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12-184
Resolution No. 12-184 RESOLUTION AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT SUB-RECIPIENT AGREEMENT WITH THE LARKIN CENTER 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 The Larkin Center for installation of a new roof, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: December 14, 2012 Adopted: December 14, 2012 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AGREEMENT BETWEEN THE CITY OF ELGIN AND THE LARKIN CENTER This AGREEMENT is entered into as of the 14th day of December ,2012,by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter called "GRANTEE" or "CITY") and THE LARKIN CENTER, 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 1212 Larkin Avenue, Elgin,Illinois 60123. RECITALS A. CITY has applied for Community Development Block Grant funds (hereinafter referred to as "CDBG funds") from the United States Department of Housing and Urban Development (hereinafter called "HUD") as provided by the Housing and Community Development Act of 1974, as amended(P.L. 93-383) (hereinafter called "ACT"). B. CITY has considered and approved the application of SUB-RECIPIENT for CDBG funds allotted to CITY for distribution to SUB-RECIPIENT. C. The CITY and SUB-RECIPIENT enter into this Agreement pursuant to their respective powers to enter into such agreements, as those powers are defined in the Illinois Constitution and applicable statutes. II. SCOPE OF THE PROJECT A. SUB-RECIPIENT hereby agrees to perform, in a timely fashion, the activities provided for herein, and those previously defined in the application and project description dated December 15, 2011, submitted by the SUB-RECIPIENT entitled "Administrative Building Roof and Driveway Replacement Project", which was revised, a copy of which is attached hereto as Exhibit"A" and incorporated herein by this reference (hereinafter referred to as the "PROJECT"). The SUB-RECIPIENT was awarded a grant for Fiscal Year(FY)2012-2013. B. All funding provided to SUB-RECIPIENT shall be used solely to install a new roof at the Center's administrative building, located at 1212 Larkin Avenue, Elgin, Illinois. About 937 low and moderate-income Elgin families will benefit from the Center's program in its 2012-2013 fiscal year. The subject building will serve 82 percent low and moderate income persons as defined by 24 CFR 570.208 (a) (2)(i) (A). Such funding shall be used only for the installation of a new roof, and other costs associated with the above activities as are consistent with the scope and intent of the PROJECT and are pre-approved by CITY staff C. The SUB-RECIPIENT shall comply with administrative and procurement requirements as applied to the Community Development Block Grant program in accordance with 24 CFR 85: 1. The Bid Specifications shall include all specifications and pertinent attachments and shall define the items or services in order for the bidder to properly respond. Page 1 of 19 2. The SUB-RECIPIENT shall submit the Bid Specifications and plans to the City's Community Development Department for staff's approval prior to advertising in a local newspaper and the Dodge Construction News. 3. The SUB-RECIPIENT shall include in the invitation for bids, the statement "Minorities and women contractors are encouraged to submit bids." The SUB- RECIPIENT shall purchase a 1" x 3" space in the Dodge Construction News Classified Section specifically inviting Minority Business Entity/Women Business Entity(MBE/WBE) firms to submit bids. 4. All bids will be publicly opened at the time and place prescribed in the invitation for bids. 5. The SUB-RECIPIENT shall provide the City's Community Development Department with a copy of the classified advertisement and the results from the bid opening. 6. The contract award will be awarded, in writing, to the lowest responsive and responsible bidder. Any or all bids may be rejected, if there are sound documented reasons. D. The SUB-RECIPIENT shall comply with the Federal Labor Standards and Prevailing Wage Rates as applied to the Community Development Block Grant Program in accordance with Title 29 of the Code of Federal Regulations,Part 5: 1. After the start of the described work, the SUB-RECIPIENT shall provide to the City's Community Development Department staff, weekly reports of the contractor and/or subcontractors at the job site. The SUB-RECIPIENT shall conduct employee interviews of the contractor and/or subcontractors at the job site. 2. Originals of all documents required for compliance with the Federal Labor Standards shall be supplied to the City's Community Development Department. 3. SUB-RECIPIENT shall erect a sign in a prominent place at the job site crediting the City of Elgin and HUD for funding of the PROJECT by including the following statement: "Funding for the Project has been provided, in part, by the City of Elgin from the U.S. Department of Housing and Urban Development's Community Development Block Grant Program." E. Quarterly Progress Reports 1. The SUB-RECIPIENT shall provide a Quarterly Progress Report to the CITY each quarter, reporting on the status of the PROJECT in relation to the Project Implementation Schedule. The quarterly progress reports shall begin upon the signing of this Agreement, and be based on the CDBG program year, beginning on June 15` and ending on May 3151 of the following year. The quarterly progress report shall be submitted until the completion of the project or until directed to discontinue such reports in writing by the CITY. Page 2 of 19 2. Quarterly progress reports shall be due on the 10t day of the month following, the end of the quarter, for the previous quarter's activities. 3. The SUB-RECIPIENT shall use a form provided by the Community Development Department and shall include all required information about the number of clients served each quarter (by race, income, and the number of female headed households). F. Request for Payment 1. The SUB-RECIPIENT shall provide the City's Community Development Department, prior to the start of construction, with an itemized list of all estimated expenditures. This list (on a State of Illinois Engineer's Pay Estimate form BLR-283 or equivalent) shall show expected quantities and unit prices for each item. 2. Request for payment shall be submitted on a timely basis. Each request for payment sent to the CITY shall be accompanied by said payment estimate form signed by the SUB-RECIPIENT'S authorized representative and showing the work completed. Changes to items on the pay estimate form must be authorized, in writing, by the SUB-RECIPEINT (on a State of Illinois Request for Approval of Change in Plans Form BLR-228 or equivalent), and a copy of such authorization shall be submitted to the City's Community Development Department before payment pursuant to such changes is made. G. Prior to the expenditure of CDBG funds,the SUB-RECIPIENT shall meet with the City's Community Development Department staff to establish acceptable documentation and guidelines regarding requests for payment for the activities described in the Scope of Work. No payment of CDBG funds will be made by the CITY without the required documentation. H. SUB-RECIPIENT shall record and report monthly to the CITY all program income (as defined in 24 CFR 570.500(a)) generated by activities carried out with CDBG funds made available under this Agreement. Any such program income shall be returned to the CITY. Written request for an exception to this section must be made in writing to the CITY's Community Development Department. Such request shall describe why the SUB-RECIPIENT needs the income, the specific activities the SUB-RECIPIENT will undertake with the funds, and how the SUB-RECIPIENT will report income and expenditures to the CITY. A written response to the request will be provided to the SUB- RECIPIENT from the CITY. The use of any program income by the SUB-RECIPIENT shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, to the extent any such income is used during the Agreement period for activities permitted under this Agreement, SUB-RECIPIENT shall reduce requests for additional funds by the amount of any such program income balances on hand. All unexpended program income shall be returned to the CITY at the end of this Agreement period. Any interest earned on cash advances from the U.S.. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to the CITY. III. AMOUNT AND TERMS OF GRANT Page 3 of 19 A. The CITY shall distribute to SUB-RECIPIENT, as SUB-RECIPIENT'S portion of the total grant received by the CITY and in consideration of SUB-RECIPIENT'S undertaking to perform the PROJECT, a maximum of$50,600 (hereinafter "Grant Funds"), to be paid in the manner set forth herein at Section VII. B. This PROJECT shall be identified by the following project and account numbers: Project No. 154847 and Account No. 230-0000-791.93-36 in the amount of $50,600, which identifying numbers shall be used by SUB-RECIPIENT on all payment requests. C. In the event the services identified in Section II, Scope of the Project of this Agreement or other eligible services for low and moderate income individuals and households are no longer provided at The Larkin Center, 1212 Larkin Avenue, Elgin, due to actions by the SUB-RECIPIENT, the SUB-RECIPIENT shall reimburse the U.S. Department of Housing and Urban Development or the CITY for project activities undertaken in whole or in part with CDBG funds at a rate of 6.7% for each year and portion of each year remaining on the ten-year useful life of the facility improvements. The ten-year compliance period shall begin on the commencement date of this Agreement. This provision shall not be construed as limiting the CITY from asserting any claims against the Larkin Center, for the breach of any other terms of this Agreement. D. Upon project completion as specified in Section II, Scope of the Project, any remaining CDBG project funds shall be available for reallocation by the CITY to another eligible CDBG project. If SUB-RECIPIENT materially fails to comply with any term of this award, the SUB-RECIPIENT shall repay to the CITY all funds used for ineligible activities. E. A minimum of 51 percent of the persons served on an annual basis shall be at or below 80 percent of the Median Family Income in order for the SUB-RECIPIENT to maintain eligibility for the CDBG funds provided for herein. Said income levels shall be updated and revised annually to conform to levels set by the U. S. Department of Housing and Urban Development. Failure to meet the aforementioned minimum 51 percent threshold shall require SUB-RECIPIENT to reimburse the CITY for funds expended, in whole or in part, for project activities. F. Changes in the scope of services, budget, or method of compensation contained in this Agreement, unless otherwise noted, may only be made through a written amendment to this Agreement, executed by the SUB-RECIPIENT and CITY. IV. SUB-RECIPIENT'S COMPLIANCE WITH THE ACT A. CITY shall assist SUB-RECIPIENT'S making application for CDBG funds. B. SUB-RECIPIENT shall abide by the ACT, and all HUD rules and regulations promulgated to implement the ACT. C. SUB-RECIPIENT shall, upon request of CITY, (1) assist in the completion of an environmental review and (2) complete certifications showing equal employment opportunity compliance including equal employment opportunity certification with reference to the PROJECT, as set forth in Exhibit "C" attached hereto and made a part hereof. Page 4 of 19 D. SUB-RECIPIENT, in performing under this Agreement, shall: 1. Not discriminate against any worker, employee, or applicant, or any member of the public, because of race, creed, color, sex, age or national origin, nor otherwise commit an unfair employment practice; and 2. Take affirmative action to insure that applicants are employed without regard to race, creed, color, sex, age or national origin, with such affirmative action in- cluding, but not limited to the following: Employment, upgrading, demotion or transfer, termination, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, including apprenticeship. E. SUB-RECIPIENT shall permit CITY and HUD to conduct on-site reviews, examine personnel and employment records and to conduct any other procedures or practices to assure compliance with the provisions of this Agreement. SUB-RECIPIENT agrees to post in conspicuous places available to employees and applicants for employment notices setting forth the provisions of this non-discriminatory clause. F. SUB-RECIPIENT shall comply with all laws and state and federal rules and regulations, including but not limited to those regarding a direct or indirect illegal interest on the part of any employee or elected official of the SUB-RECIPIENT in the PROJECT or payments made pursuant to this Agreement. G. SUB-RECIPIENT hereby warrants and represents that neither the project, including but not limited to any funds provided pursuant thereto, nor any personnel employed in the administration of the program shall be in any way or to any extent engaged in the conduct of political activities in contravention of Chapter 15 of Title 5, United States Code, referred to as the Hatch Act. H. SUB-RECIPIENT shall maintain records to show actual time devoted and costs incurred, in relation to the PROJECT, and shall prepare and submit quarterly progress reports which describe the work already performed and anticipated during the remaining time of the PROJECT. Upon fifteen(15)days notice from the CITY, originals or certified copies of all time sheets, billings, and other documentation used in the preparation of said progress reports shall be made available for inspection, copying, or auditing by the CITY at any time during normal business hours, at 150 Dexter Court,Elgin, Illinois. SUB-RECIPIENT shall adopt the audit requirements of the Office of Management and Budget (hereinafter "OMB") Circular A-133, "Audits of Institutions of Higher Learning and Other Non-Profit Institutions." SUB-RECIPIENT shall submit to the CITY one copy of said audit report. SUB-RECIPIENT shall permit the authorized representatives of the CITY, HUD and the Comptroller General of the United States to inspect and audit all data and reports of the SUB-RECIPIENT relating to its performance under this Agreement. J. SUB-RECIPIENT and CITY shall at all times observe and comply with Title 24 CFR Part 570 and all applicable laws, ordinances or regulations of the Federal, State, County, and local government, which may in any manner affect the performance of this Agreement. Without limiting the foregoing, the SUB-RECIPIENT shall comply with the Page 5of19 regulations, policies, guidelines and requirements set forth in Exhibit B, attached hereto and incorporated herein by this reference. K. SUB-RECIPIENT shall transfer to the CITY any unused CDBG funds and submit all billings attributable to this Project at the time this Agreement expires. L. SUB-RECIPIENT will ensure that any real property under the SUB-RECIPIENTS control that was acquired and/or improved in whole or in part with CDBG funds is used to meet the benefit of low and moderate income persons as defined by HUD, for a period of 10 years after the commencement of this Agreement. M. If during the 10 year period after the commencement of this Agreement, the SUB- RECIPIENT disposes of any property under the SUB-RECIPIENT'S control that was acquired and/or improved in whole or in part with CDBG funds, then the SUB- RECIPIENT will reimburse the CITY in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property in accordance with 24 CFR 570.503(b)(8)and 24 CFR 570.505. V. RIGHTS TO SUBCONTRACT A. SUB-RECIPIENT is herewith granted authority to subcontract all or any portion of the PROJECT to such engineers, architects, independent land use consultants, professional land planner, construction contractors or other entities as SUB-RECIPIENT shall deem appropriate or necessary and upon such terms as may be acceptable to SUB-RECIPIENT. B. Administration of any subcontracts by the SUB-RECIPIENT shall be in conformance with 24 CFR Part 570.200(d)(2) and Part 85.36. VI. SUB-RECIPIENT'S AUTHORIZATION TO ACCEPT PROPOSALS A. After the CITY has received notification that funds for the PROJECT have been released by HUD, the SUB-RECIPIENT shall be authorized to accept the proposal of any subcontractor for the PROJECT. VII. BILLING PROCEDURE A. Upon release of Grant Funds by HUD for the PROJECT, the CITY shall make disbursements to the SUB-RECIPIENT as either reimbursement for advances made by SUB-RECIPIENT or as advances for specific cash requirements of SUB-RECIPIENT for the PROJECT. All claims of SUB-RECIPIENT, whether for reimbursement or advancement, shall comply with the following requirements: 1. SUB-RECIPIENT shall submit a listing of all disbursements of CDBG funds, on a form provided by the CITY; 2. Any claim for advancement of CDBG funds shall be limited to an amount necessary for SUB-RECIPIENT to meet specific cash requirements for the Page 6 of 19 PROJECT and shall be disbursed by SUB-RECIPIENT within three (3) working days of receipt by SUB-RECIPIENT; 3. Any request for reimbursement or advancement pertaining to work under contracts from the SUB-RECIPIENT shall include the following: a. For interim payments to contractors and subcontractors, certification that the work for which payment is requested has been performed and is in place and to the best of SUB-RECIPIENT'S knowledge, information and belief that, the quality of such work is in accordance with the contract and subcontracts, subject to: (i) any evaluation of such work as a functioning PROJECT upon substantial completion; (ii) the results of any subsequent tests permitted by the subcontract; and(iii)any defects or deficiencies not readily apparent upon inspection of the work; and b. For final payment, certification that the work has been performed in a satisfactory manner and in conformance with the contract. 4. Processing of all requests for payment shall be contingent upon the submission of the required documentation by the contractor and subcontractor to the CITY that fully complies with federal labor standards, uniform relocation act or any other applicable federal, state, or local statutes,rules or regulations. 5. SUB-RECIPIENT shall forward to CITY all billings, vouchers, and other documents representing any accounts payable, in such timely and reasonable manner as both parties shall determine; provided, however, that in no event shall such documents be forwarded to CITY later than twenty-one (21) days after SUB-RECIPIENT'S receipt of such documents. 6. SUB-RECIPIENT shall cooperate with the CITY to facilitate the maintenance of financial records by the CITY as required by Title 24 CFR 85. B. Upon submission of an acceptable claim for Grant Funds, CITY shall process such claim and shall approve such claim for payment following approval by the City's Community Development Department, for compliance with this Agreement and applicable HUD requirements. C. Except as provided for in Section IX and X herein, CITY shall pay all required payments against eligible project costs, as described in Section II.B, incurred by SUB-RECIPIENT under this Agreement. VIII. ADMINISTRATION AND REPORTING REQUIREMENTS A. SUB-RECIPIENT shall administer the Grant Funds in conformance with the regulations, policies, guidelines and requirements of OMB Circular numbers A-110, A-122, and A- 133, as they relate to the acceptance and use of federal funds for the PROJECT. B. SUB-RECIPIENT shall submit all required information to show compliance with applicable laws, rules and regulations, as specified in this Agreement and shall submit to CITY a quarterly progress report no later than the 10th day of the month following the Page 7 of 19 activity being reported. SUB-RECIPIENT shall comply with all reporting and other requirements as specified in Exhibit "B" attached hereto and made a part of this Agreement. C. Relocation of Tenants SUB-RECIPIENT shall comply with the requirement under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. SUB-RECIPIENT shall maintain a separate relocation file for each displaced person/business for at least three years after the project has been completed or the person/business has received final relocation payments, whichever is later. Relocation costs must be paid to any tenant (residential or nonresidential) who occupies any building being acquired and is forced to move without cause. Waiver of rights to relocation costs can only be done by a single family homeowner. D. Management Plan and Operating Budget of the Facility SUB-RECIPIENT shall maintain, and keep current, a management plan and operating budget stating policies governing the operation of the facility and shall keep this plan and budget on file with the CITY. IX. TERMINATION OF AGREEMENT OR SUSPENSION OF PAYMENT A. During the implementation of the PROJECT, CITY may terminate this Agreement or may suspend payment of Grant Funds to SUB-RECIPIENT for SUB-RECIPIENT'S substantial breach of this Agreement, abandonment of the PROJECT or occurrence rendering impossible the performance by SUB-RECIPIENT of this Agreement. B. During the implementation of the PROJECT, the CITY may suspend payments of Grant Funds, due to use of funds in a manner unrelated to or in breach of this Agreement relative to, SUB-RECIPIENT'S performing the PROJECT, failure by SUB-RECIPIENT in submitting supporting information or documentation for a claim, submission by SUB- RECIPIENT of incorrect or incomplete reports, or SUB-RECIPIENT'S suspension of its pursuit of the PROJECT. C. In the event CITY elects to terminate this Agreement or to suspend payments, for any reason stated herein above in paragraph A and B of this Section IX, it shall notify the SUB-RECIPIENT, in writing, of such action, specifying the particular deficiency, at least five (5) working days in advance of any such action and establishing a time and a place for the SUB-RECIPIENT to refute the alleged deficiency at a time prior to CITY'S taking such action. After allowing the SUB-RECIPIENT the opportunity to refute or correct the alleged deficiency, if the alleged deficiency continues to exist, in the opinion of the CITY, the CITY may withhold payment of the Grant Funds until such time as the violation or breach is remedied. No action taken or withheld by the CITY under this paragraph shall relieve the SUB-RECIPIENT of its liability to the CITY for any funds expended in violation of any of the terms of this Agreement. D. SUB-RECIPIENT shall transfer to the CITY any unused CDBG funds and submit all billings attributable to this Project at the time this Agreement terminates or is suspended. Page 8of19 X. REMEDIES A. To the fullest extent permitted by law, SUB-RECIPIENT agrees to and shall indemnify, defend and hold harmless the CITY, its officers, employees, boards and commissions from and against any and all claims, suits,judgments, costs, attorneys fees, damages or any and all other relief or liability arising out of or resulting from or through, or alleged to arise out of, any breach of this Agreement; misuse or misapplication of funds derived pursuant to this Agreement by SUB-RECIPIENT; violation of any statutes, rules and regulations, directly or indirectly, by SUB-RECIPIENT and/or any of its agents or representatives; or any negligent acts or omissions of SUB-RECIPIENT or of SUB- RECIPIENT'S officers, employees, agents or subcontractors. In the event of any action against the CITY, its officers, employees, agents, boards or commissions covered by the foregoing duty to indemnify, defend and hold harmless, such action shall be defended by legal counsel of CITY'S choosing. The provisions of this paragraph shall survive any termination and/or expiration of this Agreement. B. In the event of loss of approved Grant Funds for the PROJECT as a result of any violation or breach of this Agreement by the CITY, misuse or misapplication of funds received from HUD unrelated to the PROJECT, or any violation of the statutes, rules and regulations of HUD, directly or indirectly, by CITY and/or any of its agents or representatives, CITY'S liability to SUB-RECIPIENT shall be limited to any funds which have previously been provided to sub-recipient pursuant to this Agreement. SUB- RECIPIENT hereby waives and releases CITY from any and all other liability pursuant to any such breach,misuse,misapplication or violation of statutes,rules or regulations. C. In the event HUD, or any other federal agency,makes any claim which would give rise to invoking the remedy provisions, as set forth in paragraph A or B of this Section X, then the CITY or SUB-RECIPIENT shall immediately notify the other party, in writing, providing the full details of the alleged violation. To the extent that any such matter is not subject to exclusive federal jurisdiction, venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this Agreement between the CITY and SUB-RECIPIENT shall be in the Circuit Court of Kane County, Illinois. D. In addition to any remedies available to the CITY, if CITY has lost or been prevented from receiving any federal funds, other than the Grant Funds, as a result of any