INDEPENDENT AUDITOR'S REPORT To the Board of Directors P.A.D.S. of Elgin, Inc. Elgin, Illinois We have audited the accompanying statements of financial position of P.A.D.S. of Elgin, Inc. (a not -tor- profit organization), as of June 30, 2011 and 2010, and the related statements of activities, cash flows, and functional expenses for the years ended June 30, 2011 and 2010. 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 audits. We conducted our audits 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 audits provide a reasonable basis for our opinion. In our opinion, the 2011 and 2010 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, 2011 and 2010, and the changes in its net assets and its cash flows for the years then ended in conformity with accounting principles generally accepted in the United States of America. Elgin, Illinois October 12, 2011 -1- Certified Public Accountants a Management Consultants Offices in Elgin, St Charles and Oakbrook Terrace P.A.D.S, OF ELGIN, INC. STATEMENTS OF FINANCIAL POSITION JUNE 30, 2011 AND 2010 ASSETS Current assets: Cash and cash equivalents Certificate of deposit Accounts receivable Pledges receivable Prepaid insurance Total current assets Property and equipment: Automobiles Equipment Leasehold improvements Less accumulated depreciation and amortization Other assets - Security deposit The accompanying notes are an integral part of the financial statements Q 2011 2010 $ 263,158 259,793 78,D20 77,323 1,535 489,372 72,000 30,383 4,909 5,211 419,622 372,710 19,370 19,370 19,518 19,518 489,372 489,372 528,260 528,260 (244,939) (185,898) 283,321 342,362 14,132 14,132 $ 717,075 729,204 LIABILITIES AND NET ASSETS Current liabilities: Accounts payable Accrued expenses Total current liabilities Noncurrent liabilities - Security deposit Net assets: Unrestricted: Board designated assets Undesignated Temporarily restricted 2011 2010 S 146 380 - 10,544 146 10,924 6,752 61752 94,275 93,991 553,902 600,087 648,177 694,078 62,000 17,450 710,177 711,528 S 717,075 729,204 P.A.D.S. OF ELGIN, INC. STATEMENTS OF ACTIVITIES YEARS ENDED JUNE 30, 2011 AND 2010 Revenues: Grants - government United Way allocation Interest income Rental Income Miscellaneous income Net assets released from restrictions - satisfaction of program restrictions Total revenue Public support: Contributions In -kind donations Special events (net of expenses of 576,741 in 2011 and $18,007 in 2010) Total public support Total revenue and public support Expenses: Program services Management and general Fundraising Total expenses Change in net assets Net assets, beginning of year Net assets, end of year 2011 TEMPORARILY UNRESTRICTED RESTRICTED TOTAL $ 213,564 62,000 275,564 30,000 - 30,000 2,132 - 2,132 45,948 - 45,948 25,237 - 25,237 17,450 (17,450) - 334,331 44,550 3787881 67,837 - 67,837 31,405 - 31,405 69,757 - 69,757 168,999 - 168,999 503,330 44,550 547,880 399,622 - 399,622 105,772 - 105,772 43,837 - 43,837 549,231 - 549,231 {45,901) 44,550 (1,351) 694,078 17,450 711,528 $ 648,177 62,000 710,177 The accompanying notes are an integral part of the financial statements -3- 2010 TEMPORARILY UNRESTRICTED RESTRICTED TOTAL 200,144 17,450 217,594 25,000 - 25,000 3,439 - 3,439 44,190 - 44,190 10,136 - 10,136 35,344 (35,344) 732,438 35,344 767,782 318,253 (17,894) 300,359 72, 008 72, 008 38,176 38,176 71,550 71,550 181,734 181,734 499,987 (17,894) 482,093 389,502 - 389,502 105,262 - 105,262 43,583 - 43,583 538,347 - 538,347 (38,360) (17,894) (56,254) 732,438 35,344 767,782 694,078 17,450 711,528 P.A.D.S. OF ELGIN, INC. STATEMENTS OF CASH FLOWS YEARS ENDED JUNE 30, 2011 AND 2010 Cash provided by lappiied to) operating activities: Change in net assets Adjustments to reconcile change in net assets to net cash provided by operating activities: Depreciation and amortization Changes in: Accounts receivable Pledges receivable Prepaid insurance Accounts payable Accrued expenses Cash provided by (applied to) investing activities: Redemption of certificate of deposit Purchase of certificate of deposit Net increase in cash Cash and cash equivalents, beginning of year Cash and cash equivalents, end of year The accompanying notes are an integral part of the financial statements -4- 2011 2010 $ (1,351) (56,254) 59.041 63.055 (1,535) - (41,617) 4,961 302 (959) (234) 380 (10,544) 384 41062 11,567 77,323 76,051 (78,020) (77,323) (697) (11272) 3,365 10,295 