alleged violation of law or other breach of this Agreement by SUB-RECIPIENT, the SUB- RECIPIENT shall repay, upon demand by the CITY, such amount of Grant Funds previously disbursed or allegedly due to the SUB-RECIPIENT. XI. TIMELINESS A. Time is of the essence of this Agreement. SUB-RECIPIENT shall meet the schedule deadlines listed below. Any milestone which the SUB-RECIPIENT does not achieve within two months of the date listed will result in the SUB-RECIPIENT submitting a revised implementation schedule for approval by the City's Community Development staff. Failure to achieve these deadlines may result in the loss or reduction of grant funds at CITY's discretion. Page 9 of 19 Actions Date 1. Prepare Bid Specification January 31, 2013 2. Bids Solicited March 1, 2013 3. Select Contractor May 1, 2013 4. Construction Begins June 1,2013 5. Construction Completed December 1, 2013 B. SUB-RECIPIENT. Shall complete the PROJECT within twelve (12) months from the date of this Agreement. However, in the event of any alterations or additions or of circumstances beyond the control of SUB-RECIPIENT, which in the opinion of the Community Development Director will require additional time for completion of said expenditures, then in that case, the time of completion shall be extended by the Community Development Director by a period of time not to exceed six(6)months. C. If SUB-RECIPIENT is delayed in the completion of the PROJECT by any cause legitimately beyond its control, as determined by the CITY, such that it cannot complete the PROJECT within eighteen (18) months of the date of this Agreement, it shall immediately give written notice to the CITY of the anticipated delay, the reasons therefore and request an extension of time for completion of the PROJECT. CITY's Community Development Director shall consider any such request and shall make a recommendation to CITY's City Council as to whether in his sole discretion he considers such an extension to be reasonable and necessary, under the totality of circumstances to be required for completion of the PROJECT due to the particular circumstances. The CITY's City Council shall act upon the extension request and recommendation of the Community Development Director and notify the SUB-RECIPIENT whether the time extension is granted or denied, and the CITY's intention to exercise the remedies available herein, including but not limited to suspension of further payments. A revised implementation schedule shall be submitted by SUB-RECIPIENT if an extension is granted by the CITY. XII. MISCELLANEOUS PROVISIONS A. AMENDMENTS - This Agreement constitutes the entire Agreement between the parties hereto. There are no other agreements, either oral or implied, between the parties hereto regarding the subject matter hereof Any proposed change in this Agreement shall be submitted to the other party for prior approval. No modifications, additions, deletions, or the like, to this Agreement shall be effective unless and until such changes are executed, in writing,by the authorized officers of each party. B. SUBJECT TO FINANCIAL ASSISTANCE AGREEMENT - This Agreement is made subject to financial assistance agreements between the CITY and the United States Department of Housing and Urban Development, with the rights and remedies of the parties hereto being in accordance with any such agreements. Page 10 of 19 C. ASSIGNMENT - Except as provided in Sections V and VI hereof, SUB-RECIPIENT shall not assign this Agreement or any part thereof and SUB-RECIPIENT shall not transfer or assign any Grant Funds or claims due or to become due hereunder, without the written approval of the CITY having first been obtained. D. ATTORNEY'S OPINION - If requested, SUB-RECIPIENT shall provide an opinion of its attorney, in a form reasonably satisfactory to the CITY, that all steps necessary to adopt this Agreement, in a manner binding upon SUB-RECIPIENT, have been taken by SUB-RECIPIENT, and that SUB-RECIPIENT is in compliance with applicable local, state and federal statues, rules and regulations for the purpose of complying with this Agreement. E. HEADINGS - The section headings of this Agreement are for convenience and reference only and in no way define, limit, or describe the scope or intent of this Agreement, and should be ignored in construing or interpreting this Agreement. F. The terms of this Agreement shall be severable. In the event any of the terms or provisions of this Agreement are deemed to be void or otherwise unenforceable for any reason,the remainder of this Agreement shall remain in full force and effect. G. This Agreement shall not be construed to create a joint venture, partnership, employment or other agency relationship between the parties hereto. H. Venue for the resolution of any disputes or the enforcement of any rights between the parties hereto arising out of or in connection with the terms and provisions of this Agreement shall be in the Circuit Court of Kane County, Illinois. Page 11 of 19 IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the dates recited below. CITY OF ELGIN, an Illinois Municipal Corporation / / BY: .i `/ Al. • ; Sean R. Stegall / City Manager DATE: /2. /4 s 1 ■ ATTEST: it14 6a.,2C-1 Ae4...4 Kimberly Dewis City Clerk SUB-RECIPIENT: The Larkin Center 1212 Larkin Avenue,Elgin, Iinois 60123 BY: ✓ .y— f` � 410 Dennis Graf Executive Director DATE: 124 -s-112_ ATTEST: all " _ _ � Page 12 of 19 RECEIVED PROPOSAL APPLICATION FOR CDBG FUNDING: THE COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG) DEC 1 5 2011 ENTITLEMENT PROGRAM ❖ CITY OF ELGIN FISCAL YEAR 2012-2013 JUNE 1,2012 THROUGH MAY 31,2013 Organization Name: The Larkin Center Project Name: Administrative Building Roof and Driveway Replacement Project Address: 1212 Larkin Ave., Elgin IL 60123 Exec Director Name: Mr. Dennis Graf Address: 1212 Larkin Ave. Elgin, IL 60123 Telephone#: 847-695-5656 Fax# 847-695-0897 Email Address: dgraf@larkincenter.org Website(if applicable): www.larkincenter.org Employer(IRS) ID#: 36-2170144 DUNS#: 074563149 Contact Name: Claudia Van Delinder Title: Public Relations Associate Contact Telephone#: 847-695-5656 X217 Fax#: 847-6954454 Contact Email: cvandelinder @larkincenter.org Website(if applicable):www.larkincenter.org PROJECT FUNDING REQUEST CDBG Funds Requested $88,075 Funding Leveraged from other Sources $0 Check the category,which describes the type of funding, requested: ❑Housing ❑ Public Facility x Infrastructure ❑Economic Development ❑ Public Service ❑ Other BRIEF PROJECT DESCRIPTION: Please provide a one-sentence statement about your project—not your organization. Our restoration project involves the replacement of the front driveway entrance and installation of a new roof for our Administrative Building located at 1212 Larkin Ave.,Elgin IL which has been recognized as a landmark by the City of Elgin. City of Elgin CDBG Application FY 2012-2013 Application Page 15 CONSTRUCTION PROJECTS ONLY Public Improvements/Construction Activity Application Form Project Name/Title: Front Driveway and Roof System Replacement for Administrative Building Agency Name:The Larkin Center Agency Address:1212 Larkin Ave. City: Elgin State: IL Zip:60123 1.Project Description(Attach additional sheets as necessary.) 1) Provide a detailed description of the facilities to be provided or improved. Identify major components of proposed work and state estimated quantities: Larkin's main building is a historic three-story brick structure built in 1912.It is 7,000 square feet with a second-story veranda, 100 foot long porch and a front driveway entrance that is 7,567 square feet.The entire facility sits on a 3 acre lot of land.The front driveway entrance is a safety hazard and needs deteriorated asphalt&concrete to be replaced. There are areas of the roof that are leaking which will require a tear off of 2 layers of asphalt shingles and wood deck replacement.(The scope of the project is attached). 2) Indicate the primary function of the facilities to be provided or improved: Larkin's main building serves as our administrative offices for 41 employees and functions as the central hub for 124 additional staff that work at various sites.All 60 clients that Larkin serves in their Group Home/Residential Program have access to this facility for doctor or case management visits.Clients who live in Larkin's on-campus group home utilize the kitchen to prepare and eat meals. This building also serves as a public facility for community volunteers,mentor/visiting resource training,DCFS monitors, daily business operations and visitors. c. Readiness to Proceed: (i) Do you have an architect/engineer under contract?If so provide name. © Yes No Allen Pena Architects (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 No (using Davis Bacon Wage Rate and Labor Standards) Please note that any costs incurred prior to the award and environmental review process cannot be reimbursed to the applicant. e.Provide evidence of site control. Copy of the deed. If property is not owned provide a copy of the lease. Agreement and letter from owner approving proposed work.(See attached) City of Elgin CDBG Application FY 2012-2013 Application Page 16 WARRANTY DEED—By.Corperattoa to Corporation.—Lone ream rout O.3267: Panted and for Nr by the Miesge kg t dews Jii+age this Twelfth day of June in the year of our Lord One Thousand Nine Hundred Eleven BETWEEN the First National Bank of Elgin, Illinois a corporation created and existing under and by virtue 61 the laws of the Stateof United States and doing business, in the State of_ Illinois party of the first apart, and' Elgin Childrens Home Association of Elgin, Illinois a corporation created and existing under and by virtne,of the laws of the State of Illinois having its principal office in the City of Elgin and State of Illinois ,party of the second part: ttnegsetlj, That the said party of the first part,for and ineonsideration ofthe sum of Two Thousand Dodl*rs in hand paid by the said party of the second part 'the receipt whereof is hereby acknowledged,and the said party of the seize:Apart part forever released and discharged therefrom has granted,bargained,sold,remised,released;conveyed,aliened and eon h med,and by'these presents does grant,bargain, sell, remise, release, convey, alien and confirm, unto the said party of the se:oad part, and to its successors aaidsaigus FOREVER,all the following described'lot`,"piece__.,or part.ei_o nd,situated in:rise_,, bsin of g`i► County of Kane and State of Illinois : and known and described as follow, To WIT: All of Block Ten (10) of Theo F. Swan's Sub—Di:Vision of Elgink Kane Ccitl q; Illiz o ,s as - platted and recorded in the Recor'der's Oitioe 'of E a d Kane Go- Oounty. egctijrt Witt d1T flub shigutar The hereditament and appurtenances thereunto belonging.or in anywise appertaining, and the reversion and reversions,remainder and remainders,rents,issues and profits thereof; and all the estate,right,title, interest,claim or demand whatsoever, of the said party of the first part,either in law or equity,of,in and to the above bar- gained premises,with the hereditaments and appurtenances: go Rabe ant to Kolb the said premises above bargained and described,with the appurtenances,unto the said party of the second part,its successors and assigns,FonBVER. fink The said First l atiazial Bank of Elgin, Illinois _ _ party of the first part,for itself and its successors, does covenant,grant,bargain and agree,to and with the eaid party of the second part, its suecemors and assigns,that at the time of the ensealing and delivery of these presents,it is well seized of the premises above conveyed,as of I. good,sure,perfect, absolute and indefeasible estate-of inheritance'in law,in fee simple,and has good right,full Power,and lawful authority to grant,bargain,sell and convey the entire in manner and form aforesaid,and that the same are free and clear from all former and other grfnts,bargains,sales,hens,taxes,assessments and encumbrances,of what kind or nature soever and the above bargained premises,in the quiet and peatlealite possession of the said party of the second part,its successors and assigns,against all and every other person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will Efflarrant ant „fetcher Elefenb.: is �e b is executed.purl t to antboritygive by the�a of_;:-Direct.ors of said Corporation.by F.esolutit seat coat" fir c ors OP Hine �- � it3t ce�snum erne. ee same },. a.;z nai ��iia Sim r'Ig _Corporation $tgueb,,5ealet an lecttti et in'Presence Ott hath'hereunto caused its corporate seal to be affixed,and these presents to be signed by its President,;and attested by its bier Secretary the day and year'i / �� ft , /4 President Attest: re.eewT -geae a CONSTRUCTION PROJECTS ONLY 2. Project Location: 1212 Larkin Ave. a. Project Address/Location: (Include photographs) 1212 Larkin Ave., Elgin,IL 60123 Census Tract(s):8511.01 Block Group(s): 1007, Block Group 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 Yes © No Yes © No If yes,explain:Recognized as a If yes,explain: If yes,explain: Landmark (iv)Environmental Hazards Yes IN No If yes,explain: c. Provide a time line for the project and current status of project progression: Construction Bid Period: 6/15/12- 6/30/12 Start Date: 7/16/12 Completion Date: 9/28/12 Status:Project has not been started to date. 3. Project Benefit: (Attach additional sheets as necessary.) a.Describe the existing problems or conditions to be corrected by the proposed activity. Identify the persons affected by these conditions. Explain how the project benefits low and moderate income people. The front driveway has deep pot holes in the entrance and exit areas off of Larkin Ave which present safety hazards leaving and entering traffic from Larkin Avenue. Other areas of the driveway present safety hazards for visitors,clients and staff entering the building which have caused incidences of tripping and falling.The areas of the roof that are leaking have caused the displacement of employees,pungent odors from wet insulation and dry wall making certain work areas unusable and a potential health hazard. We have had certain areas of the roof patched but the problem still exists.This facility benefits all agency clients which are low-to-moderate income as defined by the Income and Rent Guidelines on page 5 of this application. (60 Group Home/Residential children ages 6 to 18,50 adults and of the 167 staff members, 151 fall into the 80%Median Family Annual Income). b. Describe in quantifiable terms the goals to be achieved by your project during the proposed funding period,and how the recipients of your services will be benefited or changed. The goals to be achieved during the proposed funding period are to completely replace our deteriorated front driveway which creates safety concerns for everyone who utilizes our Administrative Building.We will also have the deteriorated portions of our roof completely restored and shingled with proper roof vents installed. This project provides the appropriate restoration necessary to ensure the preservation of a historic city landmark. The community benefits because the project insures its longevity and historic significance plus it ensures the continuance of much needed community mental health services and a work environment that provides job opportunities within the community. i l City of Elgin CDBG Application FY 2012-2013 Application Page 17 CONSTRUCTION PROJECTS ONLY Project Budget VITY` tDBG I;.unds J' I E# E 3ERAL TO AL EI , ftIN 1+ 35._ Acquisitit#Oosts- _ - t '._ . .. . . . :e, Land $0.00 Existing structures $0.00 Other acquisition costs $0.00 .$ite nrk(nbt In onstrn cfion.+oontract) = _ Demolition/clearance $0.00 Other site costs $0.00 Consuc EOjectbnp oVementCosts .. New Construction $0.00 Rehabilitation $84,575.00 $84,575.00 Performance bond premium $0.00 Construction contingency $0.00 Other $0.00 A fund Irte rng ,._ Architect Fees $3,500.00 $3,500.00 Engineering fees $0.00 Other A&E fees $0.00 f3fhe t$ a Appraisal fees $0.00 Survey $0.00 Soil boring/environmentalLBP evaluation $0.00 Tap fees and impact fees $0.00 Permitting fees $0.00 Legal fees $0.00 Other $0.00 i jscaoeotts`fts Developer fees $0.00 Project reserves $0.00 Relocation costs $0.00 P eCt in&ManagementC sts, a Marketing/management $0.00 Operating $0.00 Taxes $0.00 Insurance $0.00 Other $0.00 *The line items in column A are a guide. Items may be added or deleted depending on the type of project. City of Elgin CDBG Application FY 2012-2013 Application Page 18 Front Driveway Entrance (Replacement of Deteriorated Asphalt& Concrete Driveway) 1).Excavate existing asphalt, concrete beneath asphalt and sub-base to a depth of 11 1/2 inches (4,964 sq.ft.) a. Haul debris from site b. Fine grade and compact sub-base c. Install an 8 inch base of CA-6 stone d. Compact stone with vibratory roller 2. Remove existing asphalt on top of stone base (2,603 sq.ft.) a. Haul debris from site b. Compact existing stone base with vibratory roller 3. Fine grade and compact new and existing stone (7,567 sq. ft.) 4. Install 2 inches (compacted thickness) hot plant mix binder course asphalt(7,567 sq. ft.) 5. Install 11/2 inches (compacted thickness)hot plant mix surface course asphalt(7,567 sq. ft.) 6. Properly roll both lifts to proper compaction Roof System Replacement for Administrative Building Tear off up to 2 layers of asphalt shingles down to the wood deck(6800 sq. ft.)Following tear off, inspect wood deck and repair as needed. 1). Remove existing shingle roof system to plywood decking. 2). Replace any rotten decking. 3). Install ice water shield at eaves and valleys 4). Install 151b.felt over exposed plywood decking 5). Install 30 year shingles 6). Dormer flat roof—Install white TPO uec. ;q. ZVI i l i:4AM weathe rguard page No. 3243 0P. 2 t ` - Proposal --zoos. 404iNihi iii‘.. Weatherguard Roofing Company 345 Rennt:r Drive Elgin„IL 60123 847488-3008 I Fax 847488-301B PrapooiErtniliiedTo: --. _ -w..._. .___.,_,. _ . -- phone/Far: Ea. - ---- _ Larkin Center _ 12/1412011 SmN:• - J' Job maw: 1212 Larkin Ave Larkin Center •CIlr,SSlane Ng;Zip: Job Locovi : Elgin-------- __________ Elgin Attention: .Proposal Sent r'la: Mark Fax 047-655-0897 Thank you for the oppontmitt to bid this roofing projece. The following.1s.the scope of work,_which Weatherguard_Roofing Company will perform. Weatbergnnrd Roofing Co.hereby agree to famish all labor,materials and eveases necessary to ptxrbrm work as specified below_ BASE EID- Budget-S46.000.00 *Remove excistin$shingk roof system to plywood decking. , . *Install ice water shield at caves and valleys. . •, - . *Install 1516.felt over exposed ply wood decking.,. . _, s 1n 1l 30•y ear shingles. *Dormer flat roof-Install white TPA. ___ .._ .. . _ Alternate Nl-$28,000.00 • Install new galvanized inlaid gutters with soldered seams. • - Alternate l{2-842,x}00,011 - _ _ 16 ox copper inlaid gutters with,soldered seam __ _.._. __ _ _ _ Exclusion and Clarifications: . ..__— . .«_.,y- . . . + A._ . Exclude lover flat roofs • flue Bid Work To Be Completed For The Sum Of: See Pricing Above (Budget) Dollars( *********'s* ). With Payments To Be Made As Follows: _, All mecIWisyaronNedMkg,jr,vittea Alf werbtobeowavelel inspep.wsned memo aYa+tattosratdordpractices.Any olterormonoranwniat flag abnrexpa 10 Wrdv(nterica WO.iris he eeecmedo>dy opdn Wined mks:,and toll become on earns chew avar wad ahem the entnate.AO aceenientscentingent epos Whet oeeldoas of de(o s 5ejwedorreenhmi Owner to rerryi lee.remain ad adore nerexary otrwmcc.Our ro g**Artfdly Locoed Worisjw/s f.omjicnwtrert lnartmse. Z 12/14/2011 Note: This proposal may be withdrawn by us —Authorized Signawre Date if not accepted within 30 days. *"ACCEPTANCE OF PROPOSAL*** The above prices,specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payments will tie made as outlined above. Authorised Signature: Date: ' 84165S2202 Singles Construction Co Sin-gips Construction Company 02:29:17 p.m. 12--05-2011 1/2 HARRIS RANK.S13 BANE•ARLINGTON HEIGHTS PARK DISTRICT•ALEXANDERS (847)695-0250 Office RESTAURANT•BETHLEI EM LUTHERAN CHLImCH-ELGIN&ST.CHARLES•WY OF EAST s r. ^ (847)695-2202 Fax DUtON-E.CITY HALL•CITY OF ELGIN•COLLEGE OF DUPAGE•MASTER MOLDED• CONEGATION KNESETH ISRAEL.DUEE PARK LIMCT•ELGIN CINMUHITY Mall To: COLN E .ELGIN MENTAL HEALTH CENTER-ELGIN SANITARY DISTRICT•FIRST AM9RCAN RANK•GENEVA POUCE DEPT.-HAEGGER POTTERIES•BAK9i COMMUNITY P d Box 31 CENTEIt•HOPPER PLASTrtS•KANE COUNTY FOREST PRESERVE•LISLE PARK DiSTRiCT lir ' Elgin,Illinois,60121-003T snuff•PINE MEADOWS TowNHOMES•5MVArloa awe.sr,tom%CliuRCH •STATE OF ILLINOIS•VERNZON•VILLAGE OF WEST DUNDEE.VILAAOLIVIA COUNTRY "Servicing Over 50Years"c� f//11114 Office Address: CLUB•HAJUN MANAGEMENT•VILLAGE OFLIBERTYVILLE•L EIN%FITNESS• 936 E Chicago St.. outtorY•NASA•RYDER TRUCKS•GRACE EVANGEUCALFREECHURCH•INDIANA Eight,Illinois 60120 UNIVERSITY•URVERS1TYOFILLINOIS-CHAMPAIGN •SPRING HRJ.Al ALL ING DIRECT•CHICAGO&ROCKFORD ARCHDIOCESE CONTRACT {Page 1 of Contract. See Reverse Side for Page 2 of Contract.) Contract 0:ICK,5471-11 LARKIN CENTER ATTN.DENNIS GRAF Date of Contract Proposal: )12/5/11 1212 LARKIN AVE. Job Location 'LARKIN CENTER Buyer ELGIN N ILLINOIS 60123 Addr ss:11212 LARKIN AVE. City/State:IELGIN ILLINOIS • if not the Owner, then Buyer must provide written Authority to sign this Contract. Phone: 1847 695 5656 Buyer is(check all applicable boxes): Fax: 1847 695 0897 Owner 0 Manager or Agent of Owner Email: 10GRAF @LARKINCENTER.ORG DGeneral ©Contractor ❑lndivdual Job Location Owner: ❑Partnership ©Corporation Name: 1LARKIN CENTER D Other i • Address:I 1212 LARKIN AVE. ELGIN ILL. Singles Construction Company,I-LC.. an Illinois Limited Liability Company,(°SINGLES°)will furnish all labor and materials('Work")and provide the equipment needed for the Work at the lob Location,subject to the terms and conditions set forth in this Contract that consists of this pagel and page 2 on the reverse side,incorporated into and made a part hereof. The Work Consist of SEE ATTACHMENT RIDER Pi Check Applicable Work: 0Rooting D5heetmetal [❑Tuckpointing DOther "ALL OF THE TERMS AND CONDITIONS ON THE REVERSE SIDE ARE INCORPORATED EITO AND ARE A PART OF THIS CONTRACT." Deposit$ 150% DEPOSIT PRICE: jSEE ATTACHMENT BALANCE OF PA DUE NET CASH UPON COMPLETION: This document -a binding.• , SINGLES only Hit is accepted in writing vEhout changes or modifications by Buyer and returned to SINGLES wkhin• - /o'0)days< th- Iv-to: Contract Proposal. Singles fr , on C•,v n,,LLC. Date of Acceptance 1CHA'T , ' �� f er �/ ►` - - AUthorized Signature By STATE OF ILLINOIS ROOFER'S LICENSE 104-000013 —- — Remarks: Authorized Agent of Owner(Attach written authority) Contracting Party Due to the volatility of the oil market,this proposal is only binding on Singles for 20 days.The proposal must be signed and returned with deposit within twenty(25)days so we can lock in material prices from our vendors. 0 Office 0 Customer One 847E352202 Singles Construction Co Singles Construction Company 02;29:35 p.m, 12-05-2011 212 Singles Construction Company LLC Proposal No.5471-11 TEAS.OFF UP T a 2 LAYERS Of.ASPBALT SHINGLES DOWN TO WOOD DECK.If more layers of roofing are found,an extra charge of$50.00 per square for each layer will be added to the final billing.Following tear off,inspect the wood deck and repair as needed at the following rate: plywood$150 SF or Planks$3.75 LF. Install the following Roof System: 1212 LARKIN AVE ELGIN ILLINOIS 1. Ice Shield:6'at gutter edges,in valleys,at walls around pipes and skylights. 4• 2. IF ROTTEN OR DAMAGED WOOD DECK IS PRESENT COST TO REPLACE WILL BE$2.50 SF.OVER BELOW PRICE. 3. Apply#15 felt over the balance of the deck. 4. Install new 30 YEAR ARCHITECTURAL shingle color of owners choice. 5. Install(4)new soil stack flashings. 6. Clean up the Job Site and haul away all debris. 7. Install new rake edge at eaves,bottom edge,and break in roof 8. Install.(7)new mushroom vents. 9. Cost of city permit is included in below price. 10.INCLUDED IN BELOW PRICE ARE THE FLAT WING OVERHANG OFF DORMERS. WE WILL INSTALL A SELF ADHERRED MODIFIED BITUMEN OVER THESE AREAS. 11.NOT INCLUDED ARE THE LARGE UPPER'FLAT ROOFS SINCE THEY WERE REPLACED.ALSO NOT INCLUDED ARE THE LOWER FLAT ROOFS ON THE EAST AND SOUTH SIDES OF THE BUILDING. Warranties: 30 YEAR manufacturers warranty and a 2 year labor warranty from Singles Construction Company LLC. Prices&Payment Methods: 50%Deposit with signed Contract. Balance of Base Contract Price plus any extras,due on completion. BUILDING ' PRICE$19,390.00 YES NO ABOVE PRICE INCLUDES ALL LOWER ROOFS. Color OF SHINGLES Sings . i i struc •, , company LLC Buyer t-ate�z1��1 Date � Satellite Dishes&TV Antenna's attached to the roof must be removed in order to install the new roof. 12/05/2011 09:43 8474644621 UIDALBLACKTDPLTD PAGE 01 LICENSED � . .r ESTIMATE URKSHEET BONDED 4 INSURED �' " `' . t o15.0 7 BLACKTOP LTD. ` t_F-.41. ... cn t_.t_ . Elgin,IL 60124 Phone(847)464.4631 Fax(847)4644621 CUSTOMER NAME Ll t .. c'-tz. EST# ►tcia CONTACT _ t-f r .t'S 1 rT'LL)2 PHONE k i '-4 ) e)1 2:1%.- -(3.-1 , CUSTOMER ADDRESS t cam► t L.J .tom-iy�.► a.--e. — DATE_ l ?Pt-O--- 4 �;� tom,, t-c.r L.• ►_4 "S EW DRNEWAY b,.."KILQ TVE. Ti1rtp"ng gbpec. GxtiOw1 10 cr x-1 FT= -1 _ L CI FT x R TOTAL,= TOTA SQ FT -T ( Cl t r �-4 FT xl 3+1 FT. 4 kg, t q>.� .a. i t 1 a PRICES • FT)(CIO FT= (i\ 02�*-4CkE - t c b.-.40 i V ,' --1 C-Cx sC 2. o1--1 ■ r.spo. i" , OVER GRAVEL pil Mp" Ms..) 91b" � ' FTx FT= TOTAL SQ FT r'A c',wG.r+_PyL, Gaxz.ak7 G[�, +mil\ , FTx FT- Vt"CGWt`O� ...hi-7 cCr-r?¢G�Cebo FT x FT. PRICE$ 1 FT x FT= �L aC1 �' L.Y .. ,u 'i C.t TtyG- s..Jo -Tb a„/a. � x � C 1c. @....,0 RESURFACE c FT x FT= F r x = TOTAL SO FT r`pN `# ° �+�X1,2. st , -Tel-1? oG4~Ca. FT x FT= PRICE$ FT x FT= r\ p��C-t' '-�'7, C� w a-c �3V�� 0.w `411:20t-w ` iaGVe..."' . EXTENSION FT x FT= TOTAL SQ FT t y ., .a.12.,, L, FTx FT= c FT x F1'_ " PRICE$ L.! SEAL COATING .-1 PATCHING F i x —FT= TOTAL SO FT FTx FT= Fix FT= PRICE S • 7N675 Garden Avenue I .pAyiNg Roselle,IL 60172 CONTRACTORS, INC. 630-529-2500 • 630-526-2655(fax) Quality beyond the surface wwwaandapavmp.co n December 6.201 1 Larkin Center 1212 Larkin Avenue Elgin,Illinois 60120 SCOPE OF WORK: Replacement Of Deteriorated Asnhall&Concrete 1)rivenav(7.567 sit.it.) 1.Excavate existing asphalt,concrete beneath asphalt and sub-base to a depth of I 1 1 inches(4.964 sq.ft.). a.Haul debris from sire. b_Fine evade and compact sub-base. c.Install an 8 inch base of CA-6 stone. d.Compact stone with vibratory roller. 2.Remove existing asphalt on top of stone base(2.603 sq.ft.). a.Haul debris from site. b.Compact existing stone base with vibratory roller. 3.Fine grade and compact new and existing stone (7,567 sq.f.). 4.Install 2 inches(compacted thickness)hot plant mix binder course asphalt(7.567 sq.ft.). 5.Install I V inches(compacted thickness)hot plant mix surface course asphalt(7,567 sq.ft.). 6.Properly roll both lifts to proper compaction. The above for the sum of 53$,165.00. { PLEASE NOTE. This proposal is based wr cwrent asphalt pricing and good for 30 days. Due to the extreme volatility in the petroleum industry, this price may need to be adjusted and any adjustments will be agreed to by both parties prior to the start of the project, All material is guaranteed to be as specified. Ali work to be completed in a substantial workmanlike manner according to specifications submitted and per standard practice with a one year warranty. 11-e cairy complete insurance coverage.Payment due upon completion of work. Not Included: Permits.bands,engineering Inspection certification for soil contamination,associated fees or otker work not.specified. Respectfully submitted, A and.4 Conrrgnton,inc. Accepted by: # / Owncrbigent Printed Name: Steve Falina,.4gent for A andA Contractors,inc. Dote of Acceptance: Page 1 of 1 Claudia VanDelinder From: Eric Pepa(epepa®allenpepa.comj Sent: Monday, December 12,2011 5:44 PM To: Claudia VanDelinder Subject: Larkin Center Driveway and Roof Replacement Hi,Claudia, Here is an estimate of what I think you will need as far as Architecture Services for this project: Scope of work documents for roof and driveway- 7 hrs. @$100/hr=$700.00 Site plan showing driveway area of work,construction details Roof plan and elevations showing roof material,slope, flashing and gutters, roof accessories,details Specifications for asphalt paving and roof- 6 hrs.@$100/hr=$600.00 Specifications identifying asphalt paving materials,manufacturers and execution Specifications identifying specific roofing materials, manufacturers and execution Prepare bid book with advertisement in local papers- 15 hrs.@$100/hr=$1,500.00 Include Davis-Bacon and other regulatory requirements Receive/analyze bids,prepare bid matrix Recommend contractors to Owner ertificate of Appropriateness(COA)documents and meeting- 3 hrs @$100/hr=$300.00 Construction Observation as needed- Hourly as needed or requested(estimated 3-S hrs) So,the total estimate would be$3,100 to$3,500 approximately. It could be a little less-I've given it some fluff in case other issues come up or there are more meetings than anticipated.You can give me a call and I can explain a little more of my thinking on this. Thanks, Eric Pepa,AIA President www.allenpepa,com ALLEN+PEPA A R C H I T E C T S ELGIN STUDIO. INC. 81 S. McLean Boulevard,Suite A South Elgin, IL 60177 • T: (847)695-7092 F: (847)628-5744 12/12/2011 Front Driveway Entrance Photos at 1212 Larkin Avenue, Elgin, IL w s 7 r z - Roof Photos at 1212 Larkin Avenue, Elgin, IL 1 v t X u_ ,,3 -- ` ! p. ^'"- 'x^ try "'.' 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\agencv\idol\rates\evenmo\kane9999.htm $25,000-$99,999 Projects over $25,000 require Newspaper Advertisement Public Solicitation of Contractor Bids in Elgin Standard Times. Federal requirements for Davis -Bacon and Minority and Women Business Enterprise Participation(MBE/WBE)compliance will be applicable. Federal Section 3 and City of Elgin Minority Workforce Requirements are not applicable for contracts under$100,000. The lowest qualified bid representing the complete scope of work from a QUALIFIED CONTRACTOR will be considered. $100,000+ Projects over $100,000 require Newspaper Advertisement Public Solicitation of Contractor Bids in Elgin Standard Times. Federal requirements for Davis -Bacon and Minority and Women Business Enterprise Participation(MBE/WBE)compliance will be applicable. Federal Section 3 and City of Elgin Minority Workforce Requirements will be applicable for contracts over $100,000. Bond Requirement—100%Payment and Performance Bonds. The lowest qualified bid representing the complete scope of work from a QUALIFIED CONTRACTOR will be considered. • City of Elgin CDBG Application FY 2012-2013 Application Page 19 2. PROJECT ELIGIBILTY SECTION A. This project is located in 8511.01 Census Tract(s)(identify tract by number) (website—Factfinder.census.gov) B. This project meets at least ONE of the HUD national objectives listed below(please check all applicable; discussion and definitions available on page 6 of the packet): X 1. Benefits low/moderate income individuals/households 2.Addresses the prevention or elimination of slums or blight 3. Meets a particularly urgent community development need. C. Check all statements that describe HOW this project or activity meets one of the National Objectives above: ❑ L/M Area Benefit: the project meets the identified needs of L/M income persons residing in an area where at least 51%of those residents are L/M income persons.The benefits of this type of activity are available to all persons in the area regardless of income. Examples: street improvements, water/sewer lines, neighborhood facilities, facade improvements in neighborhood commercial districts. • L/M Limited Clientele: the project benefits a specific group of people (rather than all the residents in a particular area),at least 51%of whom are L/M income persons.The following groups are presumed to be L/M: abused children,elderly persons, battered spouses, homeless, handicapped, illiterate persons. Examples: construction of a senior center, public services for the homeless, meals on wheels for elderly, construction of job training facilities for the handicapped. ❑ L/M Housing: the project adds or improves permanent residential structures that will be occupied by L/M income households upon completion. Housing can be either owner or renter occupied units in either one family or multi-family structures. Rental units for L/M income persons must be occupied at affordable rents. Examples: acquisition of property for permanent housing, rehabilitation of permanent housing, conversion of non-residential structures into permanent housing. ❑ L/M Jobs: the project creates or retains permanent jobs, at least 51% of which are taken by L/M income persons or considered to be available to L/M income persons. Examples: loans to pay for the expansion of a factory, assistance to a business which has publicly announced its intention to close w/resultant loss of jobs, a majority of which are held by L/M persons. ❑ MicroEnterprise Assistance: the project assists in the establishment of a microenterprise or assists persons developing a microenterprise. (A microenterprise is defined as having five or fewer employees, one or more of whom owns the business.) This activity must benefit low/moderate income persons, area or jobs as defined in previous sections. NOTE: List is continued on the following page... City of Elgin CDBG Application FY 2012-2013 Application Page 20 ❑ Slum or Blighted Area: the project is in a designated slum/blight area and the result of this project addresses one or more of the conditions that qualified the area. ❑ Spot Blight: the project will prevent or eliminate specific conditions of blight or physical decay outside a slum area. Activities are limited to clearance, historic preservation, rehabilitation of buildings, but only to extent necessary to eliminate conditions detrimental to public health and safety. Examples:historic preservation of a public facility threatening public safety, demolition of a deteriorated, abandoned building. D. Project Category[check one]: ❑ Acquisition of Real Property ❑ Disposition of Real Property ❑ 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 ❑ Housing Rehabilitation ® Historic Preservation ❑ Commercial or Industrial Rehabilitation, including facade improvements and correction of code violations. ❑ Special Economic Development or assistance to micro-enterprises. City of Elgin CDBG Application FY 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 ❑Homelessness Activity ✓ Infrastructure Activity Safe&Beautiful Community ❑Affordable Housing Activity ❑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 proposal: ✓ A Safe Community ❑ Quality Housing ✓ Neighborhood Vitality ❑ 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 ❑ Diverse Management Staff PROPOSED PROJECT ACCOMPLISHMENTS Please briefly describe proposed accomplishment(s) if funding is awarded: (Accomplishments must be described in terms of households served, people served, businesses created, housing units created,jobs created or public facilities undertaken. Example: This program will serve 485 LMI individuals, this program will create 25 jobs, etc.) PROPOSED ACCOMPLISHMENTS: This project benefits agency clients which consist of 60 Group Home/Residential children ages 6 to 18, 36 adult clients and of the 167 staff members, 152 fall into the 80%Median Family Annual Income.We also see an average of 884 visitors annually and are located in a low to moderate income neighborhood. Please answer the following questions: A. What is the total estimated number of persons to be served by this project? 1147 B. What is the total estimated number of LMI persons to be served by this project? 937 C. What is the anticipated percentage of LMI persons to be served by this project? j 82 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 front driveway project is new because it hasn't been replaced since it was originally poured when the Administrative Building was built in 1912. The original concrete surface was top coated with asphalt in the 60's and because of limited funds we have only been able to provide patching of the deteriorated surfaces to date. A professional contractor will excavate the existing asphalt and concrete, provide a new sub-base and install a new asphalt surface. The roof project is ongoing and has been an expense we just can not afford. It was replaced twenty years ago but with the normal wear and tear and the recent damage caused by raccoons and ice damns we have leaks in both the east and west sides of the building. The administrative building provides important mental health services to low to moderate income clients and resides in a low to moderate income neighborhood where the maintenance of the building provides neighborhood upkeep,vitality and safety. B. Identify who will benefit from the proposed activity (e.g. homeless, youth, seniors, disabled, et cetera). If designed to benefit persons of 1/M income,describe the process you will use to identify these persons and ensure that the activity meets this objective. (An t ■i certification form is included in the RFP Packet). The people who benefit are the 228 agency clients we provide mental health services to and who receive state aid. These clients are abused, neglected and suffer from mental illness and behavioral disorders.These individuals are identified as persons of low to moderate income by the benefits provided by the state. We also track every client thorough an internal billing system that works in conjunction with DCFS, DHS, Medicaid, Medicare and any private insurance. The other individuals that benefit are The Larkin Center employees who depend on their work environment to be safe.We employ 167 staff members of which 152 fall within the Low to Moderate Annual Income bracket.We also see an average of 689 visitors annually. 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 intended accomplishments for this project is to provide a safe working and community environment, safe access and departure for the many clients,visitors, community volunteers and business associates who utilize our facility and preserve the structure of this landmark building from further deterioration.This project builds on the restoration work started three years ago in partnership with the city and township to restore this historic building. We are not in the National record but this building is a City of Elgin Historic site. • City of Elgin CDBG Application FY 2012-2013 Application Page 23 5. ORGANIZATIONAL CAPACITY Please answer the following questions in the space provided. A. Provide an overview of your organization including length of time in existence. Attach a list of current officers and board members with terms. The Larkin Center was established in 1896. The original charter stated that the purpose was"to care for and to provide the wants of destitute,abused or neglected children under 14 years of age as a charity without pecuniary profit". The agency's first permanent building, constructed in 1912 in Elgin, housed 35 children and served as a home to thousands of youth through the mid-60's. Around this time, Larkin changed its treatment model and moved clients into homes throughout the Elgin area. The Larkin Center's mission "Teaching Skills — Changing Lives" nurtures and challenges individuals with special behavioral and emotional needs, so they may participate positively in family and society. The Larkin Center now is an accredited residential treatment center for approximately 105 state wards requiring intensive mental health services. The center also features an adult transitional facility with 41 clients, outpatient family counseling in Spanish and English with 357 participants and a state-of-the art special education school for 99 students' grades 1-12. The center's primary service area is the Fox Valley, but services 20 surrounding school districts and attracts clients from across northern Illinois and southern Wisconsin. 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. We worked in tandem with CDBG,Allen Pepa Architects and Shales McNutt Construction when we were awarded$94,750 in 07-08 to accomplish many necessary renovations.New flat roofs were installed along with the replacement of shed dormers,fascia,roof and soffits. The buildings exterior was painted along with the replacement of missing or rotted storm windows.A HVAC system was installed on the third floor.This project was facilitated internally by our Maintenance Director,Grant Facilitator,Purchasing Director and Executive Director.Construction on this project was started in 08/06/08 and completed on 9/24/08. We have also worked conjunctively with Community Contacts Inc.,Weatherization Program on several group home projects with the installations of windows,furnaces,insulation,new boilers, weather stripping,doors,air conditioning systems and hot water heaters.To date,four of the eight group homes have benefitted from this program.This fiscal year we will be working with Community Contacts and the City of Elgin on our College Group Home that is located in the Historic District. C. Identify the person{s) responsible for program and financial management of the activity. Identify all other persons involved in this activity noting whether these positions are current or new, pending this award. The Grant Facilitator, Maintenance Director, Executive Director and Chief Financial Officer will be managing all facets of this project.These positions are current and have been in place for many years. The years of experience these individuals bring to the project insures its success. 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.The partners involved will be the awarded contractors(who meet the Davis Bacon Wage Rate and Labor Standards)through the open bid process,Allen+Pepa Architects and internal staff responsible for the facilitation and completion of the project.Their roles and responsibilities will be to complete all necessary elements of the project to a high level of execution within CDBG funding cycle. E. Demonstrate that the proposed activity is economically feasible and can be implemented in a timely cost effective manner within the proposed program year. We are reliant on the possible funding we would be receiving for CDBG. We continue to secure other funding opportunities on a monthly basis and most likely be able to secure the necessary future funding needed. Upon receiving the funding the feasibility of the project being within budget and completed in a timely manner would be guaranteed. All parties involved with this project are experienced and have facilitated projects of this nature on numerous occasions. F. Oftentimes projects that receive an award of CDBG funding are actually awarded less than the amount originally requested. This requires the submission of a revised budget and a description of how it will carry out the proposed activity with reduced funding prior to the commitment of any funding. Please indicate here whether your proposed activity could be undertaken with a reduced commitment of funding and if so, please highlight how that would affect the scope of services you are proposing.We would work within what ever funding parameters we need to in order to get either project completed based on the priority of the need. We have long lasting relationships with many contracted vendors who are willing to work with us knowing our limited available funds. If limited funding was provided this would not affect the scope of services we provide. City of Elgin CDBG Application FY 2012-2013 Application Page 25 6. FINANCIAL The City encourages CDBG funds to be utilized as gap funding. A gap is defined as the amount of funding necessary to run a program after all other funding sources have been identified, thus leveraging is very important in the application process. ACTIVITY BUDGET Please answer the following questions in the space provided. You may reference and attach an additional page if necessary. A. Complete the Budget Summary chart. More detailed budgets may be attached (and are strongly recommended)in support of the proposal. B. Identify sources of leveraged funding for this activity. Include the status of these funds(i.e. cash on hand, grants received, planned fund-raising, etc.). Attach copies of funding commitment letters or other evidence of funding support. C. Leverage—Consideration will be given to the amount of non-CDBG funds committed to the oroiect. BUDGET SUMMARY Category Breakdown CDBG Leveraged Funds Source of Total Funds Leveraged Funds Personnel * 0 0 0 0 Contractual Services 0 0 84,575 Front Driveway 38,165 Roof 46,410 Rent&Utilities 0 0 0 0 Communications 0 0 0 0 Travel 0 0 0 0 Other Specify: 0 0 0 0 Architectural Fees 3,500.00 0 0 3,500 Total CDBG Request Total Other Funds 0 Grand Total $88,075 0 0 $88,075 *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—DOES NOT APPLY PER DENISE MOMODU This section provides back-up for each line item shown in the Budget Summary Chart. Please make certain this detailed breakdown is consistent with the Program Budget. Round up to the nearest hundred. Please note: A job description for each person must be provided. A Note about the Staff/Salary Breakdown: Please show all proposed staff positions funded with CDBG funds that relate to the proposed activity. If multiple staff members have the same position/title, list separately(For example: Counselor 1, Counselor 2). Use an additional sheet if necessary. You must submit lob descriptions with your application for each Position title identified below. Is this a Position current or Annual Annual Total x %Time Spent on = Total Position Title proposed Salary Fringe Annual this CDBG Cost Requested position? Benefits Salary Project/Program from CDBG example: Current $25,000 $5,000 $30,000 x 40% = $12,000 Case manager x = x = x = 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. ✓ 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) ✓ Articles of Incorporation ✓ Current List of Board of Directors ✓ Certified Organization Audit/Financial Statements of most recent year a. Copy of OMB A-133 Audit (Required if $300,000 in aggregate Federal funds expended),or b. Financial statements audited by a CPA(only if not qualified for A-133),or c. Profit and Loss Statement for most recently completed fiscal year and General Ledger printout(only first time applicants or those who do not meet above criteria may submit) ✓ IRS 501(c)(3) Designation Letter(Pending letters will not be accepted) ✓ Current Fiscal Year Agency Budget, including all funding sources ❑ Job Descriptions per budget detail.DOES NOT APPLY ✓ An Executed Statement of Applicant Form. ✓ An Executed Signature Authorization Form. ✓ Conflict of Interest Disclosure Form. I her that this pac t con.:ins all mate 'als required. Dennis L Graf, Executiv- Director • 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 may be made in connection with this application once the deadline for applications has passed. 3. That the City of Elgin may request or require changes in the information submitted, and may substitute its own figures, which it deems reasonable for any or all figures provided. That the applicant will participate in required interview for project assessment and cooperatively assist in the review process. 4. That, if the project(s) is recommended and approved by the Mayor and City Council,the City reserves the right to reduce and/or cancel the allocation if federal entitlements are cancelled,reduced,or rescinded. 5. The City of Elgin reserves the right not to fund any submittals received. 6. By submission of this application,the organization agrees to abide by the federal regulations applicable to this program. 7. That, if the project(s) is funded,the organization agrees to abide by the City's locally established policies and guidelines 8. That past program and financial performance will be considered in reviewing this application. 9. That services are to be provided at no cost to citizens during the grant period. All program income (i.e.: fees, repayments,foreclosures,etc.)must be remitted to the City. 10. That, if the project(s) is funded,the City or a designated agency may conduct an accounting system inspection to review internal controls, including procurement and uniform administrative procedures, prior to issuance of payments for projected expenditures. 11. That, if project(s)is funded,the City will perform an environmental review prior to the obligation of funds. 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. PENALTY FOR FALSE OR FRAUDULENT STATEMENT U.S. Code Title 18,Section 1001, provides that a fine of up to$10,000 or imprisonment for a period not to exceed five years,or both,shall be the penalty for willful misrepresentation and the making of false,fictitious statements,knowing same to be false. By signature below,the applicant acknowledges the above in its name on this 14th day of December,2011. The Larkin Center Name of Organization By: Dennis L Graf Executive Director City of Elgin CDBG Application FY 2012-2013 Application Page 30 C. SIGNATURE AUTHORIZATION FORM The Board of Directors of The Larkin Center does hereby resolve that on Wednesday, December 14, 2011,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. The Larkin Center 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 duly authorized representative of the organization, I certify that the organization is fully capable of fulfilling its obligation under this application as stated herein. I further certify that this application and the information contained herein are true,correct and complete. I also authorize the following person(s)to have signatory authority regarding this grant: Dennis L.Graf Executive Director Name Title Chris M.Wildman Chief Financial Officer Name Title President/Board of Directors 12/14/11 Date PENALTY FOR FALSE OR FRAUDULENT STATEMENT U.S. Code Title 18, Section 1001, provides that a fine of up to $10,000 or imprisonment for a period not to exceed five years, or both, shall be the penalty for willful misrepresentation and the making of false, fictitious statements, knowing same to be false. 