259,793 249,498 S 263,158 259,793 P.A.D.S. OF ELGIN, INC. STATEMENTS OF FUNCTIONAL EXPENSES YEARS ENDED JUNE 30, 2011 AND 2010 Salaries, wages and other compensation Employee benefits Payroll taxes Total salaries and related expenses Advertising Donations Equipment rental General insurance In -kind expense Licenses and subscriptions Meetings and employee education expense Office supplies Payroll processing fees Postage and shipping Printing and reproduction Professional fees Program supplies Rent expense Utilities Transportation expense Depreciation and amortization Total expenses 11 MANAGEMENT PROGRAM AND SERVICES GENERAL FUNDRAISING TOTAL S 159,044 53,794 21,050 233,888 12,500 5,114 1,325 18,939 12,147 4,108 1,608 17,863 183,691 305 610 785 8,076 31, 405 7 772 70 25,360 75,235 15,189 6,751 348,256 63,016 1,308 2,019 875 1,059 3 1,375 463 17,855 9,405 1,899 99,277 23,983 270,690 42,657 490,190 51,366 6,495 1,180 59,041 S 399,622 105,772 43,837 549,231 The accompanying notes are an integral part of the financial statements -5- 305 - 610 523 2,616 - 10,095 31,405 - 875 265 1,324 3 13 - 1,375 308 1,543 - 70 6,273 24,128 - 25,360 9,404 94,044 11898 18,986 - 6,751 42,657 490,190 51,366 6,495 1,180 59,041 S 399,622 105,772 43,837 549,231 The accompanying notes are an integral part of the financial statements -5- MANAGEMENT PROGRAM AND SERVICES GENERAL_ FUNDRAISING TOTAL 154,856 52,378 20,496 227,730 8,816 3,606 935 13,357 _ 11,828 4,001 1,565 17,394 11,261 _ _ 14,076 175,500 59,985 22,996 258,481 175 175 385 - - 385 731 1,218 487 2,436 11,261 2,815 - 14,076 38,176 - - 38,176 - 545 - 545 - 229 57 286 841 280 280 1,401 - 1,106 - 1,106 561 336 224 1,121 - 20,864 7,330 28,194 13,116 - - 13,116 73,043 91131 9,131 91,305 14,534 1,817 1,817 18,168 6,321 334,644 98,326 42,322 475,292 54,858 6,936 1,261 63,055 389,502 105,262 43,583 538,347 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 not -for- 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 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 donated 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. Investments Investments consist of certificates of deposits and are carried at market value, which approximates cost. -6- P.A.D.S. OF ELGIN, INC. NOTES TO FINANCIAL STATEMENTS (CONTINUED} NOTE 1 - SIGNIFICANT ACCOUNTING POLICIES, CONTINUED Pledoes 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, 2011 and 2010. 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. 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. -7- P.A.D.S. OF ELGIN, INC. NOTES TO FINANCIAL STATEMENTS (CONTINUED) NOTE 1 - SIGNIFICANT ACCOUNTING POLICIES, CONTINUED Subsequent Events Subsequent events have been evaluated through October 12, 2011, the date that the financial statements were available for issue. NOTE 2 - PLEDGES RECEIVABLE Pledges receivable at June 30, 2011 and 2010 consisted of the following: 2011 2010 Unconditional promises (expected to be received within the next fiscal year) $ 47,000 30,383 Other 25,000 - $ 72 000 30 383 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, 2011 and 2010 consisted of program restrictions as follows: Hanover Township United Way of Fox Valley Grand Victoria Foundation 2011 2010 $ 12,000 11,250 - 6,200 50,000 - $ 62,000 -_17,450 -8- P.A.D.S. OF ELGIN, INC. NOTES TO FINANCIAL STATEMENTS (CONTINUED) NOTE 5 - 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 rental. The amended lease requires additional monthly rental payments of $971 with yearly increases since January 1, 2008. The leases expire on December 31, 2016. Rent expense under these lease agreements for the years ended June 30, 2011 and 2010 was $94,044 and $91,305, respectively. The aggregate future minimum lease commitment for these leases as of June 30, 2011 is as follows: 2012 $ 96,866 2013 99,772 2014 102,765 2015 105,848 2016 109,023 Thereafter 55,317 $ _569.591_ NOTE 6 - 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, 2011 and 2010 was $45,948 and $44,190, respectively. The aggregate future minimum lease receipts to be received under this operating lease at June 30, 2011 are as follows: 2012 -9 $ 47 394 P.A.D.S. OF ELGIN, INC. NOTES TO FINANCIAL STATEMENTS (CONTINUED) NOTE 7 - FAIR VALUE MEASUREMENTS Generally accepted accounting principles establish 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 measurements) and the lowest priority to unobservable inputs (Level 3 measurements). The three levels of the fair value hierarchy under the framework 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 substantially the full term of the asset or liability. 