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 certify that no conflict of interest exists between the City of Elgin and The Larkin Center. ❑ I certify that no conflict of interest exists between the subcontractors of and The Larkin Center. IF A POTENTIAL CONFLICT EXISTS,COMPLETE THE FOLLOWING: ❑ F 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. ignature of Authorized :envy Official Date I./ 12/14/11 Dennis L Graf, Executive el rector City of Elgin CDBG Application FY 2012-2013 Application Page 32 kid rr� ^ Ft ' lkh , Pt.partmeni WILLIAM ffINIV $EN, liS¢erztaiy o$ $tate. - To all to 1A.0/on) firse 'Preser* Tall on}e--greetiT)g: WILIIH 345,is OESTVELLIPS,duty signed and aoknowledgea;having beers feted in the office of the eoretaxy of State,ora ta ---day of ...-_. _..d. A. 183-1,—,for the organization of the ._;.- _. __._ under and in accordance with the provisions of"dX .ICT COXCH&YLNG CORPOR.4TIO.NS," approved 4pril 18,187 1,and in force July 1,187I',a copy of which certificate is hereto attached, Now,Therefore,I,WILLI.d hf H..H'INRICHSEX,Secretary of State of the State of Illinois, by virtue of the powers and duties vested in nie by law,do hereby certify that the said_.___-..._.__.._..._ a/6v ce tizteine;7 eirleyfitt...eirravintLzeanz is a legally organized Corporation under the Laws of this State. In Testimony'Whereof,I hereto set nay hand,and cause to be affixed the Great Seal of State. Done at the city o ringfield,this_..-._ o / day of __ ____ ___ _ira the year of our Cfera-10 Lord one thousand eig/at hundred and ninety-_.. � and of the Independence of the United States the one hun- dred (006) Secretary of State. ' tuft0 • . .2•.-4/ .--„\--1...„ State GI Illikois, . . .493 t . , . co •nt. 49 71,1.7N M442/4€14,4:414- ., . To 196131104kPeAReet1,Secretary of State: 9 cap- S. X fdeeire-t) ,the ...?=, /„.:1417.., - ._-_______ ......aa"... it., of_ & .gt„, _' _, .7___T&,:wz---;6 $, d'Ay/- Ae,...: -7--71----a:54-.-ff--:- _ -- - oitideeno of tom Waked Await_propose to'form.a 00#1K)ratiOnr natter tat not of the General astern,*of the State a*/144nots,en.!itied. ".21n. dot Coneerninff Corporations," approved gforit 18, 187.f:,and al4 acts amendatory!hereof;and for Me purposee of o coatzati.on we■ by state as folimes,to-wit: 1. flu;name of such CDTPOrettiora is_-___._ _ --. ....-•••• -----e-L-__/- ..... „- s-u*...pii.. ..... • 41,:taA°°'.•-'' 'ea. I•joh•it i 4 formed it----- ---„"---- d'- ".--- --.-- poi --„--- ' ' ' , ._,._,, _ ..- ,. ....,,i- ,047,,z,4_,, ,/ ._... ..L.„9,,,,,,,,,,._.;„..y ,,te" ,?-1..V --fet /*' ,..... _... x....' ... f. ":.....,(0,-- Z:Allr'',. - / /7" -: -. cZ. 4e ■6'',‘ ".-- , if ...,_ -.— 4- ,3 Tice management oyir aforesakb,e.4. ....... 4% ,...t..-....._...........1....-......thattbe - tea ini i Board - of-Al ..L.---.--*Caneet.aae*.ai4ljet are to be eeL„*. ,e.L..... -- - ....„.... ____ 4. The folimotni persons are hereby seleeted as the ' 4 to control, , manage said aorPora- / 1 , a_.. ” • 0-he ftryyear-of 04 earPorate ' .7 1 --7----i , -... ,-.---- di -7 19 / r„,„.,.... di . SI- ''''' Wd4-d(d1,47.4.14). ''LJ-7"11,1,<P91% -.-111-------'-- !....«.... ..........-.---/,...-.e. *------ -......-Z.--,.;- 21-,-.---.--.-..-- ' 74 S , / i 6. j loce,tion.is in.,. ..... ..., .........- ...".-/, -iiitt: -...in•tite 0010{-01/of---- ------- ----- II onatts of Igiatois. BXONXD: •4‘ailt Al Yi-Pj;fr("rn)-4// 41 s 4211:47 ' ill., 4 all ' C e' eA ..-,-..• ... .,p-,--,.... ..--r / s I / "IA___--,:i . *{.- __. c ?-2,_ - • . - to...._ ,_ ...• , 9 It\ it/be grl 46(e-leely 4: ,... \ V4 -0. .•''-G, , .4,..., ,1(.. , -.2.,.c.e4, I J- 41‘S--r- . ..-- STATE OFILLINOIS, 1 coway of_._____ ___..._..........Iss. Fctbk (.. /.7.0 • in and(r:thc County and State aforesaid,do hereby certify that on thie............._c_g_ig'____...t.....__....day -2-tJt, o 11 ir- .... a4.--e-z.- Ai aa-e‘/*_, _, • 9/ 'i/U a■ i-e-aL-z ■-_-_m 10.i- ..! -i (4( W4` („114*. • , or ,,,, to IIIC personal/known to be the 57.71449 persons who executed the foregoirie,: certificate,and severa.Lly aeknowled ffed that they had executed the same for the purposes therein set forth.. IN WITNESS WHEREOF,I have hereunto s• y hand '. d the day and year above written. w Xotary_Public. , . • . . -- . ' . . ,,... -..,.., ... . • . . 41.1.1•=0•••••■••••••••■•■11..••••••■■■••10,10011111110NININ.M■•........ •. 1 • . I .■ if 57 I...".. ....'.~,...,...,,,.......„,....i,. .t.0...,.., . i . ' S ligeZ4 .1. 400 :LO C at 142 n 1,1.4.'1, 1 . ■ , , ' • r • CERTIFICATE. In aNnot2..;" teoetztehlitirtlomarg141,te that all fees shall"be paid .. . 1 ■ ' Fee,$8.00. Blanka furnished on appllaation. / 35772 , . c .. ''...•r 1' . ... . . , .r--- . . , .,, ...t . \t. 1 C- I f 4,•;- 3 r ;Fp 9 f93B (1.,114—w :ad +e'® STATE OF ILLINOIS, C . • , ) County of Ktne_.:.._................_.... 1, i■!aa `d suro I hereby certify that at a Board ' tneetinn,of titi'tmembers of the Elgin Childress Rome Association' ;•; held on September 14 A.D.19 8 ,et 9 o'clock A M.,pursuant to the rules of said corporation,the following resolution was adopted,in accordance with the By-Laws of said corporation: Resolved—that the Articles or Incorporation or thin oorporatton be amended so as to change the name ofthis corporation. from Elgin Childress Haste Association to Larkin Home For Children. .'21^;r o7 ,�__ QEC:FrVF11 PAGE LING . 1180 SEP 22 '38 o4 O Secy t'ar S,aw - • SECRETARY STATE OF ILLINOIS, .ss County of —KaI16�.�..._..__ I ��l 1 .I 0` •v I-.J� - , ; tie being duly sworn,declare on oath that I am President of the c. .. tion mentio• in the foregoing certificate, and that the statements therein are true in substance and in fact. In witness whereof,I have hereunto set my hand and caused the seal of (` said Corpo tion to be affixed,this 1 1 4 _ . p • day o D.190 (Corporate Saa1 Here) + ' I tr, . Subscribed and swont`to•'1 Trent fig. j L ``.ay of _AL II e A.D.i • - •.. 3 it 5.- C� NOTARY PUBLIC Boz_ 9---- No. -- CERTIFICATE OA Ch ELGZ23 F"N 5 ILE-- p8SOCII TIODT to The. -+L—.–•U– • Fee fox Filis%$1.00 t • 1 . i FI.L E D . ° sEP221938 • it r.✓d ' r4=,;=, r 't h r File Number 0739-'!72-1 tI) 1'.' .1 r 4004 co, Try Mti• ARTICLES OF AMENDMENT TO THE ARTICLES OF INCORPORATION OF LARKIN HOME FOR CHILDREN INCORPORATED UNDER THE LAWS OF THE STATE OF ILLINOIS HAVE BEEN FILED IN THE OFFICE OF THE SECRETARY OF STATE AS PROVIDED BY THE GENERAL NOT FOR PROFIT CORPORATION ACT OF ILLINOIS, IN FORCE JANUARY 1, A.D. 1987. GAL rReleve, effo4a4 deaday adiee as/leak aodeiraci 4 z 0/19gecalea,2 loredadcorao9feeez. in iiirstintottRifillerg4 £, bet , , , , ,af06 dy,cjG, 7 t),79,1ed< 4 a 30TH _..j_. filay.,or OCTORER �p p 4:4iro,4,7u/te ,,an i 12TH vm SECRETARY OF TATE C-232 NFP-110.30 * 3°( 7W- 1 (Rev.Jan.. 19871 JIM EDGAR This Space For Use By Submit in Duplicate Secretary of State Secretary of State State of Illinois Dare tQ_36$R Remit payment in Check or Money Order. payable to Secretary of ARTICLES OF AMENDMENT Filing Fee 7-57^ State" under the DO NOT SEND CASH! GENERAL NOT FOR PROFIT CORPORATION ACT Cleric ,` Pursuant to the provisions of'The General Not For Profit Corporation Act of 1986",the undersigned cor- poration hereby adopts these Articles of Amendment to its Articles'of Incorporation. ARTICLE ONE The name of the corporation is Larkin x■mo Fnr Children. Inc. (Note 1) ARTICLE TWO The following amendment to the Articles of incorporation was adopted onb.pr11 14 19 87 in the manner indicated below('X"one box only.) ® By the affirmative vote of a majority of the directors in office,at a meeting of the board of directors,in accordance with Section 110.15. (Note 2) ❑ By written consent,signed by all the directors in office"in compliance with Sec- tions 110.15 and 108.45 of this Act. (Note 3) ❑ By the members at a meeting of members entitled to vote by the affirmative vote of the members having not less than the minimum number of votes necessary to adopt such amendment,as provided by this Act,the articles of incorporation orthe bylaws,in accordance with Section 110.20. (Note 4) ❑ By written consent signed by members entitled to vote having not less than the minimum number of votes necessary to adopt such amendment,as provided by this Act,the articles of incorporation,or the bylaws,in compliance with Sections 107.10 and 110.20 of this Act (Note 4) (INSERT RESOLUTION) Resolved that bhe legal name of this not for profit cor ation be changed to Larkin Center For Children and Adolescents. t (If space is insufficient,attach additional pages size 8%s x 11) The undersigned corporation has caused these articles to be signed by its duly authorized officers,each of whom affirm,under penalties of perjury,that the facts stated herein are true. Dated October 13 ,1 9 97 • '� a,/� attested b / i ii,I. „J. by Ado ir,l ,J�f�.��+t RKnatre M Secretory a/Assistant Saaaterdb (Sipnatwe d President or Wee President) Karen Menschine. Secretary Gordon Roth. President p .5.Print Noem and rdpd lure erPrint Name and ml.) NOTES AND INSTRUCTIONS NOTE 1: State the true exact corporate name as it appears on the records of the Office of the Secretary of State. BEFORE any amendments herein reported. NOTE 2: Directors may adopt amendments without member approval only when the corporation has no members,or no members entitled to vote. NOTE 3: ' Director approval may be(1)by vote at a director's meeting(either annual or special)at(2)by consent in writing,without a meeting. NOTE 4: All amendments not adopted under Sec.110.15 require(1)that the board of directors adopt a resolution setting forth the proposed amendment and(2)that the members approve the amendment Member approval may be(1)by vote at a members meeting neither annual or special)or(2)by consent,In writing,without a meeting. To be adopted,the amendment must receive the affirmative vote or consent of the holders of at least 2/3 of the outstanding members entitled to vote on the amendment(but if class voting applies,then also at least e 2/3 vote within each class is required). The articles of incorporation may supersede the 2/3 vote requirement by specifying any smaller or larger vote requirement not Less than a majority of the outstanding votes of such members entitled to vote and not less than a majority within each when class voting applies.(Sec. 110.201. NOTE 5: When a member approval is by written consent.all members must be given notice of the proposed amend- ment at least 5 days before the consent is signed.If the amendment is adopted,members who have not signed the consent must be promptly notified of the passage of the amendment(Sec_ 107.10&110.20) G4 (I I- I— t7 _ o . . m >+ e M U u on an m co si °z U. a c W o $ E tO cv ci 1 u+ o , ea a O �N „,°° •- i. « O O K AS F- a o a F o° a U - 5 2 O.Cn u. to OEM Q O N z c C m u. C Z LL W e- m ilie III K c--,--di w J a Q S O � O o • 0 U. V W t,.1 LL ON.@a d W _ t _ Co o !L z < CV = I' m lir ,• - ANNUAL REPORT FOR 19513 0739-772-1 GENERAL NOT FOR PROFIT CORPORATION ACT FILE NO. FILE PRIOR TO 06-01-93 sECRETART.OF STATE OFS.LNOIS ADD $3.00 PENALTY c -_ _ DO NOT WRITE IN THIS SPACE FOR LATE FILING FILING FEES Annual Report $5.00 xxxxxxxxxxxxxxxxXXXxxxXXXX ,An Pia 1.) 4 LARKIN CENTER FOR CHILDREN AND ADOLESCENTS (�(� �� g X JAMES R CZERIIIONKA 080890 v Lam/ 1212 LARKIN AVE Karen Beyer s�T- EL6IN, IL. 60123-6042 MAY 1 8 1993 — 2.) CHANGES ONLY: Registered Agent GE0,cGE H. t;YAN Registered Office "EC;r E T;R Y , City,County,IL Zip Code Or .S•ATE KANE The above change was duly authorized by resolution of the board.of directors. The address of the registered office and the address of the'office of the registered agent, as changed, will be identical. THE ADDRESS OF THE REGIS- TERED OFFICE MUST INCLUDE A STREET NUMBER.A P.O.BOX MAY ONLY BE USED IN ADDITION THERETO. 3.) The above corporation organized under the laws of the state of ILLINOIS ,pursuant to the provisions of 'The General Not for Profit Corporation Act' of the State of filnois, hereby makes the following report: 4.} The names and respective addresses of its officers and directors are: NAME OFFICE NUMBER 8 STREET CITY STATE ZIP Jack Rein President 790 Sprint/Bill Dr.. P1 gin, IL 60193 Rirhard Rahn II Secretary 574 N. McLean Elgin IL 60121 Pax Thm jng Treasurer 970 Meadow T.ann Elgin IT. 60191 Perry Madison Director 305 Park Elgin TI. 6019 Mary Van Sl,yck Director 10 Cromer Rd. Elgin TT. 60120 Dr. Roberta Nauman Director 39 w 733 Ri!chi and Av Elgin TL 60191 NOTE: list all directors above or list them on an additional sheet Illinois corporations must have three.directors. 5.) The following is a brief statement of the character of the affairs which the corporation is actually conducting: 6.) Is this corporation a Condominium Association as established under the Condominium Property Ad? Yen n Mn_.n 0,-*.a....,..___...._.,.. .._-.. Is this corporation aCooperative Housing Corporationdefined in Section 216 of the Internal Revenue Code of 1954? Yes El No EN (Check One) Is this a Homeowners Association which administers a common-interest community as defined in subsection(c) of Section 9-102 of the Code of Civil Procedure? Yes Q No ® (Check One) 7.) If a foreign corporation,the address of Its principal office in the state of its incorporation Is: (Number°'d Sara) (Bute or Country) (Please read reverse side of this report belch,sf Winn below) 6 113-1 I3 B. BY Acting Executive Directdr B.) Ueda the P.mb ca pater and se an oSaa.e Wow.I coat.a. (714 Xwel Via wawa)won*iota Soowei..lrw.warnaw.a.W.pr,. awe matt a1Gea,pursuant to wOYtNN W,•Outtt tat for Ppl Ca►.ten AO.has barn wiwnMrp by ea and is.to be but W., knp.Mapa and banal,Inn,comet,and aa,yMia. .18 ITEM 8 MUST BE SIGNED File Number 0739-777-1 *tats of 3ltinois Office of The ecretarp, of Mate ii)hereas, ARTICLES OF AMENDMENT TO THE ARTICLES OF INCORPORATION OF LARKIN CENTER FOR CHILDREN AND ADOLESCENTS INCORPORATED UNDER THE LAWS OF THE STATE OF ILLINOIS HAVE BEEN FILED IN TSB OFFICE OF THE SECRETARY OF STATE AS PROVIDED BY THE GENERAL NOT FOR PROFIT CORPORATION ACT OF ILLINOIS, IN FORCE JANUARY 1, A.D. 1987. Now Therefore, I, George H. Ryan, Secretary of State of the State of Illinois, by virtue of the powers vested in me by law, do hereby issue this certificate and attach hereto a copy of the Application of the aforesaid corporation. Bu testimongl i hereof, I hereto set my hand and cause to be affixed the Great Seal of the State of Illinois, at the City of Springfield, this 14TH �� day of -N:RUARY A.D. 19 95 and of • '. • sit the Independence of the United States the two �7. V.. hundred and 19TH "&% // `l1)G Secretary of State C-212.1 pAA') fE8 21 1995 NFP-110.30 Filet Yl) 0739- - (Re.,, n. 1987) GEORGE H.RYAN Secretary of State This Space For Use By �,�► Submit in D` a State of Illinois Secretary of State Remit payment in Check or Money Date L'1 y'TJ Order,payable to'Secretary of ARTICLES OF AMENDMENT State.' under Reg Fee GENERAL NOT FOR PROFIT CORPORATION ACT DO NOT SEND CASH! Approved Pursuant to the provisions of"The General Not For Profit Corporation Act of 1986,"the undersigned corporation hereby adopts these Articles of Amendment to its Articles of incorporation. ARTICLE ONE The name of the corporation is Larkin Center.for.Children and Adolescents 1/ (Note 1) ARTICLE TWO The following amendment to the Articles of Incorporation was adopted on.11> , 19 95 in the manner indicated below("X"one box only.) By the affirmative vote of a majority of the directors in office,at a meeting of the board of directors,in accordance with Section 110.15. (Note 2) ❑ By written consent.signed by all the directors in office,in compliancewith Sections 110.15 and 108.45 of this Act. (Note 3) ❑ By the members at a meeting of members entitled to vote by the affirmative vote of the members having not less than the minimum number of votes necessary to adopt such amendment,as provided by this Act,the articles of incorporation or the bylaws, in accordance with Section 110.20. (Note 4) ❑ By written consent signed by members entitled to vote having not less than the minimum number of votes necessary to adopt such amendment,as provided by this Act,the articles of incorporation,or the bylaws,in compliance with Sections 107.10 and 110.20 of this Act. (Note 4) (INSERT RESOLUTION) See attached (It space is insufficient,attach additional pages size 8 12 x 11) The undersigned corporation has caused these articles to be signed by its duly authorized officers, each of whom affirm,under penalties of perjury,that the facts stated herein are true_ Dated January 1: • 95 J.e-kin Center fir Children and Adolescents . ..8 ( tern d ,yL • attested by ..G'.. .X,',/".41/.01 d t by e-d /r�/ir+ar.La (Signature of Secretary or Assistant Secretary) (Signature of-,L •. or Vice• = • Adella Wells — Secretary . Mary A. an Slyck — President (Type or Print Name and Title) (Type or Print Name and me) NOTES AND INSTUCTIONS NOTE 1: State the tune exact corporate name as it appears on the records of the Office of the Secretary of State, BEFORE any amendments herein reported. NOTE 2: Directors may adopt amendments without member approval only when the corporation has no members,or no members entitled to vote. NOTE 3: Director approval may be(1)by vote at a director's meeting(either annual or special)or(2)consent,in writing.without a meeting_ NOTE 4: All amendments not adopted under Sec.110.15 require(1)that the board of directors adopt a resolution setting forth the proposed amendment and(2)that the members approve the amendment Member approval may be(1)by vote at a members meeting(either annual orspecial)or(2)by consent, in writing,without a meeting. To be adopted,the amendment must receive the affirmative vote or consent of the holders of at least 2/3 of the outstanding members entitled to vote on the amendment,(but if class voting applies,then also at least a 03 vote within each class is required). The articles of incorporation may supersede the 2/3 vote requirement by specifying any smaller or larger vote requirement not less than a majority of the outstanding votes of such members entitled to vote and not less than a majority within each when class voting applies.(Sec. 11020) NOTE 5: When a member approval is by written consent,all members must be given notice of the proposed amendment at least 5 days before the consent is signed.If the amendment is adopted,members who have not signed the consent must be promptly notified of the passage of-the amendment(Sec.107.10 & 11020) 0 b r 1— F N m T U iii O V V 8 CO cl n tL Q Q w to s to N O Z r- lit m O Z O z Q Q Co co r- Q m IL a LL m a y O .r. Z 'O 0= 01 N Il m to at C Z m O m 17 m M Cr) = ,J O. C ¢ .d- y O it o OQ ¢ W o w� mm0.c u. U W 0 m m 01 E�E $- r= Z U m us= w cZ,_ 'C a W ¢ w LL u O iz! co I- < 7 is m ° U� 0 Z 0, u- u'; R it . U RESOLUTION and Adolescents RESOLVED,that The Larkin C.A4er for ChildrenA Board of Directors shall adopt as proposed an Amendment to be filed with the Secretary of State of Illinois now changing the name from Larkin Uri trtfor Children and Adolescents to The Larkin Center. • The Secretary shall make part of the minute book a copy of said Articles of Amendment DATED: January 18, 144 esident `` 4 Secretary I, L-U.i‘certify that I am the Secretary for Larkin Center and that I have compared the foregoing with the Resolution adopted. Secretary 0 Li The Larkin Center 1212 Larkin Avenue r i 'Iyl { Elgin,IL 60123-6042 �— Teaching Skills-Changing Lives BOARD OF DIRECTORS LIST 2011 PRESIDENT June Wooten,Family Case Manager, Rev.Patricia Lindquist,Recovery Support Specialist, Kane County Health Department Elgin Mental Health Center 1207 Parkview Drive 1427 Todd Farm Drive#4 EIgin,IL 60123 Elgin,IL 60123 (847)345-8525-C 847-841-1436-H (847)695-8525-H 847-742-1040 ext.2302-0 (847)695-7720-F e-mail:patricia.lindquist @illinois.gov e-mail:DUCB1@aol.com la Term Expires 2012 3rd Term Expires 2013 John T.Matejcak,Attorney at Law 1'VICE PRESIDENT 244 Cassidy Lane Beth Kruger,PMP Elgin,Illinois 60124 1001 Meadow Lane Phone:(847)931-9315-0 Elgin,IL 60123-1429 Fax: (847)931-935-F (847)697-7163-H Email:john @matejcaklaw.com e-mail:bkrueerl @gmail.com 2"d Term Expires 2013 2°d Term Expires 2013 Tamara J.Nilsen,Community Volunteer TREASURER 7N925 Columbine West Road John J.Cullian,Jr.,P.E., Saint Charles,IL 60175 Litcon Group 630.762.3970-0/H 441 Oxford Lane 630.715.0737-C Crystal Lake,IL 60014 e-mail:tinilsen @comcast.net (815)477-7370-H 1a Term Expires 2013 (815)341-9428-C e-mail:jcullian@litcongroup.com Scott Reining,Market President, 2"d Term Expires 2013 THE National Bank P.O.Box 747 SECRETARY Elgin,IL 60121-0747 Myra Becker,Retired Educator (847)931-3651-0 1771 Country Knoll Lane (847)542-0233-C Elgin,IL 60123 (847)428-9086-H (847)741-2780-H (847)931-0003-F e-mail:mmmyrah @aol.com e-mail:scott.reining @thenb.com 5th Term Expires 2014 3"1 Term Expires 2014 BOARD MEMBERS Omar Santos,Engineer Danise Habun, Chair,Human Relations Commission, City of Elgin City of Elgin 355 Victoria Lane 150 Dexter Court Elgin,IL 60124 Elgin,IL 60120 (847)337-4401-C (847)754-8064-C e-mail:omar.santos@hotmail.com e-mail:dhabun @msn.com la Term Expires 2012 la Term Expires 2014 Robert L.Schrieber,Managing Director • Jack Hein Wells Fargo Advisors,LLC Thrivent 713 Jamestowne Rd 790 Springhill Ct. Sleepy Hollow,IL 60118 Elgin,IL 60120 (847)608-9790-0 (847)695-9685-0 e-mail:robert.schrieber @wellsfargoadvisors.com e-mail:jack.hein @thrivent.com 3`3 Term Expires 2014 8th Term Expires 2013 12/15/11 THE LARKIN CENTER FINANCIAL STATEMENTS AND SUPPLEMENTARY INFORMATION YEARS ENDED JUNE 30,2010 AND 2009 • CONTENTS Page Independent Auditors'Report 1 Financial Statements: Statements of Financial Position 2 Statements of Activities 3 Statement of Functional Expenses 4 Statements of Cash Flows 5 Notes to Financial Statements 6- 15 • E� ERIC j. FERNANDEZ &CO. CERTIFIED PUBLIC ACCOUNTANTS INDEPENDENT AUDITORS' REPORT Board of Directors The Larkin Center Elgin, Illinois We have audited the accompanying statements of financial position of The Larkin Center(a not- for-profit organization)as of June 30,2010 and 2009 and the related statements of activities, functional expenses and cash flows for the years then ended. These financial statements are the responsibility of the Center'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 and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States. Those standards require that we plan and perform the audits 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 fmancial 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 financial statements referred to above present fairly, in all material respects, the financial position of The Larkin Center as of June 30, 2010 and 2009,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. In accordance with Government Auditing Standards,we have also issued our report dated January 9,2011 on our consideration of The Larkin Center's internal control over financial reporting and our tests of its compliance with certain provisions of laws,regulations,contracts, and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and on compliance and the results of that testing,and not to provide an opinion on the internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be considered in assessing the results of our audits. tujc. 9 a West Dundee,Illinois January 9,2011 • 895 West Main Street•West Dundee, IL 60118 •Telephone 847/428-7400 •Fax 847/428-0307 420 N.Front Street,Suite 202 •McHenry, IL 60050 •Telephone 815/344-7720 •Fax 815/344-7773 www.ejfcpa.com THE LARKIN CENTER STATEMENTS 01?FINANCIAL POSI'1ION JUNE 30,2010 AND 2009 ASSETS 2010 2009 ASSETS: Cash $ 102,575 $ 185,065 Restricted cash 14,432 269,819 Investments 786,010 729,057 Accounts receivable,net of allowance for doubtful accounts of$6,522 in 2010 and$9,000 in 2009 788,941 1,130,650 Prepaid expenses and deposits 79,597 60,063 Land,buildings and equipment,net of accumulated depreciation of$3,398,043 in 2010 and$3,203,945 in 2009 1,907,939 2,089,185 Total assets $ 3,6 ' 4'4 $ 4,463,839 LIAIMIT ES AND NET ASSETS 2010 2009 I.TABILITIES: Loans payable $ 148,456 $ - Line of credit 854,500 1,250,000 Accounts payable 435,294 407,301 Accrued expenses 245,941 266,055 State agency advances 297,208 407,607 Long-term debt 1,435,663 1,544,993 Total liabilities 3,417,062 3,875,956 NET ASSETS: Unrestricted (157,054) 202,474 Temporarily iestricted 33,693 28,780 Permanently restricted 385,793 356,629 { Total net assets 262,432 587,883 S 3,679,494 8 4,463,839 The accompanying notes are an integral part of the financial statements. 2 '133L LAPJCIN CENTER STATEMENTS OF ACTIVITIES YEARS ENDED JUNE 30,2010 AND 2009 2010 Unrestricted Restricted Funds Funds Temporarily Permanently Total REVENUE AND SOFPORT: Contributions and donations $ 289,418 $ 46,752 $ - $ 336,170 Grants 507,167 - - 507,167 Fees 8,432,919 - - 8,432,919 Miscellaneous income 5,790 - - 5,790 Program income 138,465 - - 138,465 Net assets released from restrictions 41.839 (41.839) - - Total revenue and support 9,415,598 4,913 - 9,420,511 EXPENSES: Program services: Residential 3,288,201 - - 3,288,201 Education 2,225,666 - - 2,225,666 Transitional skills center 1,031,172 - - 1,031,172 Adult transitional living program 240,450 - - 240,450 Community programs 252,757 - - 252,757 Special six to twelve 1,255,378 - - 1,255,378 BUD 313,426 . - - 313A26 • Total program services 8,607,050 - - 8,607,050 Supporting services: Management and general 984,428 - - 984,428 Fundraising 217.450 - - 217,450 Total expenses 9.808,928 - - - 9..808,928 Changes in net assets before _ investment gain(loss) (393,330) 4,913 - (388,417) Investment gain(loss) • 33,802 - 29.164 62.966 Change in net assets (359_528) 4.913 29.164_ (325,451) Net assets,beginning of year 202.474 28,780 356.629 587.883 Net assets,end of year S (157.054) rS 33.693 $ 385,793_ ,S 242,432 • The accompanying notes are an integral part of the financial statements. 3 :0 • 2009 Unrestricted Restricted Funds Funds Temporarily Permanently Total REVENUE AND SUPPORT: ' Contributions and donations $ 268,720 $ 78,882 $ - $ 347,602 Grants 552,530 - - 552,530 Fees 9,331,461 - - 9,331,461 Miscellaneobs income 1,612 - - 1,612 Program income 131,515 - - 131,515 Gain on the sale of property 14,182 - - 14,182 Net assets released from restrictions 75,207 (75,207) - - Total revenue and support 10,375,227 3,675 - 10,378,902 EXPENSES: Program services: Residential . 3,379,291 - - 3,379,291 Education 2,477,394 - - • - 2,477,394 Transitional skills center 1,040,216 - - 1,040,216 Adult transitional living program 297,498 - - 297,498 Community programs 265,274 - - 265,274 Special six to twelve 1,208,774 - 1,208,774 HUD 325,383 325,383 • Total program services 8,993,830 - - 8,993,830 Supporting services: Management and general 1,021,192 - - 1,021,192 Fundraising 185.876 - - 185,876, Total expenses 10,200,898 - - 10.200,898 Changes.in net assets before investment gain(loss) 174,329 3,675 - 178,004 Investment gain(loss) (35.721) - (71,116) (106,837) Change in net assets 138,608 3,675 (71,116) - 71,167 Net assets,beginning of year 63.866 25.105 427,745 516,716 Net assets,end of year $ 202,474 5 28,780 ,_$__,15.64.629. .$ 587,E • THE LARKIN CENTER STATEMENT OF FUNCTIONAL EXPENSES • FOR THE YEAR ENDED JUNE 30,2010 • WITH COMPARATIVE TOTALS FOR THE YEAR ENDED JUNE 30,2009 PROGRAM SERVICES ADULT MANAGE- TRANSITIONAL TRANSITIONAL SPECIAL MENT TOTAL TOTAL LIVING SKILLS COMMUNITY SIX TO PROGRAM FUND AND EXPENSES EXPENSES RESIDENTIAL EDUCATION PROGRAM CENTER PROGRAMS TWELVE HUD TOTALS RAISING GENERAL 2010 2009 • Salaries and wages $ 2,345,995 $1,447,273 $ 120,219 $ 759,978 S 73,183 $ 910,325 $ 148,675 $ 5,805,648 $ 5I,514 S 663,739 $ 6,520,901 $ 6,734,689 Payroll taxes 194,732 122,478 9,763 63,427 6,047 76.893 10,896 484,236 4,I12 56,262 544,610 569,988 Fringe benefits 261,492 159,763 I3,995 82,664 5,800 85,171 19,220 628.105 5,715 76,016 709,836 785,554_ Total salaries and related expenses 2,802,219 1,729,514 143,977 906,069 85,030 1,072,389 178,791 6,917,989 61,341 796,017 7,775,347 8,090,231 Fees and contracts 21,014 39,944 7,126 8,426 147,849 5,356 1,083 230,798 350 62,714 293,862 311,554 Consumable supplies 86,600 59.167 5537 23,883 1,759 67,034 5,384 249,364 11,860 9,122 270,346 273,069 Occupancy 116,517 218,013 71,742 33,880 6,181 30,478 102,877 579,688 656 15,020 595,364 693,345 . Local transportation 84,021 3,793 1,982 16,832 789 20,839 8,035 136,291 48 323 136,662 141,236 Specific assistance 33,001 - 805 8,671 - 6,264 1,125 49,866 - - 49,866 45,689 Equipment rental 2,735 719 646 1,858 152 1,329 1,831 9,270 9,816 17 19,103 19,297 Communications 21,501 6,887 1,590 2,370 132 13,548 824 46,852 2,260 18,526 67,638 68,989 Employee development 6,960 1,031 201 1,656 40 .1,388 517 11,793 - 32,220 44,013 39,805 Public relations • 461 110 8 50 3 290 2 924 3,496 10,109 14,529 10,686 In-kind expenses - - - - - - - - 115,799 330 116,129 91,882 Miscellaneous 69,881 54,570 6,305 24,070 10,682 515,595 6,739 197,842 11,083 23,045 231,970 211,706 Total expenses before depreciation 3,244,910 2,113,748 239,919 1,027,765 252,617 1,244,510 307,208 8,430,677 216,709 967,443 9,614,829 9,997,489 Depreciation 43,291 11I,918 531 3,407 140 10,868 6,218 176,373 741 16,985 194,099 203,409 Total expenses before management and general allocation 3,288,201 2,225,666 240,450 1,031,172 252,757 1,255,378 313,426 8,607,050 217,450 984,428 9,808,928 10,200,898 Management and general allocation 270,045 587,453 24,925 39,343 2,472 147.937 14,125 1,086,300 (101,872) (984,428) - -• Total expenses $ 3.558.24k $2.813.119 3 265,375 3 1.070.515 5 255.229 8 1.4033I 8 1.40331A 5 327.551 $9.69335Q 5 115,570 - 59.808.928 5 10.200.898 The accompanying notes are an integral part of the financial statements. 4 THE LAARKI CENTER J.:R STATEMENTS OF CASH FLOWS YEARS ENDED JUNE 30,2010 AND 2009 2010 2009 CASH FLOWS FROM OPERATING ACtIIVTnIES: Change in net assets $ (325,451) $ 71,167 Adjustments to reconcile change in net assets to net cash provided by(used in)operating activities: Depreciation 194,099 203,409 Unrealized loss on investments 33,530 I I3,071 (Gain)on disposal of property - (14,182) Decrease(increase)in operating assets: Receivables 341,708 (115,448) Prepaid expenses (19,534) 61,683 Increase(decrease)in operating liabilities: Accounts payable 27,993 (290,815) Accrued expenses (20,114) (10.971) Total adjustments 557,682 (53,253) Net cash provided by operating activities 232,231 17,914 CASH FLOWS FROM INVESTING ACTIVITIES: Proceeds on investment sales - 157,691 Proceeds from sale of property - 24,000 Purchases of property and equipment (12,852) (210,907) Purchases of investments (90.483) (81.828) Net cash(used in)investing activities (103,3351 (111,0441 CASH FLOWS FROM FINANCING ACTIVITIES: Advances from state agencies (110,399) 119,955 Net borrowings(payments)on line of credit (247,044) 225,000 Payments on long-term debt (109,330) (264,266) Proceeds from long-term debt • - _ 77.882 Net cash provided by(used in)financing activities (466.773) 158,571 Net increase(decrease)in cash (337,877) 65,441 Cash at beginning of year 454,884 389,443 Cash at end of year $ 17,007 $ 454.884 • Supplemental information: Interest paid $ 219,414_ $ 189.829 The accompanying notes are an integral part of the financial statements. 5 • THE LA.ItKTN CENTER NOTES TO FINANCIAL STATEMENTS 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES This summary of significant accounting policies of The Larkin Center is presented to assist in understanding the Center's financial statements. The financial statements and notes are representations of the Center's management,which is responsible for their integrity and objectivity. NATURE OF ACTIVITIES The Larkin Center(the Center)is an Illinois not-for-profit corporation,which provides residential care and education programs for its clients primarily in the Chicago metropolitan area. ACCOUNTING METHOD The Center reports information regarding its financial position and activities on the accrual basis of accounting in accordance with accounting principles generally accepted in the United States of America. FUNCTIONAL ALLOCATION OF EXPENSES The costs of providing the various programs and other activities have been summarized on a functional basis in the statement of activities. Accordingly,certain costs have been allocated among the supporting services benefited. The statement of functional expenses includes certain prior-year summarized comparative information in total but not by function. Such information does not include sufficient detail to constitute a presentation in conformity with generally accepted accounting principles. Accordingly,such information should be read in conjunction with the Center's financial statements for the year ended June 30,2009,from which the summarized information was derived. USE OF 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 the reported amounts of revenues and expenses during the reporting period. Actual results could differ from those estimates. • 6 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) ACCOUNTS RECEIVABLE The Center carries its accounts receivable at the outstanding principal balance adjusted for the allowance for doubtful accounts. The allowance for doubtful accounts is estimated based on the Center's historical bad debt experience,the aging of the receivables and on management's judgment Accounts deemed uncollectible are charged to the allowance for doubtful accounts. Any finance charges earned on open accounts receivable are recognized when received. The allowance at June 30,2010 and 2009 was$6,522 and$9,000, respectively. LAND,BUILDINGS AND EQUIPMENT Land,buildings and equipment have been recorded at cost if purchased,or market value at time of donation if received as a gift. Depreciation of buildings and equipment is provided over the estimated useful lives of the respective assets on a straight-line basis. The useful lives of buildings and equipment for purposes of computing depreciation are as follows: Buildings and improvements 5-35 years Equipment 3—10 years • Vehicles 5 years Software . 3--5 years .. • Leasehold improvements 10 years Additions and betterments of$500 or more are capitalized while repairs and maintenance that do not improve or extend the useful lives of the respective assets are expensed. INVESTMENTS Investments are measured at fair value,determined by quoted market price,in the statement of financial position. Investment income or loss('including gains and losses on investments,interest and dividends)is included in the statement of activities as increases or decreases in unrestricted net assets unless the income or loss is restricted by donor or law. SUPPORT AND EXPENSES Contributions received and unconditional promises to give are measured at their fair values and are reported as an increase in net assets. The Center 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 restricted as support for the future periods. When a donor restriction expires,that is,when a stipulated time restriction ends or the 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 periods are • reported as unrestricted support 7 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) SUPPORT AND EXPENSES(continued) The Center reports gifts of goods and equipment as unrestricted support unless explicit donor stipulation specifies how the donated assets must be used. Gifts of long-Ived 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 Iong-lived assets are reported as restricted support. Absent explicit donor stipulations about how long those long-lived assets must be maintained,the Center 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 the Center's program services and fundraising 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. The Center also receives free rent at the Larkin School. No determination of the value of this donated facility has been made. 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. CONCENTRATION OF CREDIT RISK The Center maintains its cash and cash equivalents in a.local financial institution in Illinois. The Federal Deposit Insurance Corporation(FDIC)insures the balances up to$250,000 during 2010 and 2009. The balances at times may exceed the federally insured limits. The Center believes it is not exposed to significant credit risks on these accounts. There were no uninsured balances at June 30,2010 and 2009. RESTRICTED CASH Restricted cash consisted of the following as of June 30,2010 and 2009. 2010 2009 Workers compensation claims $ - $ 252,869 LAN program 14,432 16,950 $ 14,432 $ 269.819 The Center was self insured for workmen's'compensation claims and was required to hold cash in a reserve to pay additional workmen's compensation claims. During the year ended June 30, 2010 the Center purchased a workmen's compensation policy from a third party and the reserve was terminated. The restricted cash for the LAN program represents cash that the Center holds as an agent on behalf of the LAN program. • 8 2. ACCOUNTS RECEIVABLE Accounts receivable consisted of the following at June 30,2010 and 2009: 2010 2009 Due from State of Illinois agencies $ 590,720 $ 760,279 • Due from Illinois school districts 168,092 337,690 Other 36,651 41,681 Allowance for doubtful accounts (6,522) (9,000) 788,941 kl_12(1,650 3. LAND,BUILDINGS AND EQUIPMENT Land,buildings and equipment consisted of the following at June 30,2010 and 2009: 2010 2009 Land $ 86,100 $ 86,100 Buildings 2,288,679 2,287,717 Equipment 749,120 736,385 Vehicles- 134,477 . 134,373 . Software 65,624 65,624 Leasehold improvements 1,981,982 1,982,931 5,305,982 5,293,130 Less:accumulated depreciation (3 398,043) (3,203,945) IL,922,212 $2,089,185 4. INVESTMENTS Investments consisted of the following at June 30,2010 and 2009: 2010 2009 Money market accounts $ 164,719 $ 155,257 U.S. Treasury and government bonds - 25,627 Corporate bonds 217,173 . 60,790 Equity securities and mutual funds 398,616 482,161 Cash surrender value of life insurance policy 5,502 5,222 $ 786,0111 $ 729,057 FASB ASC 820,formerly Statement No. 157,Fair Value Measurements, establishes a • framework for measuring fair value. That framework provides a fair value hierarchy that prioritizes the inputs to valuation techniques used to measure fair value. The hierarchy gives the highest priority to unadjusted quoted prices in active markets for identical • 9 • • 4. INVESTMENTS (continued) assets or liabilities(level 1 measurements)and the lowest priority to unobservable inputs (level 3 measurements). The three levels of the fair value hierarchy under FASB ASC 820 are described as follows: Level 1 Inputs to the valuation methodology are unadjusted quoted prices for identical assets or liabilities in active markets that the Center 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 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. Money Market Accounts: Based upon actual cash balance at year end. U.S. Treasury, Government and Corporate Bonds: Valued at closing prices reported in the active market in which the bond is traded. Equity Securities and Mutual Funds: Valued at the closing price reported on the active market on which the individual securities are traded. Cash surrender value of life insurance policy:Based upon cash surrender value at year end. The preceding methods described may produce a fair value calculation that may not be indicative of net realizable value or reflective of future fair values. Furthermore, although the Center 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. 10 I r" 4. INVESTMENTS (continued) Fair Value at June 30,2010.as follows: Quoted Prices Significant in Active Other Significant Markets for Observable Unobservable Identical Assets Inputs Inputs Description 6/30/2010 (Level 1) (Level 2) (Level 3) Money market accounts $ 164,719 $ 164,719 $ - $ - U.S. Treasury and government bonds - - - - Corporate bonds 217,173 217,173 - - Equity securities and mutual funds 398,616 398,616 - - • Cash surrender value of life insurance policy 5,502 5,502 - �_ 786 1 . 1 $ 786,010. , - - i Fair Value at June 30,2009,as follows: Quoted Prices Significant in Active Other Significant Markets for Observable Unobservable Identical Assets Inputs Inputs Description 6/30/2009 (Level 1) (Level 2) (Level 3) Money market accounts $ 155,257 $ 155,257 $ - $ - U.S.Treasury and 25,627 25,627 - - government bonds • Corporate bonds 60,790 60,790 - - Equity securities and 482,161 482,161 - - mutual funds Cash surrender value of life insurance policy 5,222 5,222 - - 729,07 729.057 $ - $ - 11 5. LONG TERM DEBT Long term debt consisted of the following at June 30,2010 and 2009: 2010 2009 Note payable,matures in December of 2011,payable in monthly installments of$12,752,including interest at 7.45%,collateralized by four mortgages on properties located on Koshare Trail, Shady Oaks Drive,Dartmouth Drive,and Larkin Avenue. $1,387,793 1,482,330 Note payable,matures in July of 2013,payable in monthly installments of$338,bearing no interest, collateralized by a vehicle. 12,180 16,240 Note payable,matures in July of 2013,payable in monthly installments of$335,bearing no interest, collateralized by a vehicle. • 12,073 16,099 Note payable matures in August of 2013,payable in monthly installments of$294, bearing interest at 3.9%,collattrali7ed by a vehicle. • 9,982 13,053 Note payable,matures in April of 2014,in monthly installments of$303,bearing no interest, . collateralized by a vehicle. 13.635 17,271 • 1,435,663 1,544,993 Less current portion (62,716) (62,539) $1,372,947 $1,482,451 Principal payments on long-term debt to maturity are as follows: Year ending June 30, • 2011 $ 62,716 2012 1,355,033 • 2013 15,187 2014 2,727 $1,435,663 Interest expense on a long-tern debt and the line of credit totaled$219,414 and$189,829 for the years ended June 3 0,2010 and 2009,respectively. 12 6. LINE OF CREDIT The Center maintains a$900,000 line of credit with a bank. The note is collateralized by accounts receivable,equipment and vehicles,and expires in April of 2011. Interest on any outstanding balance is due monthly at the prime rate plus 2%with a minimum rate of 7%. The interest rate was 7%at June 30,2010. The balance outstanding on the line of credit was$854,500 and$1,100,000 at June 30,2010 and 2009,respectively. On April 29,2009,the Center obtained a second line of credit for$150,000 with a bank. The note expired on August 20,2009 and was not renewed. 7. LOANS PAYABLE The Center has two short term notes payable to related parties of$100,000 and$48,456 at June 30,2010. The notes are unsecured,payable on demand and bear interest of 3.5%and 0%,respectively. 8. CONTRACT FRRS/STATE AGENCY ADVANCES The Center has contracts to provide services with the Illinois Department of Children and Family Services(DCFS)and the Illinois Department of Human Services(DHS). A significant portion of fee revenue is provided under these contracts. These contracts can be terminated within 30 days by either party. In addition,The Center contracts with- - • - approximately 21 school districts to provide special education for students within those • districts. A summary of fee revenue by source for the year ended June 30, 2010 and 2009 area as follows: 2010 2009 • DCFS—residential care $4,058,806 $4,817,722 Illinois school districts—day treatment 2,190,112 2,654,867 DHS—residential care 1,095,990 1,366,391 Other 1,088,011 492,481 $8,432,919 Wal.,461 The contracts stipulate that DCFS is entitled to any excess of revenues over allowable expenses. In prior years,The Center has hart excess revenues which have not been required to be returned to DCFS. These amounts have been recorded as advances as of June 30, 2010 and 2009 as follows: 2010 2009 Prior years' excess revenues $ (70,123) $ 33,952 Unapplied Medicaid advances 367,331 373,655 $ 297.208 $ 407,607 13 9. OPERATING LEASES The Center leases buildin.s,equipment,vehicles,and apartments for certain programs under various operating leases which terminate at various dates through 2013. The Center is responsible for repairs and maintenance and adequate insurance on the vehicles. The Center is also responsible for certain utilities pertaining to the apartments. Rent expense included in operations under these lease agreements totaled$199,282 and $284,572 for the years ended June 30,2010 and 2009,respectively. The aggregate future minimum lease commitments on these leases are as follows: Year ending June 30, 2011 $ 257,949 2012 94,576 2013 27,739 $ 380„_64, 10. TAX STATUS -- The Center is exempt from income taxes under Section 501 (c)(3)of the Internal Revenue - Code. During 2009 the Center adopted the implementation of FASB ASC 740(formerly FIN 48),"Accounting for Uncertainty in Income Taxes'.'. Under FASB ASC 740, management must evaluate the tax positions it has taken on tax returns. Management has determined that there are no tax positions that would result in a more likely than not(50% chance)of not being sustained under a potential audit or examination. 11. CONTINGENCIES The Center receives grants from several state and local governmental agencies. The disbursement of grant funds requires compliance with terms and conditions specified in the grant agreements and are subject to audit by the grantor agencies. Any disallowed claims resulting from such audits could become a liability to the Center. However, management believes that any such disallowed claims would not have a material effect on the financial statements or the overall financial position of the Center. 12. TEMPORARILY RESTRICTED NET ASSETS Temporarily restricted net assets of$33,693 at June 30,2010 and$28,780 at June 30,2009 consisted of donations restricted for specific uses that had not been spent as of the end of the fiscal year, 14 13. RETIREMENT PLAN The Center maintains a defined contribution 403(b)plan which is available to all employees who have completed one year of service of 1,000 hours or more. During 2010 and 2009,The Center matched 100%of the employee's contributions on the employees' first one percent of salary. Contributions to the plan are funded on a current basis. The Center's contributions to the plan for the year ended June 30,2010 and 2009 were$24,047 and$26,591,respectively. 14. PERMANENTLY RESTRICTED NET ASSETS Permanently restricted net assets of$385,793 and$356,629 at June 30,2010 and 2009, respectively,represent a gift trust restricted to investments in perpetuity. The trustee decides the amount of the money to distribute to the Center annually. The income distributed from the trust is unrestricted and is recorded as investment income in unrestricted net assets. The undistributed income is recorded as investment income in restricted net assets. 15. RECLASSIFICATIONS Certain amounts from the prior year financial statements have been classified to conform to the current year presentation. . 16. SUBSEQUENT EVENTS The financial statements were available to be issued on January 9,2010,with subsequent events being evaluated through that date. 17. PENDING LITIGATION The Center is a defendant in a pending lawsuit involving a breach of contract for failure to pay for insurance coverage and for worker's compensation claims. The Center is vigorously defending the case and the amount of the possible loss to the Center ranges from $0 to$100,000. Since it is not possible to determine the outcome,no amount has been - accrued in the financial statements for the loss. According to the Center's attorney,any loss from this litigation would not materially affect the operations of the Center. i 15 THE LARKIN CENTER TOTAL AGENCY FINANCIAL STATEMENT JULY 2011 THRU OCTOBER 2011 -UNRESTRICTED-- 41 MISC OPERATING INCOME 80 42 OPERATING FEES 2,490,581 43 PROGRAM INCOME 37,748 44 OPERATING GRANTS 169,512 45 DONATIONS 15,611 47 EVENTS INCOME 2,458 49 OTHER INCOME 128 Total Revenue 2,716,118 50 SALARIES&WAGES 1,969,143 51 PAYROLL TAXES 157,941 52 BENEFITS 186,874 60 FEES&CONTRACTS 60,639 63 SUPPLIES 93,606 70 OCCUPANCY EXPENSE 194,368 71 TRANSPORTATION &TRAVEL 53,718 75 DEPRECIATION 63,283 80 SPECIFIC ASSISTANCE 17,046 83 EQUIPMENT USAGE 5,623 85 COMMUNICATIONS 16,321 90 EMPLOYEE DEVELOPMENT 15,425 92 PUBLIC RELATIONS 560 95 FUND RAISING EXPENSE 614 96 OTHER EXPENSE 44,769 Total Expenditure 2,879,931 Excess Revenue over(under) Expenditures (163,813) Beginning Net Assets 296,198 Ending Net Assets 132,385 THE LARKIN CENTER MONTHLY GENERAL LEDGER BALANCES JULY 2011 THRU OCTOBER 2011 Run date:12/08/2011 Larkin Ce nter Bus date:10/31/2011 ACTUAL REV&EXP BY MO 1 TOTAL AGENCY GLREDD Account Description 7/31/2011 8/31/2011 9/30/2011 10/31/2011 TOTALS 4110 SOCIAL SECURITY INCO 0 30 0 0 30 4120 LUNCH PROGRAM 0 0 0 50 50 4210 FEES-DCFS 311,471 351,960 328,795 378,130 1,370,355 4213 FEES DCFS!CG TLP 24,559 57,305 39,612 40,932 162,409 4219 School Wrap/Intensiv 0 0 0 5,489 5,489 4220 FEES-HB2671 126,348 62,612 198,895 184,648 572,503 4230 FEES-DMH RESIDENTIAL 46,892 50,289 42,614 41,761 181,556 4240 DMH MEDICAID 20,000 20,000 20,000 20,000 80,000 4241 DMH NON-MEDICAID 4,384 4,384 4,384 3,337 16,488 4251 FEES-HFS 0 360 0 515 876 4282 COUNSELING FEES 340 0 1,105 695 2,140 4284 PRIVATE INSURANCE FE 473 41 707 889 2,110 4290 FEES-OTHER RESIDENTI 20,616 17,454 32,963 25,622 96,656 4310 FEDERAL CHILD NUTRIT 4,792 4,751 4,464 4,797 18,803 4320 STATE CHILD NUTRITIO 210 654 190 205 1,258 4367 REIMBURSEMENT INCOME 2,823 8,344 6,519 0 17,687 4410 DMH GRANT INCOME 9,569 9,569 9,569 19,028 47,736 4430 U46 GRANT 0 0 3,086 3,086 6,172 4435 HUD GRANT 24,606 24,549 37,080 23,168 109,403 4440 DORS-STEP INCOME 1,550 1,550 1,550 1,550 6,201 4505 G.F.BERNARD TRUST 245 467 267 768 1,747 4507 CAROL KNIZEK FUND 0 0 1 0 1 4510 INDIVIDUAL DONATION 0 500 0 100 600 4511 EMERGENCY FUND 0 0 0 3,450 3,450 4512 CONTRIBUTIONS-CORP& 0 75 3,904 11 3,991 4514 CONTRIBUTIONS-FOUNDT 0 0 0 5,000 5,000 4516 CONTRIBUTIONS-ORGANI 0 300 0 0 300 4517 CONTRIBUTIONS-GIVING 0 0 0 300 300 4520 UNITED WAY-ELGIN GRA 0 0 0 223 223 4750 FOX FIRE FEST 0 290 118 132 540 4758 EVENT INCOME 0 0 200 0 200 4790 MISC.FUNDRAISERS 21 1,633 32 32 1,718 4791 GIFT CERTIFICATE INC 0 0 0 0 0 4942 SALE OF PROPERTY 0 0 0 0 0 4998 MISCELLANEOUS INCOME 58 20 30 20 128 Y Total Revenue 598,956 617,138 736,084 763,939 2,716,118 2,716,118 5020 ADMINISTRATIVE SALAR 44,299 44,299 44,374 43,848 176,821 5030 PROFESSIONAL SALARIE 66,820 69,724 68,301 70,046 274,891 5035 INFORMATION SYSTEMS 4,780 4,772 4,826 4,751 19,128 5040 CLERICAL SALARIES 7,924 8,882 7,995 7,811 32,611 5050 COOKS SALARIES 4,239 4,270 5,469 5,396 19,373 5060 MAINTENANCE SALARIES 10,814 11,956 10,334 10,584 43,689 5070 PRINCIPALS SALARIES 5,417 5,417 5,426 5,362 21,621 5071 TEACHERS SALARIES 64,917 45,559 37,429 40,648 188,553 5072 TEACHER AIDE SALARIE 5,321 4,957 18,523 16,935 45,736 5074 CRISIS WORKERS