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, 2011 and 2010. interest- bearing cash and certificates of deposit: Based on value of cash or certificate at year end. -10- P.A.D,S. OF ELGIN, INC. NOTES TO FINANCIAL STATEMENTS (CONTINUED) NOTE 7 - FAIR VALUE MEASUREMENTS, CONTINUED 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 at the reporting date. Within the fair value hierarchy, the Organizations assets consisted of Level 1 inputs which had fair values of $341,178 and $337,116 as of June 30, 2011 and 2010, respectively. NOTE 8 - TAX STATUS P.A.D.S, is exempt from income taxes under Section 501(c)(3) of the Internal Revenue Code. The Organization has adopted recently issued accounting principles related to uncertain tax positions for the year ended June 30, 2011 and has evaluated its tax positions taken for all open tax years. Currently the 2008, 2009, and 2010 tax years are open and subject to examination by the Internal Revenue Service and Illinois Department of Revenue; however, the Organization is not currently under audit nor has the Organization been contacted by any of these jurisdictions. Based on the evaluation of the Company's tax positions, management believes all positions taken would be upheld under an examination; therefore, no provision for the effects of uncertain tax positions has been recorded for the year ended June 30, 2011. NOTE 9 - RECLASSIFICATIONS Certain amounts in the 2010 financial statements have been reclassified to conform with the year 2010 presentation. 11- Name Address & Work Fax/ Home 1 Telephone/ Email Address Telel h ne i Cell Susan Angell- 202 Atwell Cell (312) 592 -2229 Case Street (847) 452 -8831 Sangellease(,aol.com Realtor-9 Elgin, It. 60124 Baird &Warner Term Expires: 10/14 Secretar (10/05} Ron Barkby 37W240 Olwin I Cell RBARKBYna comcast.net Consultant Drive (847) 812 -0466 Elgin, fl. 60124 Term Expires: 10/14 President (10105) (847)742 -3138 Charles Falls 118 Villa Street ; (847)931 -5800 (847) 931 -5801 President Elgin, Il. 60120 j cFalls atdenricoouer.com Demi & Cooper 1 Ad�vertisi�n >(11/0?) Term Expires: 11/13 Dal n Fox 890 Douglas Cell nigelfoxx @aol.com Consultant Elfin, 11.60120 (847)217 -5650 Fox & Waters (847)695 -8706 Term Expires: 10/14 Leader Training (10105) _ Doug Kramp 31 S. Union krampdck),,vahoo.com Scientist/Engr. Elgin, 11. 60123 Retired (847)741 -4903 Tenn Expires: 10/14 Vice President(10105) j Beth Kruger 1001 Meadow Cell Betlak ail.com Project Manger Lane, Elgin (847)710 -3216 ' (ll1l) 60123 Tern Expires: 1/14 (847)697 -71.63 Joyce Lueth 165 S. Randall Work iluethnfirstcombank.com Vice President Rd., Elgin, IL (847)622-8800 First Community 60123 Cell Term Expires: 6/14 Bank (6/08) (847)658 -4528 j (847)337 -4585 I Treasurer Clemon 507 N. Liberty, I (847)695 -7757 onerevelem(i4live.com McCullough Elgin, IL. 60120 Second Baptist (847)346 -7757 Term Expires: 4/13 Church (4/10) Emi Morales 559 Columbia Cell nmoralel@vahoo.com Salzar Elgin, IL, 60120 1 (847)452 -2865 Attorney I Term Expires: 8/12 (8/09) Debbie Me6uire 1025 N. So. Cell Dam12954naol.com Ecker Center Elgin Blvd. (847)533 -1954 (10 /10) So. Elgin, IL Tenn Expires: 10/13 60177 847 -531 -5990 I Sue Moylan i 1879 Banks 1 suemoylanl @sbeglobal.net (10105) Drive Elgin, I1. 60123 Term Expires: 10/14 (847 }$$$ -0056 I PADS, of Elgin Inc, 2011 -2012 Operations Budget INCOME Fundraisers 2011 -12 Parking Messiah 4,000 Dinner Dance 71,000 Spring Fundraiser 500 Summer Fundraiser 800 Thomas 107000 Total Fund Raisers 86,300 Contribution Income Individual Contributions 18,000_ Business /Corporations + (GVF) 35,000 Churches _ 36,5Q0 Organizations 800 Other Income 14,000 Interest Income 2,200 Memorials 1,500 Oth Contrib. (Fndtns/Trsts) 2,000 Sub -Lease Income (Wayside) 47,400 From Board Designated Reserves 10,100 Total Contribution Income 168,500 LOMR DCEO 10,000 CDBG Kane Co 34,500 Elgin Township 20,000 City of Elgin 21x000 United Way of Elgin 40,000 Other(gov'tj DHS 16,000 FEMA 7,200 Hanover Township 20,000 ECC Work Study 11600 Elgin CDBG 50,000 Total Grants 222,300 TOTAL INCOME $ 477100 1/2 PADS, of Eigin Inc. 2011 -2012 Operations Budget EXPENSES 5000 Shelrer Services _ 5101 ^ Auto Transportation expense 400.00 5102 Client Assistance _ 1 200.00 5102,01 • Misc Medical 600.00 5102.02 • Transportation 61500.00 5109 - Proaram Supplies 6111 5109,10 • Site Supplies 7,700,00 5112 Site Maintenance 7,000.00 5109.12 • DHS 6,000.00 5109.13 • DCEO 0.00 6000 ' Martagemant & C&-feral Donations 6105 ^ Telephone expenses/ Utilities 19000.00 6100 Advertising expenses _ 325.00 6101 Bank Fees 120.00 6102 Equipment Rental + Purchase 21700.00 6103 Salary & Wages 251,700.00 6119 -1 Employee Health Benefits 201900.00. 