SALAR 7,216 5,826 5,857 5,904 24,804 5075 JOB COACH SALARIES 4,867 4,012 3,921 3,948 16,747 5079 THERAPISTS SAL-SCHOO 11,304 6,392 8,064 7,813 33,573 5080 THERAPISTS SAL-REGUL 19,919 21,168 19,394 18,772 79,253 5081 CASE MANAGERS SALARI 5,266 5,266 5,275 5,213 21,021 5082 COUNSELORS SALARIES 9,337 9,337 7,826 7,633 34,133 5085 CRISIS THERAPISTS SA 9,833 10,056 9,259 11,136 40,285 5087 CONSUMER ADVOCATES 257 80 208 118 663 5088 NURSES SALARIES 11,678 11,571 11,601 12,373 47,223 5090 CHILD CARE WORKERS S 173,306 152,653 159,854 160,504 646,317 5091 CHILD CARE SUPERVISO 43,003 48,639 45,862 46,952 184,457 5093 TRANSITIONAL SPECIAL 4,57i 4,571 4,579 4,525 18,246 5110 EMPLOYER FICA 20,850 35,171 51,523 34,303 141,847 5120 STATE U.C.TAX 1,000 1,000 1,000 13,094 16,094 5210 EMPL HEALTH INS 17,951 27,358 22,952 37,808 106,070 5230 LT DISAB BENEFIT 1,137 1,110 1,161 1,134 4,541 5240 WORKERS COMP 15,209 14,243 21,798 14,140 65,391 5250 EMPLOYER RETIREMENT 1,070 1,943 2,856 2,008 7,877 5252 FLEXIBLE SPENDING FE 105 120 115 115 455 5289 SPECIFIC EMPLOYEE BE 130 195 0 2,096 2,421 5299 OTHER EMPLOYEE BENEF 0 0 0 119 119 6060 PROGRAM CONSULTANTS 6,269 5,248 7,756 7,366 26,638 6070 OTHER CONSULTANTS 4,065 2,770 3,270 2,816 12,921 6071 LEGAL EXPENSE 1,200 900 7,000 11,996 21,096 6080 WORK STUDY 0 0 21 (36) (15) 6311 OFFICE SUPPLIES 1,264 1,327 3,113 372 6,075 6312 MEDICINE&DRUGS 0 0 835 0 835 6315 PHYSICAL EXAMS 555 720 0 1,290 2,565 6316 COMPUTER SUPPLIES 0 486 0 0 486 6319 ACTIVITY EXPENSE 1,764 4,049 1,448 1,227 8,488 6320 RECREATION SUPPLIES 146 89 188 263 686 6321 EDUCATIONAL EXPENSES 4 0 0 39 43 6322 EDUCATIONAL SUPPLIES 256 921 2,716 237 4,131 6323 TEXTBOOKS 1,430 527 0 0 1,957 6326 BEHAVIOR MOD 158 314 185 510 1,167 6327 CLASSROOM SUPPLIES 27 0 0 0 27 6330 FOOD&BEVERAGE 12,825 14,617 13,242 14,271 54,955 6340 HOUSEWARES 651 1,936 1,829 861 5,277 6341 HOUSEKEEPING SUPPLIE 1,265 1,206 765 1,469 4,706 6342 PERSONAL CARE SUPPLI 249 363 135 348 1,096 6350 ARTS&CRAFTS SUPPLI 0 0 294 0 294 6351 PSYCHOLOGICAL TESTIN 0 0 819 0 819 7010 PROPERTY&LIABILITY 7,730 7,730 7,730 7,730 30,919 7020 UTILITIES-GAS 1,247 1,042 2,365 3,997 8,650 7021 UTILITIES-ELECTRIC 11,064 10,941 7,917 7,842 37,764 7022 UTILITIES-SEWER&WA 1,837 836 2,061 1,310 6,045 7024 UTILITIES-REFUSE 784 886 1,879 825 4,373 7025 UTILITIES-CABLE TV 896 864 816 816 3,393 7030 TLP HOUSING EXPENSE 9,044 9,084 9,084 8,125 35,335 7040 RENT 1,705 1,705 1,705 1,723 6,837 7045 STORAGE RENTAL 84 84 0 168 336 7050 JANITOR SERVICE 2,800 2,800 2,800 2,800 11,200 7051 MAINTENANCE SUPPLIES 1,141 2,988 1,533 1,792 7,455 7052 EQUIPMENT MAINTENANC 8,152 7,479 3,806 4,655 24,092 7053 MAINTENANCE SERVICES 3,614 5,043 5,515 3,796 17,968 7111 VEHICLE FUEL 3,397 4,830 3,900 3,383 15,511 7112 VEHICLE MAINTENANCE 1,850 4,054 501 1,438 7,843 7120 CLIENT TRANSPORTATIO 273 527 1,038 61 1,899 7124 TRAVEL-FOOD&LODGIN 0 0 0 22 22 7125 STAFF MILEAGE 344 847 464 478 2,133 7126 OTHER TRAVEL EXPENSE 228 255 113 138 734 7130 AUTO LEASES 5,837 7,796 5,765 6,178 25,576 7520 DEPRECIATION-BUILDIN 1,759 1,759 1,663 1,663 6,843 7522 DEPRECIATION-SCHOO 2,658 2,658 2,614 2,614 10,543 7525 DEPRECIATION-LEASEHO 8,183 8,183 8,150 8,150 32,666 7530 DEPRECIATION-EQUIPME 1,075 1,075 917 917 3,983 7535 DEPRECIATION-SOFTWAR 1,155 1,155 983 983 4,276 7540 DEPRECIATION-VEHICLE 1,243 1,243 1,243 1,243 4,973 8060 CLOTHING 485 2,998 961 686 5,130 6070 ALLOWANCES 2,054 1,662 1,851 1,361 6,927 8075 OTHER SPECIFIC ASSIS 150 1,260 3,099 482 4,990 8320 OFFICE EQUIPMENT 522 0 431 0 952 8330 BLDG EQUIPMENT/FURNI 2,635 0 2,035 0 4,670 8510 TELEPHONE 3,685 3,909 3,669 3,626 14,889 8512 POSTAGE 21 688 0 723 1,432 9080 CONFERENCES&MEETIN 28 16 582 129 754 9082 BOARD DEVELOPMENT 0 0 0 0 0 9085 TRAINING&DEVELOPME 309 401 1,160 629 2,499 9087 CONTRACT 500 607 806 20 1,605 3,038 9090 SUBSCRIPTIONS&MATE 0 133 0 330 463 9095 DUES 5,113 100 400 3,058 8,671 9230 ADVERTISING 0 25 0 535 560 9511 RAFFLE EXPENSE 0 0 0 500 500 9512 COMMUNITY EVENTS 0 0 0 75 75 9535 GIVING TREE 0 0 0 0 0 9550 100TH ANNIVERSARY-FR 39 0 0 0 39 9605 MISC SUPPORT EXPENSE 0 0 0 0 0 9612 COMMUNITY EVENTS 0 0 0 50 50 9680 INTEREST EXPENSE 7,390 12,373 12,472 12,485 44,719 9685 VENDOR DISCOUNTS 0 0 0 0 0 Total Expenditure 705,804 706,252 730,637 737,238 2,879,931 2,879,931 Rev over(under)Exp (106,849) (89,114) 5,448 26,702 (163,813) (163,813) Internal Revenue Service Department of the Treasury District .Director Person to Contact: EO:TPA Telephone Number: LARKIN CENTER FOR CHILDREN 1-800-829-1040 AND ADOLESCENTS 312-435-1040 1212 LARKIN AVE • ELGIN, I-L 60123-6042 Refer Reply to: 95-2261 - Date: July 10, 1995 RE: EXEMPT STATUS EIN: 36-2170144 This is .in response to -the letter, dated June 28; 1995, regarding- your • status as an -organization exempt from Federal income tax. Our records indicate that a ruling letter was issued in January 1952, granting your organization an exemption from Federal income tax under " the. provisions of Section 501(c)(3) of the Internal Revenue Code of 1954: ;Qur records also indicate that your "organization is not a private foundation but one that is described in Section 509(a){1;) A • 170(b)(1)(Aj(vi) of. : the., Internal Revenue Code:: Contributions made to you are deductible by donors in computing their taxable.-income in the manner and "to the extent provided in Section 170 of -the. Internal Revenue -Code. If your gross receipts each year are normally $25,000 or more, you are required to file Form 990, Return. of- Organizations' Exempt from Income tax by the fifteenth 'day of the fifth month after the end of your annual accounting- period: - You are not required to file Federal income tax returns unless you are subject to the tax on unrelated business income under Section 511 of the Code If you are `subject 'to. this tax, you Must file an income tax return on F-990-T. • If any question 'arises with, respect to your status for Federal income tax-purposes, you may use this letter as evidence of your exemption. • ' This is an advisory letter. Sincerely yours, Maril W. Day - Distriot Director THE LARKIN CENTER PROPOSED BUDGET FOR FISCAL YEAR 2012: Revenue HT Mental Health Board 32,875 Federal 343,036 State 8,279,521 Village/City 0 Townships/708 Boards* 1,500 United Way 35,000 Foundations/Grants 45,000 Special Events 85,000 Other 200,000 In-Kind 0 Total Revenue 9,021,932 Expense Personnel: Direct Service 5,800,000 Administrative/Support 1,600,000 Sub-total Personnel Expense 7,400,000 Non-personnel Expense 1,550,000 Total Expense 8,950,000 Profit 71,932 Nancy Excel/Budget'12 O _ Larkin Center 'Teaching Skills,Changing Lives° Board Officers December 14,2011 June Wooten President Kane County Health Dept. Community Development/City of Elgin Attn: Denise Momodu Beth Kruger 150 Dexter Court RECEIVED 1"Vice President Elgin,IL 60120 John J.CuDian,Jr. DEC 15 2011 Treasurer RE: 2012-2013 CDBG Grant Application Litcon Group CITY CF ELGIN Jack Hein Dear Denise, President We would like to thank you and the City of Elgin for your past Thrivent support and the opportunity to apply for current funding. Your Myra Becker continued support allows us to continue our mission and truly change Secretary the lives of many children and families. Retired Educator Enclosed you will find our grant application including a copy of all .rd Members grant materials provided on disc. Per our phone conversation on Tuesday,December 13t,I did not complete the budget detail on page Fred J.Gross,Jr.. 27 because we are not applying for salary reimbursement as part of Arthur Machinery this funding request. Our auditors are finalizing last year's fiscal year Rev.Patricia Lindquist financials and we should have our completed audited financial Elgin Mental Health Center statements by December 30th, 2011. I have enclosed our most recent John T.Matejcak audited financials and will send this year's audited financials as soon Law Offices of as they are available. Raymond F.Dalton Scott Reining If you have any questions or require additional information,please THE National Bank feel free to contact me at any time. Omar Santos Sincerely, City of Elgin Robert L.Schrieber dettlaer Wells Fargo Advisors,LLC Claudia Van Delinder Development Department Executive Director Dennis L.Graf • 1212 Larkin Avenue * Elgin,Illinois 60123-6042 • Phone:(847)695-5656 ® Web Site:www.larkincenter.org • Fax:(847)695-0897 Accredited by:The Council on Accreditation of Services for Families and Children,Inc.and The Commission on Schools of the North Central Association of Colleges and Schools Member Agency of The Child WetfareLeague of America and Untied Way ofEight EXHIBIT B ASSURANCES The SUB-RECIPIENT hereby warrants and represents that it will comply with the regulations, policies, guidelines and requirements with respect to the acceptance and use of CDBG funds in accordance with the ACT and the City of Elgin policies. Also, the SUB-RECIPIENT certifies with respect to the grant that: 1. It possesses legal authority to make a grant submission to the CITY and to execute a community development and housing program; 2. Its governing body has duly adopted or passed as an official act, a resolution, motion or similar action authorizing the person identified as the official representative of the SUB-RECIPIENT to execute this Agreement, all understandings and assurances contained herein, and directing the authorization of the person identified as the official representative of the SUB-RECIPIENT to act in connection with the execution of this Agreement and to provide such additional information as may be required. 3. Prior to submission of its application to the City, the SUB-RECIPIENT has: (A) Met the citizen participation requirements of 570.301(b)and has provided citizens with: (1) The estimate of the amount of CDBG funds proposed to be used for activities that will benefit persons of low and moderate income; and (2) Its plan for minimizing displacement of persons as a result of activities assisted with CDBG funds and to assist persons actually displaced as a result of such activities; (B) Prepared its application in accordance with the policies of the City of Elgin and made the application available to the public; 4. The grant will be conducted and administered in compliance with: (A) Title VI of the Civil Rights Act of 1964(Pub. L. 88-352 42 U.S.C. Sec 2000d et seq.)and implementing regulations issued at 24 CFR Part I; (B) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-208), as amended; and that the SUBGRANTEE will administer all programs and activities related to housing and community development in a manner to affirmatively further fair housing; (C) Section 109 of the Housing and Community Development Act of 1974, as amended; and the regulations issued pursuant hereto; (D) Section 3 of the Housing and Urban Development Act of 1968,as amended; (E) Executive Order 11246-Equal Opportunity, as amended by Executive Orders 11375 and 12086, and implementing regulations issued at 41 CFR Chapter 60; (F) Executive Order 11063-Equal Opportunity in Housing, as amended by Executive Order 12259, and implementing regulations at 24 CFR Part 107; Page 14 of 19 (G) Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended, and implementing regulations when published in effect; (H) The Age Discrimination Act of 1975 (Pub. L. 94-135), as amended, and implementing regulations when published for effect; (I) The relocation requirements of Title II and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and the implementing regulations at 24 CFR Part 42, as required under 24 CFR 570.606; (J) The labor standards requirements as set forth in 24 CFR Part 570, Subpart K and HUD regulations issues to implement such requirements; (K) Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 11738 relating to the prevention, control and abatement of water pollution; (L) The flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (Pub. L. 93-234); (M) The Fair Housing Act(42 U.S.C. 3601-20); 5. Its notification, inspection, testing and abatement procedures concerning lead-based paint will comply with 570.608; and 6. When a grant is in excess of $100,000 it will comply with all applicable standards, orders, or requirements issued under Section 308 of the Clean Air Act (42 U.S.C. 1857(h), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulation (40 CFR Part 15), which prohibit the use under nonexempt Federal contracts, grants or loans, of facilities included on the EPA list of Violating Facilities. The provision shall require reporting of violations to the County, HUD, and to the AESOP Assistant Administrator for Enforcement(EN-329). 7. It has developed its application so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight; (the application may also include activities which the SUB-RECIPIENT certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); 8. It is following the current City of Elgin Consolidated Plan which has been approved by HUD pursuant to 570.306; and 9. It will not attempt to recover any capital costs of public improvements assisted in whole or in part with funds provided under Section 106 of the ACT or with amount resulting from a guarantee under Section 108 of the ACT by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a 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 Page 15 of 19 under Title I of the ACT; or (2) for purposes of assessing any amount against properties owned and occupied by low and moderate income persons, the SUB-RECIPIENT certifies that it lacks sufficient funds received under Section 106 of the ACT to comply with the requirements of subparagraph(1)above. 10. The SUB-RECIPIENT certifies that it will provide a drug-free workplace by: (A) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the SUB- RECIPIENT's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (B) Establishing a drug-free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The SUB-RECIPIENT's policy of maintaining a drug-free workplace; (3) Any available drug counseling,rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. (C) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph(A); (D) Notifying the employee in the statement required by paragraph(A)that, as a condition of employment under the grant,the employee will: (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; (E) Notifying the City of Elgin's Community Development Department within ten (10) days after receiving notice under subparagraph (D)(2) from an employee or otherwise receiving actual notice of such conviction; (F) Taking one of the following actions, within 30 days of receiving notice under subparagraph(D)(2), with respect to any employee who is so convicted: (1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health,law enforcement, or other appropriate agency; (G) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (A), (B), (C), (D), (E) and(F). 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. Page 16 of 19 12. In regards to lobbying,the SUB-RECIPIENT certifies: (A) No Federal appropriated funds have been paid or will be paid, by or on behalf of the SUB-RECIPIENT, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract,grant, loan, or cooperative agreement. (B) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (C) The SUB-RECIPIENT shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352,title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. Page 17 of 19 EXHIBIT C EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION Community Development Block Grant Program City of Elgin The undersigned understands and agrees that it is a SUB-RECIPIENT of the Community Development Block Grant Program of the CITY. The undersigned also agrees there shall be no discrimination against any employee who is employed in carrying out work from the assistance received from the CITY and HUD, or against any applicant for such employment, because of race, color, religion, sex, age or national origin, including but not limited to employment, upgrading, demotion or transfer; recruitment or recruitment advertising; lay off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The SUB-RECIPIENT further agrees to the following: (1) It will incorporate or cause to be incorporated into any grant contract, loan, grant insurance or guarantee involving Federally assisted construction work, or modification thereof, which is paid for in whole or in part with funds obtained from the Community Development Block Grant program,the language contained in HUD Equal Employment Opportunity Regulations at 42 CFR 130.15(b), in Executive Order 11246, as amended by Executive Orders 11375 and 12006, and implementing regulations issued in 41 CFR Chapter 60. (2) It will be bound by said equal opportunity clause with respect to its own employment practices when it participates in any Community Development Block Grant Program construction. (3) It will assist and cooperate actively with the CITY,HUD, and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations and relevant orders of the Secretary of Labor. (4) It will furnish the CITY, HUD, and the Secretary of Labor such information as they may require for the supervision of such compliance, and will otherwise assist the CITY and HUD in the discharge of primary responsibility for securing compliance. (5) It will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from or who has not demonstrated eligibility for government contracts and federally assisted construction contracts pursuant to the Executive Order. (6) It will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the Secretary of Labor, the CITY or HUD. (7) In the event that SUB-RECIPIENT fails or refuses to comply with the undertaking, the CITY, or HUD may take any or all of the following actions: cancel, terminate or suspend, in whole or in part, this grant, refrain from extending any further assistance to the SUB-RECIPIENT until satisfactory assurance of future compliance has been received; and refer the case to HUD for appropriate legal proceedings. Page 18 of 19 SUB-RECIPIENT: The Larkin Center 1212 Larkin Avenue Elgin, Illinois 60123 BY: ./ // ��- Dennis Graf, Executive Dir- tor DATE: I a i I I Z ATTEST: &\. - A Page 19 of 19 (-)Uf I ____ E LG I N THE CITY IN THE SUBURBS- AGENDA ITEM: D MEETING DATE: November 28, 2012 ITEM: Sub-Recipient Agreement with The Larkin Center for 2012-2013 Community Development Block Grant ($50,600) OBJECTIVE: Provide federal grant funding for an Elgin-based not-for-profit organization providing a full- services treatment center to children, teens and adults who have emotional and/or behavioral challenges. RECOMMENDATION: Approve the execution of a Program Year 2012-2013 Community Development Block Grant Sub-Recipient Agreement with The Larkin Center in the amount of$50,600 to install a new roof at its administrative building located on Larkin Avenue. r BACKGROUND In March 2012, city council allocated just over $339,800 in Community Development Block Grant (CDBG) funds to eight projects. CDBG funds come from the federal government, which uses a population and community need-based formula to distribute money to local communi- ties to provide assistance to low and moderate income persons. The city has participated in the CDBG program since 1975, receiving over$26 million in financial assistance since that time. Founded in 1896 as an orphanage, The Larkin Center (Larkin Center) is dedicated to changing lives within an environment, which is structured, protective and therapeutic, by providing ser- vices, which enhance an individual's intellectual, emotional, vocation, physical and spiritual ca- pabilities. Larkin Center is a not-for-profit organization serving over 500 people every year. The agency has six group homes providing housing for up to 52 youth ages 8 to 18 years. They have group homes and subsidized rental apartments for chronic mentally ill adults, who are seeking enhanced independent living. The agency also provides outpatient family counseling for chil- dren, teens and their families struggling with mental illness or behaviorial issues. Larkin Center coordinates its services with its other primary partners in the area including Community Crisis Center, Ecker Center for Mental Health, PADS of Elgin, Renz Addiction Center and Alexian Brothers Behavioral Health Hospital. Larkin Center requested and was awarded CDBG funds in 2004. The organization has complied with all federal requirements of the CDBG Grant Program and the city's sub-recipient agree- ments for that year. Each year, the projects selected by city council are incorporated into an action plan, which must be approved by the Department of Housing and Urban Development (HUD). Staff submitted the city's 2012-2013 Action Plan in April 2012 (see Attachment A for a copy of the executive sum- mary of the plan). The action plan was approved on June 15, 2012 (see Attachment B for a copy of the letter from HUD). Each applicant must sign an agreement with the city, which outlines the applicant's obligations as a recipient of federal funds. This agreement with Larkin Center is one of the eight agree- ments for the 2012-2013 CDBG program year (see Attachment C for a copy of Larkin Center's agreement). OPERATIONAL ANALYSIS Larkin Center will use this $50,600 to install a new roof at their administrative building located at 1212 Larkin Avenue. INTERESTED PERSONS CONTACTED 4411) Larkin Center was consulted during the creation of the sub-recipient agreement. FINANCIAL ANALYSIS The overall cost of the project is $50,600. The city's contribution to the project is limited to the $50,600 CDBG grant allocation. BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT#(S) AMOUNT AMOUNT BUDGETED AVAILABLE CDBG 230-0000-791.93-36 154847 $50,600 $50,600 LEGAL IMPACT None. 4) 2 ALTERNATIVES The city council may choose not to approve the sub-recipient agreement with Larkin Center and reallocate the funds to another project. NEXT STEPS 1. Execute a sub-recipient agreement with Larkin Center. 2. Monitor the bidding and construction process. 3. Process payment as approved by the agreement. 4. Complete review and monitoring of the sub-recipient's clientele file prior to closing out the project to ensure compliance with the national objectives of the program that re- quires service to low-to moderate-income persons. 5. Request and review quarterly reports from the sub-recipient. 6. Submit annual reports to HUD on the sub-recipient's activities. 7. Prepare sub-recipient files for on-site monitoring by HUD prior to closing out the pro- ject. Originators: Denise Momodu, Associate Planner Sarosh Saher, Senior Planner Marc Mylott, Community Development Director Final Review: Colleen Lavery, Chief Financial Officer William A. Cogley, Corporation Counsel/Chief Development Officer Richard G. Kozal, Assistant City Manager/Chief Operating Officer Sean R. Stegall, City Manager ATTACHMENTS A. Executive Summary of the 2012-2013 CDBG Action Plan B. Letter from HUD, dated June 15, 2012 C. Draft Sub-Recipient Agreement with Attachments 3 Attachment A EXECUTIVE SUMMARY The City of Elgin's 2012-2013 Community Development Block Grant (CDBG) Program will receive $695,000 to assist Elgin's low- and moderate-income population. These funds will be used to address Elgin's priorities to rehabilitate affordable and special needs housing, assist public facilities, support emergency shelter facilities, and support community planning and capacity-building activities. These priorities are also in keeping with the National Objective of the program, which requires that the funds benefit low- and moderate- income (LMI) persons, aid in the prevention or elimination of slums or blight, or meet a need having a particular urgency(referred to as urgent need). On March 21, 2012, the Elgin City Council held the Final Public Hearing and approved ten projects for the 2012-2013 Annual Action Plan (a one year use of funds). These projects assist the City's low- and moderate-income population, support the ability for individuals and families to become independent and self-sufficient, and promote the City's anti-poverty strategy. Additionally, the projects support the City of Elgin's Strategic Goals to promote a safe community for people, neighborhood vitality, economic growth, quality housing, and efficient services. The projects and budgets are as follows: 1. Residential Rehabilitation Grant Program -$292,196 2. CDBG Grant Administration-$63,000 3. PADS Emergency Shelter Program-$50,000 4. Renz Addiction Counseling Center-$33,000 5. The Larkin Center-$50,600 6. Association for Individual Development-$40,104 7. YWCA of Elgin $60,000 8. Wayside Cross Ministries-$25,000 9. Well Child Center-$52,100 10. Senior Services Associates, Inc.-$29,000 As specified by the Outcome Performance Measurement System required by the U.S. Department of Housing and Urban Development, Office of Community Planning and Development, each project is assigned an objective that describes the project purpose and the primary outcome that results from the project. Table 1 on the following page summarizes the goals of each activity selected for 2012-2013 CDBG funding. I Table 1: Project Performance Measures and Outcomes Consolidated Activity Funding Performance Elgin's Strategic Plan Allocation Measurer Goal Priority Residential Rehabilitation $292,196 DH-3 Quality Housing Housing Grant Program CDBG Grant Administration $63,000 EO-3 Efficient Services Public Service PADS Emergency Shelter $50,000 , DH-1 Safe Community Homelessness Renz Addiction Counseling $33,000 SL-3 Economic Growth Public Facility Center The Larkin Center $50,600 SL-3 Economic Growth Public Facility Association for Individual $40,104 SL-3 Neighborhood Public Facility Development Vitality YWCA of Elgin $60,000 SL-3 Economic Growth Public Facility Wayside Cross Ministries $25,000 DH-1 Safe Community Homelessness Well Child Center $52,100 SL-1 Safe Community Public Facility Senior Services Associates, $29,000 SL-1 Alive Downtown Public Service Inc Total CDBG Funds $695,000 Suitable Living Environment (SL), Decent Housing (DH), or Economic Opportunity(EO) and the primary outcome that will result from the project[Availability/Accessibility(1),Affordability(2),or Sustainability(3)1. The selected projects are consistent with the Kane County/City of Elgin Consortium 2010-2014 Housing and Community Development Consolidated Plan. Four of the five plan priorities - housing, public facilities and services, homelessness, and planning and capacity building - will be pursued with 2012-2013 CDBG Program funds. More specifically the priorities are as follows: Priority 1: Housing Preserve existing units throughout the area served by the Consortium. • Residential Rehabilitation Grant Program-$292,196 Priority 2: Infrastructure Provide gap financing for critical infrastructure projects. • No new CDBG activities are proposed during the 2012-2013 program year. • City funds will be used for infrastructure projects. Priority 3: Public Facilities and Public Services Support the construction, rehabilitation, and improvement of public facilities from which human services are provided. Occasionally support public services operated from public facilities when funds have not been designated for capital improvements to those facilities. • Renz Addiction Counseling Center- $33,000 (public facility improvement) • The Larkin Center-$50,600 (public facility improvement) • Association for Individual Development-$40,104(public facility improvement) • YWCA of Elgin -$60,000(public facility improvement) • Well Child Center- $52,100 (public facility improvement) • Senior Services Associates, Inc. -$29,000(public service) Priority 4: Homelessness Increase the availability of both emergency shelter and transitional housing services and facilities. Support the Kane County Continuum of Care in its efforts. • PADS Emergency Shelter Program - $50,000 • Wayside Cross Ministries Daytime Shelter Program -$25,000 Priority 5: Planning and Capacity Building Support community planning activities that effectively use and leverage resources. • CDBG Grant Administration -$63,000 The City of Elgin has been working effectively with sub-recipients to complete outstanding projects carried over from the previous program years. The following projects are either 4111) currently underway or nearing completion: • The Community Crisis Center Interior Remodel Project bidding process will commence in April this year. Construction should begin in the summer. The construction should be completed in the fall and the grant of$36,850 will be expended by December 2012. • In 2011 the City of Elgin expended approximately $381,243 for the rehabilitation of residential properties within its jurisdiction. The funds helped 48 homeowners rehabilitate their existing homes. Due to Elgin receiving a 16.5 percent reduction in federal funding for the 2011-2012 program year, the budget for one project was substantially reduced in excess of$25,000. This reduction necessitates an amendment to the adopted FY 2011 Annual Action Plan, requiring a 30-day public comment period. The public comment period will begin on February 18, 2012 and end on April 16, 2012. In addition to undertaking the 2012-2013 CDBG projects, Elgin will continue to pursue the completion of the following projects from the 2011-2012 CDBG program year: 1. Residential Rehabilitation Grant Program -$270,078 2. Northern Illinois Food Bank New Distribution Center- $75,000 3. Senior Services Associates, Inc. HVAC Replacement -$42,500 14) 4. PADS Emergency Shelter Program - $50,000 5. Association for Individual Development Energy Upgrades- $53,935 6. Community Crisis Center Interior Rehabilitation &Ventilation- $42,850 7. Well Child Center—Parking Lot Phase 2 -$64,700 8. Wayside Cross Ministries Daytime Shelter Program - $45,060 The following is a list of projects carried over from previous years that were drawn down or completed during the 2011-2012 program year: 1. YWCA Roof Replacement Phase II Project-$8,550 2. Housing Authority of Elgin Elevator Renovation Project-$39,697 3. PADS Emergency Shelter Project- $50,000 4. Community Crisis Center Tuckpointing Project- $22,900 5. Community Crisis Center Basement Remodel Project-$29,620 6. NHS of the Fox Valley Foreclosure Prevention Counseling-$29,750 7. The Ecker Center Elevator Renovation Project- $79,769 8. Association for Individual Development Group Homes Project- $39,243 9. The Ecker Center Retaining Wall Project- $30,838 Attachement B • Q�tYfNTO • JUL.1 Q 2012 US.DEPARTMENT OF HOUSING AND URBAN * ;�'' let DEVELOPMFNr 64444 ors P‘ Illinois State Office 77 W.Jackson Blvd. Chicago,Illinois 606043507 OFFICE OF COMMUNITY PLANNING&DEVELOPMENT JUN 152012 Honorable David Kaptain Mayor,City of Elgin Attention: Sarosh Saher Senior Planner 150 Dexter Court Elgin,IL 60120 Dear Mayor Kaptain: SUBJECT: Action Plan.Approval and Transmittal of Grant Agreements Program Year 2012 Elgin Illinois I am pleased to inform you of your community's Fiscal Year(FY) 2012 allocations for the Office of Community Planning and Development's(CPD)formula programs, which provide funding for housing,community and economic development activities,and assistance for low-and moderate-income persons and,special populations across the country. The City of Elgin's FY 2012 available amount is: Community Development Block Grant(CDBG) $695,016 There are several important program priorities I would like to highlight for the upcoming year. • First,the Homeless Emergency Assistance and Rapid Transition to.Housing Act of 2009(HEARTH Act)amended the McKirmey-Vento Homeless Assistance Act,including major revisions to the Emergency Shelter Grants program,now the Emergency Solutions Grants(ESG)program. HUD published an Interim Rule in the Federal Register on December 5,2011,and it became effective January 4,2012. The Interim Rule establishes requirements for conforming Substantial Amendments to the 2011 and 2012 Annual Action Plans. An amendment to the City's current Consolidated Plan is not required by the Interim Rule. The City must,however, incorporate new HEARTH Act requirements for ESG into any fixture Consolidated Plan submissions. 41111) f 2 Further information on the ESG ro p gram and conforming amendments can be found at the HUD Homeless Resource Exchange at the following web site: http://www.hudhre.infolesp/ Second,HUD used 2010 decennial Census data for FY 2012 allocations. As you may be aware,poverty,age of housing and overcrowded housing data are no longer collected as part of the decennial Census. This data is now generated from the American Communities Survey. American Communities Survey data will also be used to produce the Low/Moderate Income Summary Data(LMISD)that grantees use for Consolidated Plan purposes,as well as for determining eligible low/moderate income areas for CDBG assistance. The LMISD is a HUD-produced dataset which shows the estimated percentage of low/moderate income residents in each block group, census tract and unit of local government. The new LMISD tabulation will be available sometime in 2012. We anticipate providing grantees with a transition policy for Low/Moderate Income Summary Data(LMISD) later this year. Please see the following website to view available data sets that use decennial Census and American Communities Survey data: http://www.hud,gov/offices/crd/systemslcerisusfIIwmod/ Once you have had the opportunity to review the new Census data and LMISD data, we advise you to consider its impact upon your current Consolidated Plan and Analysis of Impediments to Fair Housing Choice(AI). The Consolidated Plan and the AI should be updated with any significant changes that you identify as a result of the new data. Finally, CPD has initiated the OneCPD technical assistance process. Under OneCPD,technical assistance uses a place-based strategy with the goal of improving the ability of grantees to understand their local market conditions,set goals, and design and effectively carry out their housing and community development programs. r 3 I CPD looks forward to working with you in a true partnership to successfully meet the challenges we face in FY2012. Please contact me if you or your staff have questions or comments. Sincerely, Ray E. Willis Director I Funding Approval/Agreement U.S.Department of Housing and Urban Development Title I of the Housing and Community Office of Community Planning and Development Development Act(Public Law 930383) Community Development Block Grant Program HI-00515R of 20515R 1.Name of Grantee(as shown in item 5 of Standard Form 424) 3a.Grantee's 9-digit Tax 3b.Grantee's DUNS Number. 4.Date use of funds may CITY OF ELGIN ID Numb 010224772 06/01/ begin(m mid dfyyyy): 2.Grantee's Complete Address(as shown in Item 5 of Standard Form 424) 5a.Project/Grant No.1 6a.Amount Approved 150 DEXTER COURT B-12-MC-17-0011 $695,016 ELGIN,IL 60120 5b.Project/Grant No.2 6b.Amount Approved • 5c.Project/Grant No.3 6c.Amount Approved Grant Agreement: This Grant Agreement between the Department of Housing and Urban Development(HUD)and the above named Grantee is made pursuant to the authority of Title 1 of the Housing and Community Development Act of 1974,as amended,(42 USC 5301 et seq.).The Grantee's submissions for Title I assistance,the HUD regulations at 24 CFR Part 570 (as now in effect and as may be amended from time to time), and this Funding Approval, including any special conditions/addendums,constitute part of the Agreement. Subject to the provisions of this Grant Agreement,HUD will make the funding assistance specified here available to the Grantee upon execution of the Agreement by the parties. The funding assistance specified in the Funding Approval may be used to pay costs incurred after the date specified in item 4 above provided the activities to which such costs are related are carried out in compliance with all applicable requirements. Pre- agreement costs may not be paid with funding assistance specified here unless they are authorized in HUD regulations or approved by waiver and listed in the special conditions to the Funding Approval. The Grantee agrees to assume all of the responsibilities for environmental review,decision making,and actions,as specified and required in regulations issued by the Secretary pursuant to Section 104(g) of Title I and published in 24 CFR Part 58. The Grantee further acknowledges its responsibility for adherence to the Agreement by sub-recipient entities to which it makes funding assistance hereunder available. U.S.Department of Housing and Urban Development(By Name) Grantee Name RAY E.WILLIS DAVID KAPTAIN Title . DIREC OR,COMMUNITY PLANNING&DEV. (�,i MAYOR Signature �� D j U 1'1 � 2O 1 2 Signature Date(mmlddlyyyy) 7.Category of itle Assistance for this Funding Action 8.Special Conditions 9a.Date HUD Received Submission 10.check one (check only one) (check one) mm/ ❑a.Entitlement Sec 106(b) ❑None ( dGrante 04tified X a.Orig.Funding 9b.Date Grantee Notified Approval ❑b.State-Administered,Sec 106(d)(1) ❑Attached (mm/ddlyyyy) ❑b.Amendment El c HUD-Administered Small Cities,Sec 106 d 2 B Amendment Number ( 1( K ) 9a Date of Start of Program Year ❑d.Indian CDBG Programs,Sec 106(a)(1) (mm/dd/yyyy) 06/01/12 ❑e.Surplus Urban Renewal Funds,Sec 112(b) 11.Amount of Community Development ❑f.Special Purpose Grants,Sec 107 Block Grant FY(12) FY( ) FY( ) ❑g.Loan Guarantee,Sec 108 a.Funds Reserved for this Grantee $695,016 b.Funds now being Approved $695,016 c.Reservation to be Cancelled (11a minus lib) 12a.Amount of Loan Guarantee Commitment now being Approved 12b.Name and complete Address of Pubic Agency Loan Guarantee Acceptance Provisions for Designated Agencies: The public agency hereby accepts the Grant Agreement executed by the Department of Housing and Urban Development on the above date with respect to the above grant number(s) as Grantee designated to receive 12c.Name of Authorized Official for Designated Public Agency loan guarantee assistance, and agrees to comply with the terms and conditions of the Agreement, applicable regulations, and other requirements of HUD now or hereafter in effect, pertaining to the Title assistance provided it. Signature HUD Accounting use Only Effective Date Batch TAC Program Y A Reg Area Document No. Project Number Category Amount (mmldd/yyyy) F 153 — 176 - UJ- — Y Project Number Amount j Y Project Number Amount rik r 1 I Date Entered PAS(mmlddlyyyy) Date Entered LOCCS(mm/dd/yyyy) Batch Number Transaction Code Entered By Verified By 24 CFR 570 form HUD-7082(4/93) Attachment C AGREEMENT BETWEEN THE CITY OF ELGIN AND THE LARKIN CENTER This AGREEMENT is entered into as of the day of ,2012,by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter called "GRANTEE" or "CITY") and THE LARKIN CENTER, 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 1212 Larkin Avenue,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. A) II. SCOPE OF THE PROJECT A. SUB-RECIPIENT hereby agrees to perform, in a timely fashion, the activities provided for herein, and those previously defined in the application and project description dated December 15, 2011, submitted by the SUB-RECIPIENT entitled "Administrative Building Roof and Driveway Replacement Project", which was revised, a copy of which is attached hereto as Exhibit"A" and incorporated herein by this reference(hereinafter referred to as the "PROJECT"). The SUB-RECIPIENT was awarded a grant for Fiscal Year(FY)2011-2012. B. All funding provided to SUB-RECIPIENT shall be used solely to install a new roof at the Center's administrative building, located at 1212 Larkin Avenue, Elgin, Illinois. About 937 low and moderate-income Elgin families will benefit from the Center's program in its 2011-2012 fiscal year. The subject building will serve 82 percent low and moderate income persons as defined by 24 CFR 570.208 (a) (2)(i) (A). Such funding shall be used only for the installation of a new roof, and other costs associated with the above activities as are consistent with the scope and intent of the PROJECT and are pre-approved by CITY staff. C. The SUB-RECIPIENT shall comply with administrative and procurement requirements as applied to the Community Development Block Grant program in accordance with 24 CFR 85: 1. The Bid Specifications shall include all specifications and pertinent attachments and shall define the items or services in order for the bidder to properly respond. Page 1 of 19 2. The SUB-RECIPIENT shall submit the Bid Specifications and plans to the City's Community Development Department for staffs approval prior to advertising in a local newspaper and the Dodge Construction News. 3. The SUB-RECIPIENT shall include in the invitation for bids, the statement "Minorities and women contractors are encouraged to submit bids." The SUB- RECIPIENT shall purchase a 1" x 3" space in the Dodge Construction News Classified Section specifically inviting Minority Business Entity/Women Business Entity(MBE/WBE) firms to submit bids. 4. All bids will be publicly opened at the time and place prescribed in the invitation for bids. 5. The SUB-RECIPIENT shall provide the City's Community Development Department with a copy of the classified advertisement and the results from the bid opening. 6. The contract award will be awarded, in writing, to the lowest responsive and responsible bidder. Any or all bids may be rejected, if there are sound documented reasons. D. The SUB-RECIPIENT shall comply with the Federal Labor Standards and Prevailing Wage Rates as applied to the Community Development Block Grant Program in accordance with Title 29 of the Code of Federal Regulations, Part 5: 1. After the start of the described work, the SUB-RECIPIENT shall provide to the City's Community Development Department staff, weekly reports of the contractor and/or subcontractors at the job site. The SUB-RECIPIENT shall conduct employee interviews of the contractor and/or subcontractors at the job site. 2. Originals of all documents required for compliance with the Federal Labor Standards shall be supplied to the City's Community Development Department. 3. SUB-RECIPIENT shall erect a sign in a prominent place at the job site crediting the City of Elgin and HUD for funding of the PROJECT by including the following statement: "Funding for the Project has been provided, in part, by the City of Elgin from the U.S. Department of Housing and Urban Development's Community Development Block Grant Program." E. Quarterly Progress Reports 1. The SUB-RECIPIENT shall provide a Quarterly Progress Report to the CITY each quarter, reporting on the status of the PROJECT in relation to the Project Implementation Schedule. The quarterly progress reports shall begin upon the signing of this Agreement, and be based on the CDBG program year, beginning on June 1 S` and ending on May 3151 of the following year. The quarterly progress report shall be submitted until the completion of the project or until directed to discontinue such reports in writing by the CITY. Page 2 of 19 2. Quarterly progress reports shall be due on the 10`s day of the month following, the end of the quarter, for the previous quarter's activities. 3. The SUB-RECIPIENT shall use a form provided by the Community Development Department and shall include all required information about the number of clients served each quarter (by race, income, and the number of female headed households). F. Request for Payment 1. The SUB-RECIPIENT shall provide the City's Community Development Department, prior to the start of construction, with an itemized list of all estimated expenditures. This list (on a State of Illinois Engineer's Pay Estimate form BLR-283 or equivalent) shall show expected quantities and unit prices for each item. 2. Request for payment shall be submitted on a timely basis. Each request for payment sent to the CITY shall be accompanied by said payment estimate form signed by the SUB-RECIPIENT'S authorized representative and showing the work completed. Changes to items on the pay estimate form must be authorized, in writing, by the SUB-RECIPEINT (on a State of Illinois Request for Approval of Change in Plans Form BLR-228 or equivalent), and a copy of such authorization shall be submitted to the City's Community Development Department before payment pursuant to such changes is made. G. Prior to the expenditure of CDBG funds,the SUB-RECIPIENT shall meet with the City's Community Development Department staff to establish acceptable documentation and guidelines regarding requests for payment for the activities described in the Scope of Work. No payment of CDBG funds will be made by the CITY without the required documentation. H. SUB-RECIPIENT shall record and report monthly to the CITY all program income (as defined in 24 CFR 570.500(a)) generated by activities carried out with CDBG funds made available under this Agreement. Any such program income shall be returned to the CITY. Written request for an exception to this section must be made in writing to the CITY's Community Development Department. Such request shall describe why the SUB-RECIPIENT needs the income, the specific activities the SUB-RECIPIENT will undertake with the funds, and how the SUB-RECIPIENT will report income and expenditures to the CITY. A written response to the request will be provided to the SUB- RECIPIENT from the CITY. The use of any program income by the SUB-RECIPIENT shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, to the extent any such income is used during the Agreement period for activities permitted under this Agreement, SUB-RECIPIENT shall reduce requests for additional funds by the amount of any such program income balances on hand. All unexpended program income shall be returned to the CITY at the end of this Agreement period. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to the CITY. III. AMOUNT AND TERMS OF GRANT 4111) Page 3 of 19 "^ A. The CITY shall distribute to SUB-RECIPIENT, as SUB-RECIPIENT'S portion of the @ total grant received by the CITY and in consideration of SUB-RECIPIENT'S undertaking to perform the PROJECT, a maximum of$50,600(hereinafter "Grant Funds"),to be paid in the manner set forth herein at Section VII. B. This PROJECT shall be identified by the following project and account numbers: Project No. 154847 and Account No. 230-0000-791.93-36 in the amount of $50,600, which identifying numbers shall be used by SUB-RECIPIENT on all payment requests. C. In the event the services identified in Section II, Scope of the Project of this Agreement or other eligible services for low and moderate income individuals and households are no longer provided at The Larkin Center, 1212 Larkin Avenue, Elgin, due to actions by the SUB-RECIPIENT, the SUB-RECIPIENT shall reimburse the U.S. Department of Housing and Urban Development or the CITY for project activities undertaken in whole or in part with CDBG funds at a rate of 6.7% for each year and portion of each year remaining on the ten-year useful life of the facility improvements. The ten-year compliance period shall begin on the commencement date of this Agreement. This provision shall not be construed as limiting the CITY from asserting any claims against the Larkin Center, for the breach of any other terms of this Agreement. D. Upon project completion as specified in Section II, Scope of the Project, any remaining CDBG project funds shall be available for reallocation by the CITY to another eligible CDBG project. If SUB-RECIPIENT materially fails to comply with any term of this award, the SUB-RECIPIENT shall repay to the CITY all funds used for ineligible activities. rik E. A minimum of 51 percent of the persons served on an annual basis shall be at or below 80 percent of the Median Family Income in order for the SUB-RECIPIENT to maintain eligibility for the CDBG funds provided for herein. Said income levels shall be updated and revised annually to conform to levels set by the U. S. Department of Housing and Urban Development. Failure to meet the aforementioned minimum 51 percent threshold shall require SUB-RECIPIENT to reimburse the CITY for funds expended, in whole or in part, for project activities. F. Changes in the scope of services, budget, or method of compensation contained in this Agreement, unless otherwise noted, may only be made through a written amendment to this Agreement, executed by the SUB-RECIPIENT and CITY. IV. SUB-RECIPIENT'S COMPLIANCE WITH THE ACT A. CITY shall assist SUB-RECIPIENT'S making application for CDBG funds. B. SUB-RECIPIENT shall abide by the ACT, and all HUD rules and regulations promulgated to implement the ACT. C. SUB-RECIPIENT shall, upon request of CITY, (1) assist in the completion of an environmental review and (2) complete certifications showing equal employment opportunity compliance including equal employment opportunity certification with reference to the PROJECT, as set forth in Exhibit "C" attached hereto and made a part hereof. eiPmk Page 4 of 19 D. SUB-RECIPIENT, in performing under this Agreement, shall: 1. Not discriminate against any worker, employee, or applicant, or any member of the public, because of race, creed, color, sex, age or national origin, nor otherwise commit an unfair employment practice; and 2. Take affirmative action to insure that applicants are employed without regard to race, creed, color, sex, age or national origin, with such affirmative action in- cluding, but not limited to the following: Employment, upgrading, demotion or transfer, termination, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, including apprenticeship. E. SUB-RECIPIENT shall permit CITY and HUD to conduct on-site reviews, examine personnel and employment records and to conduct any other procedures or practices to assure compliance with the provisions of this Agreement. SUB-RECIPIENT agrees to post in conspicuous places available to employees and applicants for employment notices setting forth the provisions of this non-discriminatory clause. F. SUB-RECIPIENT shall comply with all laws and state and federal rules and regulations, including but not limited to those regarding a direct or indirect illegal interest on the part of any employee or elected official of the SUB-RECIPIENT in the PROJECT or payments made pursuant to this Agreement. G. SUB-RECIPIENT hereby warrants and represents that neither the project, including but 411) not limited to any funds provided pursuant thereto, nor any personnel employed in the administration of the program shall be in any way or to any extent engaged in the conduct of