6106 • Dues and Subscriptions 900.00 6108 • Office Expense 1 200.00 6109 - Outside Services 300.00 6110 Accounting /Bookkeeping Svc_ 16,500.00 6111 Rent _- 97t000.00 6114 Meetings & Meals 275.00 6115 • Printing and Reproduction 80,90 6116 • Donations 600.00 6117 • Education & Seminars 1,000.00_ 6118 • Postage and Delivery 1 700.00 6113, Miscellaneous 75.00 6119 -2 Other insurance Expense 10,200.00 7000 . Sr eCPal EVCI: tS 7000.05 Auction Expenses 15,500.00 7000,02 Outside Services 7000,04 Food Expenses _8,400.60 _ 0.00 7000.09 Garage Sale Expenses 0.00 7000,10 - Spring Fundraiser 225.00 7113,10 • Thomas the Train 1,200.00 TOTAL EXPENSES 477,100 2r2 ♦tail b BUILDING SUBLEASE J art,, r- THIS LEASE AGREEMENT executed this _ day of 'f 2007, by and between P.A.D.S. OF ELGIN, INC., an Illinois not - far - profit corporat n (hereinafter referred to as "Lessor ") and Wayside Cross Ministries an Illinois not - for - profit corporation (hereinafter referred to as "Lessee "). Berkley Court Properties, L.L.C. will hereinafter be referred to as "owner". WITNESSETH: Article 1. PREMISES. Lessor, for and in consideration of the covenants and agreements hereinafter mentioned to be kept and performed by Lessee, hereby leases to Lessee a portion of the real estate commonly known as 1.730 Berkley Court, Elgin, Illinois, and legally described in Exhibit "A" attached hereto and made a part hereof together with the benefit of all easements appurtenant thereto ( "Building "). That portion of the Building being leased hereunder is identified as two offices in Unit A (Director's office and shared office) and shared smoking area; Unit B (minus one storage room) and shared conference room, computer networking, laundry and shower rooms; this is approximately thirty percent (30 %) of the Building, a depiction of which is attached hereto as Exhibit B which shall hereinafter be referred to as the "Leased Premises." Article 2. TERM, 2.1 The original term of the Lease shall be for five (5) years 12 Lessee shall have the right to request an extension of this Lease for two (2) additional periods of five (5) lease years, provided it gives written notice thereof to Lessor at least six (6) months prior to the inception of each such additional period. Such extensions shall be dependent upon concurrence of Lessor and shall be exercisable only if Lessee is in good standing and all rents payable hereunder have been paid in full up to the date that the notice of extension is given. Article 3, BASE RENT, 3.1 Lessee agrees to pay $2,743 to Lessor (45% of Lessor's rent], as rent covering shared space in Units A &B of the Leased Premises for 2007. During a term of five (5) years, rent is payable monthly on the first day of each month. The base rent shall be increased on January 1 of each year by three percent (3 %) per annum during any additional lease years: MONTHLY RENTAL RATE 2007 (6 months) $2743 2008 $2825 2009 $2910 2010 $2997 2011 $3087 2012 (6 months) $3180 3.2 Lessee agrees to pay $583 to Lessor (60% of Lessor's rent], as rent covering shared space in Unit C of the Leased Premises for 2007. During a term of five (5) years, rent is payable monthly on the first day of each month, The base rent shall be increased on January I of each year to the rates listed below: MO, RENTAL RATE (unit C) UNIT C TOTAL A. B & C 2007 ($5sO (6 months) $583 $3326 2008 ($5.50sf} $641 $3466 2009($64, $700 $3610 2010 ($6,50sp $758 $3755 2011 ($7sO $816 $3903 2012 ($7sf) (6 months) $816 $3996 7/11/2007 Pagel Article 13. NOTTOI S. Any notice or permitted under this Lease shall be deemed `sufficiently given or served if personally delivered or delivered by certified mail (return receipt requested) to the parties as follows and either party may, by like notice, at any time and from time to time designate a different address to which notice shall be sent: If to lessor: PADS of Elgin, Inc. 1730 Berkley Court Elgin, IL 601.23 and copy to: Dick Travis 2425 Royal Boulevard Elgin, IL 60123 If to Lessee: Wayside Cross Center 1732 Berkeley Court Elgin, IL 60123 Any notice mailed by certified mail as required above shall be conclusively deemed to have been received by the addressee on the second business day following the date of such mailing. Article 14. HEADINGS. The headings of the several sections contained herein are for convenience only and do not limit or construe the contents of such sections. Article 15. WARRANTIES OF LESSOR. Lessor represents and warrants (a) Lessor has full power and authority to execute and perform this Lease and to grant the estate demised herein, and (b) that if Lessee shall faithfully perform all of its obligations under the Lease to be performed, Lessee shall peaceably and quietly have, hold and enjoy the Leased Premises and all appurtenances during the full term of this Lease and any renewal hereof. Article 16, AUTHORITY OF LESSEE. Lessee represents and warrants (i) that it has been duly authorized by its shareholders and directors to execute this Lease and to perform the covenants set forth therein and (if) that a certified copy of such enabling resolutions of said shareholders and directors shall be delivered to Lessor simultaneously with the execution of this Lease by Lessee. Article 17. To secure the faithful performance by Lessee of all of the covenants, conditions and agreements in this Lease, Lessee shall deposit with Lessor two month's rent. Lessor may apply such security deposit to cure any default by Lessee under the terms of this Lease that may exist from time to time, without prejudice to any other remedy or remedies that the Lessor may have. Upon termination of this Lease, Lessor shall return to Lessee any unused portion of the security deposit within thirty (30) days after the date of termination. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the date first written above. LESSEE: LESSOR: Wayside as M, tries P.A.D.Sf OF ELGIN, INC. By. By. � � Jame lr ase, V i Ron Barkby, Pr, ident �43$n�• i^7Ce.t�'- �v2,�Ih2FAt'f� 7/11/2007 Pagel December 18, 2011 RECEIVED Denise Momodu Elgin Planning and Neighborhood Services Department, CDBG Program 150 Dexter Court Elgin, IL 60120 Dear Ms. Momodu, DEC 09 7011 CITY OF ELGIN 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 $55,000 to support our emergency shelter. We are very grateful for the support that the City of Elgin has given us in the past, and we hope that the city will continue to commit to our program, as we feel we have shown we are the most cost effective and successful answer our community has to the problem of homelessness. Despite an uncertain economic climate PADS has managed to improve upon last year's successful placement rate of 74 %, increasing to 76 %, nearly 2.5 times the national average. However, the number of children in our shelter each night continues to rise. As we completed our analysis of demographics for the 2010 -2011 season we found a 150% in the number of children staying in the shelter. It is for reasons such as this that the ongoing operation of the shelter is a vital part of our community's safety net for those in crisis and we ask you to continue to support our program and the work that we do to fulfill our mission. 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 c 4� _ Brittany Mitchell Special Projects Coordinator, PADS of Elgin, Inc. 1730 Berkley Street m Elgin, Illinois 60123 • Phone: 847.608.9744 o Fax: 847.608.9746 www,padsofelgin.org o 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 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 assist persons actually displaced as a result of such activities; (B) Prepared its application in accordance with the policies of the City of Elgin and made the application available to the public; 4. The grant will be conducted and administered in compliance with: (A) Title VI of the Civil Rights Act of 1964 (Pub. L. 88 -352 42 U.S.C. Sec 2000d et seq.) and implementing regulations issued at 24 CFR Part E (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 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; Page 11 of 16 (H) The Age Discrimination Act of 1975 (Pub. L. 94 -135), as amended, and implementing regulations when published for effect; (I) The relocation requirements of Title 11 and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and the implementing regulations at 24 CFR Part 42, as required under 24 CFR 570.606; (.T) The labor standards requirements as set forth in 24 CFR Part 570, Subpart K and HUD regulations issues to implement such requirements; (K) Executive Older 11988 relating to the evaluation of flood hazards and Executive Order 11738 relating to the prevention, control and abatement of water pollution; (L) The flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (Pub. L. 93 -234); (M) The Fair Housing Act (42 U.S.C. 3601 -20); 5. Its notification, inspection, testing and abatement procedures concerning lead -based paint will comply with 570.608 and 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 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 shalt require reporting of violations to the City, IIUD, and to the AESOP Assistant Administrator for Enforcement (EN -329). 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 corder 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 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, Page 12 of 16 dispensing, possession or use of a controlled substance is prohibited in the SUB- RECIPIENT`S workplace and specifying the actions that will be taken against employees for violation of such prohibition; (B) Establishing a drug -free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The SUB - RECIPIENT'S policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. (C) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (A); (D) Notifying the employee in the statement required by paragraph (A) that, as a condition of employment under the grant, the employee will: (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; (E) Notifying the City of Elgin's Community Development Department within ten (10) days after receiving notice under subparagraph (D)(2) from an employee or otherwise receiving actual notice of such conviction; (F) Taking one of the following actions, within 30 days of receiving notice under subparagraph (D)(2), with respect to any employee who is so convicted: (1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (G) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (A), (B), (C), (D), (E) and (F). 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 Page 13 of 16 for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (C) The SUB- RECIPIENT shall require that the language of this certification be included in the award documents for all 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 upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Page 14 of 16 EXHIBIT C EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION Community Development Block Grant Program City of Elgin The undersigned understands and agrees that it is a SUB - RECIPIENT of the Community Development Block Grant Program of the City 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 I-IUD Equal Employment Opportunity Regulations at 42 CFR 130.15(b), in Executive Order 11246, as amended by Executive Orders 11375 and 12006, and implementing regulations issued in 41 CFR Chapter 60. (2) It will be bound by said equal opportunity clause with respect to its own employment practices when it participates in any Community Development Block Grant Program construction. (3) It will assist and cooperate actively with the City of Elgin, the Department of Housing and Urban Development and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations and relevant orders of the Secretary of Labor. (4) It will furnish the City of Elgin, the Department of Mousing and Urban Development and the Secretary of Labor such information as they may require for the supervision of such compliance, and will otherwise assist the City of Elgin and the Department of Housing and Urban Development in the discharge of primary responsibility for securing compliance. (5) It will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from or who has not demonstrated eligibility for government contracts and federally assisted construction contracts pursuant to the Executive Order. (6) It will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the Secretary of Labor, the City of Elgin or the Department of Housing and Urban Development. (7) In the event that SUB - RECIPIENT faits 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. Page 15 of 16 SUB - RECIPIENT: P.A.D.S. of Erin, Inc. 1730 Berkley Street, El in, Illinois, 60123 1 � r BY: — Dennis Hewitt Executive Director Page 16 of 16