political activities in contravention of Chapter 15 of Title 5, United States Code, referred to as the Hatch Act. H. SUB-RECIPIENT shall maintain records to show actual time devoted and costs incurred, in relation to the PROJECT, and shall prepare and submit quarterly progress reports which describe the work already performed and anticipated during the remaining time of the PROJECT. Upon fifteen(15)days notice from the CITY, originals or certified copies of all time sheets, billings, and other documentation used in the preparation of said progress reports shall be made available for inspection, copying, or auditing by the CITY at any time during normal business hours,at 150 Dexter Court, Elgin, Illinois. SUB-RECIPIENT shall adopt the audit requirements of the Office of Management and Budget (hereinafter "OMB") Circular A-133, "Audits of Institutions of Higher Learning and Other Non-Profit Institutions." SUB-RECIPIENT shall submit to the CITY one copy of said audit report. SUB-RECIPIENT shall permit the authorized representatives of the CITY, HUD and the Comptroller General of the United States to inspect and audit all data and reports of the SUB-RECIPIENT relating to its performance under this Agreement. J. SUB-RECIPIENT and CITY shall at all times observe and comply with Title 24 CFR Part 570 and all applicable laws, ordinances or regulations of the Federal, State, County, and local government, which may in any manner affect the performance of this Agreement. Without limiting the foregoing,the SUB-RECIPIENT shall comply with the 4111) Page 5of19 • regulations, policies, guidelines and requirements set forth in Exhibit B, attached hereto and incorporated herein by this reference. K. SUB-RECIPIENT shall transfer to the CITY any unused CDBG funds and submit all billings attributable to this Project at the time this Agreement expires. L. SUB-RECIPIENT will ensure that any real property under the SUB-RECIPIENT'S control that was acquired and/or improved in whole or in part with CDBG funds is used to meet the benefit of low and moderate income persons as defined by HUD, for a period of 10 years after the commencement of this Agreement. M. If during the 10 year period after the commencement of this Agreement, the SUB- RECIPIENT disposes of any property under the SUB-RECIPIENT'S control that was acquired and/or improved in whole or in part with CDBG funds, then the SUB- RECIPIENT will reimburse the CITY in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property in accordance with 24 CFR 570.503(b)(8)and 24 CFR 570.505. V. RIGHTS TO SUBCONTRACT A. SUB-RECIPIENT is herewith granted authority to subcontract all or any portion of the PROJECT to such engineers, architects, independent land use consultants, professional land planner, construction contractors or other entities as SUB-RECIPIENT shall deem appropriate or necessary and upon such terms as may be acceptable to SUB-RECIPIENT. B. Administration of any subcontracts by the SUB-RECIPIENT shall be in conformance with 24 CFR Part 570.200(d)(2) and Part 85.36. VI. SUB-RECIPIENT'S AUTHORIZATION TO ACCEPT PROPOSALS A. After the CITY has received notification that funds for the PROJECT have been released by HUD, the SUB-RECIPIENT shall be authorized to accept the proposal of any subcontractor for the PROJECT. VII. BILLING PROCEDURE A. Upon release of Grant Funds by HUD for the PROJECT, the CITY shall make disbursements to the SUB-RECIPIENT as either reimbursement for advances made by SUB-RECIPIENT or as advances for specific cash requirements of SUB-RECIPIENT for the PROJECT. All claims of SUB-RECIPIENT, whether for reimbursement or advancement, shall comply with the following requirements: 1. SUB-RECIPIENT shall submit a listing of all disbursements of CDBG funds, on a form provided by the CITY; 2. Any claim for advancement of CDBG funds shall be limited to an amount necessary for SUB-RECIPIENT to meet specific cash requirements for the Page 6 of 19 PROJECT and shall be disbursed by SUB-RECIPIENT within three(3) working days of receipt by SUB-RECIPIENT; 3. Any request for reimbursement or advancement pertaining to work under contracts from the SUB-RECIPIENT shall include the following: a. For interim payments to contractors and subcontractors, certification that the work for which payment is requested has been performed and is in place and to the best of SUB-RECIPIENT'S knowledge, information and belief that, the quality of such work is in accordance with the contract and subcontracts, subject to: (i) any evaluation of such work as a functioning PROJECT upon substantial completion; (ii) the results of any subsequent tests permitted by the subcontract; and(iii)any defects or deficiencies not readily apparent upon inspection of the work; and b. For final payment, certification that the work has been performed in a satisfactory manner and in conformance with the contract. 4. Processing of all requests for payment shall be contingent upon the submission of the required documentation by the contractor and subcontractor to the CITY that fully complies with federal labor standards, uniform relocation act or any other applicable federal, state, or local statutes,rules or regulations. 5. SUB-RECIPIENT shall forward to CITY all billings, vouchers, and other documents representing any accounts payable, in such timely and reasonable manner as both parties shall determine; provided, however,that in no event shall such documents be forwarded to CITY later than twenty-one (21) days after SUB-RECIPIENT'S receipt of such documents. 6. SUB-RECIPIENT shall cooperate with the CITY to facilitate the maintenance of financial records by the CITY as required by Title 24 CFR 85. B. Upon submission of an acceptable claim for Grant Funds, CITY shall process such claim and shall approve such claim for payment following approval by the City's Community Development Department, for compliance with this Agreement and applicable HUD requirements. C. Except as provided for in Section IX and X herein, CITY shall pay all required payments against eligible project costs, as described in Section II.B, incurred by SUB-RECIPIENT under this Agreement. VIII. ADMINISTRATION AND REPORTING REQUIREMENTS A. SUB-RECIPIENT shall administer the Grant Funds in conformance with the regulations, policies, guidelines and requirements of OMB Circular numbers A-110, A-122, and A- 133, as they relate to the acceptance and use of federal funds for the PROJECT. B. SUB-RECIPIENT shall submit all required information to show compliance with applicable laws, rules and regulations, as specified in this Agreement and shall submit to CITY a quarterly progress report no later than the 10th day of the month following the Page 7 of 19 activity being reported. SUB-RECIPIENT shall comply with all reporting and other requirements as specified in Exhibit "B" attached hereto and made a part of this Agreement. C. Relocation of Tenants SUB-RECIPIENT shall comply with the requirement under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. SUB-RECIPIENT shall maintain a separate relocation file for each displaced person/business for at least three years after the project has been completed or the person/business has received final relocation payments, whichever is later. Relocation costs must be paid to any tenant (residential or nonresidential) who occupies any building being acquired and is forced to move without cause. Waiver of rights to relocation costs can only be done by a single family homeowner. D. Management Plan and Operating Budget of the Facility SUB-RECIPIENT shall maintain, and keep current, a management plan and operating budget stating policies governing the operation of the facility and shall keep this plan and budget on file with the CITY. IX. TERMINATION OF AGREEMENT OR SUSPENSION OF PAYMENT A. During the implementation of the PROJECT, CITY may terminate this Agreement or may suspend payment of Grant Funds to SUB-RECIPIENT for SUB-RECIPIENT'S substantial breach of this Agreement, abandonment of the PROJECT or occurrence rendering impossible the performance by SUB-RECIPIENT of this Agreement. B. During the implementation of the PROJECT, the CITY may suspend payments of Grant Funds, due to use of funds in a manner unrelated to or in breach of this Agreement relative to, SUB-RECIPIENT'S performing the PROJECT, failure by SUB-RECIPIENT in submitting supporting information or documentation for a claim, submission by SUB- RECIPIENT of incorrect or incomplete reports, or SUB-RECIPIENT'S suspension of its pursuit of the PROJECT. C. In the event CITY elects to terminate this Agreement or to suspend payments, for any reason stated herein above in paragraph A and B of this Section IX, it shall notify the SUB-RECIPIENT, in writing, of such action, specifying the particular deficiency, at least five (5) working days in advance of any such action and establishing a time and a place for the SUB-RECIPIENT to refute the alleged deficiency at a time prior to CITY'S taking such action. After allowing the SUB-RECIPIENT the opportunity to refute or correct the alleged deficiency, if the alleged deficiency continues to exist, in the opinion of the CITY, the CITY may withhold payment of the Grant Funds until such time as the violation or breach is remedied. No action taken or withheld by the CITY under this paragraph shall relieve the SUB-RECIPIENT of its liability to the CITY for any funds expended in violation of any of the terms of this Agreement. D. SUB-RECIPIENT shall transfer to the CITY any unused CDBG funds and submit all billings attributable to this Project at the time this Agreement terminates or is suspended. r Page 8 of 19 • X. REMEDIES A. To the fullest extent permitted by law, SUB-RECIPIENT agrees to and shall indemnify, defend and hold harmless the CITY, its officers, employees, boards and commissions from and against any and all claims, suits,judgments, costs, attorneys fees, damages or any and all other relief or liability arising out of or resulting from or through, or alleged to arise out of, any breach of this Agreement; misuse or misapplication of funds derived pursuant to this Agreement by SUB-RECIPIENT; violation of any statutes, rules and regulations, directly or indirectly, by SUB-RECIPIENT and/or any of its agents or representatives; or any negligent acts or omissions of SUB-RECIPIENT or of SUB- RECIPIENT'S officers, employees, agents or subcontractors. In the event of any action against the CITY, its officers, employees, agents, boards or commissions covered by the foregoing duty to indemnify, defend and hold harmless, such action shall be defended by legal counsel of CITY'S choosing. The provisions of this paragraph shall survive any termination and/or expiration of this Agreement. B. In the event of loss of approved Grant Funds for the PROJECT as a result of any violation or breach of this Agreement by the CITY, misuse or misapplication of funds received from HUD unrelated to the PROJECT, or any violation of the statutes,rules and regulations of HUD, directly or indirectly, by CITY and/or any of its agents or representatives, CITY'S liability to SUB-RECIPIENT shall be limited to any funds which have previously been provided to sub-recipient pursuant to this Agreement. SUB- RECIPIENT hereby waives and releases CITY from any and all other liability pursuant to any such breach, misuse,misapplication or violation of statutes, rules or regulations. C. In the event HUD, or any other federal agency,makes any claim which would give rise to Aal) invoking the remedy provisions, as set forth in paragraph A or B of this Section X, then the CITY or SUB-RECIPIENT shall immediately notify the other party, in writing, providing the full details of the alleged violation. To the extent that any such matter is not subject to exclusive federal jurisdiction, venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this Agreement between the CITY and SUB-RECIPIENT shall be in the Circuit Court of Kane County, Illinois. D. In addition to any remedies available to the CITY, if CITY has lost or been prevented from receiving any federal funds, other than the Grant Funds, as a result of any alleged violation of law or other breach of this Agreement by SUB-RECIPIENT, the SUB- RECIPIENT shall repay, upon demand by the CITY, such amount of Grant Funds previously disbursed or allegedly due to the SUB-RECIPIENT. XI. TIMELINESS A. Time is of the essence of this Agreement. SUB-RECIPIENT shall meet the schedule deadlines listed below. Any milestone which the SUB-RECIPIENT does not achieve within two months of the date listed will result in the SUB-RECIPIENT submitting a revised implementation schedule for approval by the City's Community Development staff. Failure to achieve these deadlines may result in the loss or reduction of grant funds at CITY's discretion. I Page 9 of 19 eft- Actions Date 1. Prepare Bid Specification January 31,2013 2. Bids Solicited March 1, 2013 3. Select Contractor May 1, 2013 4. Construction Begins June 1, 2013 5. Construction Completed December 1, 2013 B. SUB-RECIPIENT. Shall complete the PROJECT within twelve (12) months from the date of this Agreement. However, in the event of any alterations or additions or of circumstances beyond the control of SUB-RECIPIENT, which in the opinion of the Community Development Director will require additional time for completion of said expenditures, then in that case, the time of completion shall be extended by the Community Development Director by a period of time not to exceed six(6)months. C. If SUB-RECIPIENT is delayed in the completion of the PROJECT by any cause legitimately beyond its control, as determined by the CITY, such that it cannot complete the PROJECT within eighteen (18) months of the date of this Agreement, it shall immediately give written notice to the CITY of the anticipated delay, the reasons therefore and request an extension of time for completion of the PROJECT. CITY's Community Development Director shall consider any such request and shall make a recommendation to CITY's City Council as to whether in his sole discretion he considers such an extension to be reasonable and necessary, under the totality of circumstances to be required for completion of the PROJECT due to the particular circumstances. The CITY's City Council shall act upon the extension request and recommendation of the Community Development Director and notify the SUB-RECIPIENT whether the time extension is granted or denied, and the CITY's intention to exercise the remedies available herein, including but not limited to suspension of further payments. A revised implementation schedule shall be submitted by SUB-RECIPIENT if an extension is granted by the CITY. XII. MISCELLANEOUS PROVISIONS A. AMENDMENTS - This Agreement constitutes the entire Agreement between the parties hereto. There are no other agreements, either oral or implied, between the parties hereto regarding the subject matter hereof. Any proposed change in this Agreement shall be submitted to the other party for prior approval. No modifications, additions,deletions, or the like, to this Agreement shall be effective unless and until such changes are executed, in writing, by the authorized officers of each party. B. SUBJECT TO FINANCIAL ASSISTANCE AGREEMENT - This Agreement is made subject to financial assistance agreements between the CITY and the United States Department of Housing and Urban Development, with the rights and remedies of the parties hereto being in accordance with any such agreements. riuk. Page 10 of 19 C. ASSIGNMENT - Except as provided in Sections V and VI hereof, SUB-RECIPIENT shall not assign this Agreement or any part thereof and SUB-RECIPIENT shall not transfer or assign any Grant Funds or claims due or to become due hereunder,without the written approval of the CITY having first been obtained. D. ATTORNEY'S OPINION - If requested, SUB-RECIPIENT shall provide an opinion of its attorney, in a form reasonably satisfactory to the CITY, that all steps necessary to adopt this Agreement, in a manner binding upon SUB-RECIPIENT, have been taken by SUB-RECIPIENT, and that SUB-RECIPIENT is in compliance with applicable local, state and federal statues, rules and regulations for the purpose of complying with this Agreement. E. HEADINGS - The section headings of this Agreement are for convenience and reference only and in no way define, limit, or describe the scope or intent of this Agreement, and should be ignored in construing or interpreting this Agreement. F. The terms of this Agreement shall be severable. In the event any of the terms or provisions of this Agreement are deemed to be void or otherwise unenforceable for any reason,the remainder of this Agreement shall remain in full force and effect. G. This Agreement shall not be construed to create a joint venture, partnership, employment or other agency relationship between the parties hereto. H. Venue for the resolution of any disputes or the enforcement of any rights between the parties hereto arising out of or in connection with the terms and provisions of this Agreement shall be in the Circuit Court of Kane County, Illinois. Page 11 of 19 rik IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the dates recited below. CITY OF ELGIN, an Illinois Municipal Corporation BY: Sean R. Stegall City Manager DATE: ATTEST: Kimberly Dewis City Clerk SUB-RECIPIENT: The Larkin Center 1212 Larkin Avenue,Elgin, Illinois 60123 BY: Dennis Graf Executive Director DATE: ATTEST: r Page 12 of 19 EXHIBIT B ASSURANCES The SUB-RECIPIENT hereby warrants and represents that it will comply with the regulations, policies, guidelines and requirements with respect to the acceptance and use of CDBG funds in accordance with the ACT and the City of Elgin policies. Also, the SUB-RECIPIENT certifies with respect to the grant that: 1. It possesses legal authority to make a grant submission to the CITY and to execute a community development and housing program; 2. Its governing body has duly adopted or passed as an official act, a resolution, motion or similar action authorizing the person identified as the official representative of the SUB-RECIPIENT to execute this Agreement, all understandings and assurances contained herein, and directing the authorization of the person identified as the official representative of the SUB-RECIPIENT to act in connection with the execution of this Agreement and to provide such additional information as may be required. 3. Prior to submission of its application to the City,the SUB-RECIPIENT has: (A) Met the citizen participation requirements of 570.301(b)and has provided citizens with: (1) The estimate of the amount of CDBG funds proposed to be used for activities that will benefit persons of low and moderate income; and (2) Its plan for minimizing displacement of persons as a result of activities assisted with CDBG funds and to assist persons actually displaced as a result of such activities; (B) Prepared its application in accordance with the policies of the City of Elgin and made the application available to the public; 4. The grant will be conducted and administered in compliance with: (A) Title VI of the Civil Rights Act of 1964(Pub. L. 88-352 42 U.S.C. Sec 2000d et seq.)and implementing regulations issued at 24 CFR Part I; (B) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-208), as amended; and that the SUBGRANTEE will administer all programs and activities related to housing and community development in a manner to affirmatively further fair housing; (C) Section 109 of the Housing and Community Development Act of 1974, as amended; and the regulations issued pursuant hereto; (D) Section 3 of the Housing and Urban Development Act of 1968,as amended; (E) Executive Order 11246-Equal Opportunity, as amended by Executive Orders 11375 and 12086, and implementing regulations issued at 41 CFR Chapter 60; (F) Executive Order 11063-Equal Opportunity in Housing, as amended by Executive Order 12259, and implementing regulations at 24 CFR Part 107; Page 14 of 19 (G) Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended, and implementing regulations when published in effect; (H) The Age Discrimination Act of 1975 (Pub. L. 94-135), as amended, and implementing regulations when published for effect; (I) The relocation requirements of Title II and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and the implementing regulations at 24 CFR Part 42, as required under 24 CFR 570.606; (J) The labor standards requirements as set forth in 24 CFR Part 570, Subpart K and HUD regulations issues to implement such requirements; (K) Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 11738 relating to the prevention,control and abatement of water pollution; (L) The flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (Pub. L. 93-234); (M) The Fair Housing Act(42 U.S.C. 3601-20); 5. Its notification, inspection, testing and abatement procedures concerning lead-based paint will comply with 570.608; and 6. When a grant is in excess of$100,000 it will comply with all applicable standards, orders, or 41111) requirements issued under Section 308 of the Clean Air Act (42 U.S.C. 1857(h), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulation (40 CFR Part 15), which prohibit the use under nonexempt Federal contracts, grants or loans, of facilities included on the EPA list of Violating Facilities. The provision shall require reporting of violations to the County, HUD, and to the AESOP Assistant Administrator for Enforcement(EN-329). 7. It has developed its application so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight; (the application may also include activities which the SUB-RECIPIENT certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); 8. It is following the current City of Elgin Consolidated Plan which has been approved by HUD pursuant to 570.306; and 9. It will not attempt to recover any capital costs of public improvements assisted in whole or in part with funds provided under Section 106 of the ACT or with amount resulting from a guarantee under Section 108 of the ACT by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a 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 Page 15 of 19 under Title I of the ACT; or (2) for purposes of assessing any amount against properties owned and occupied by low and moderate income persons, the SUB-RECIPIENT certifies that it lacks sufficient funds received under Section 106 of the ACT to comply with the requirements of subparagraph(1)above. 10. The SUB-RECIPIENT certifies that it will provide a drug-free workplace by: (A) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the SUB- RECIPIENT's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (B) Establishing a drug-free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The SUB-RECIPIENT's policy of maintaining a drug-free workplace; (3) Any available drug counseling,rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. (C) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph(A); (D) Notifying the employee in the statement required by paragraph (A) that, as a condition of employment under the grant,the employee will: (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; (E) Notifying the City of Elgin's Community Development Department within ten (10) days after receiving notice under subparagraph (D)(2) from an employee or otherwise receiving actual notice of such conviction; (F) Taking one of the following actions, within 30 days of receiving notice under subparagraph(D)(2),with respect to any employee who is so convicted: (1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (G) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs(A), (B), (C),(D), (E) and(F). 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. Page 16 of 19 12. In regards to lobbying,the SUB-RECIPIENT certifies: (A) No Federal appropriated funds have been paid or will be paid, by or on behalf of the SUB-RECIPIENT, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract,grant, loan,or cooperative agreement. (B) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (C) The SUB-RECIPIENT shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352,title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. I Page 17 of 19 EXHIBIT C EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION Community Development Block Grant Program City of Elgin The undersigned understands and agrees that it is a SUB-RECIPIENT of the Community Development Block Grant Program of the CITY. The undersigned also agrees there shall be no discrimination against any employee who is employed in carrying out work from the assistance received from the CITY and HUD, or against any applicant for such employment, because of race, color, religion, sex, age or national origin, including but not limited to employment, upgrading, demotion or transfer; recruitment or recruitment advertising; lay off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The SUB-RECIPIENT further agrees to the following: (1) It will incorporate or cause to be incorporated into any grant contract, loan, grant insurance or guarantee involving Federally assisted construction work, or modification thereof, which is paid for in whole or in part with funds obtained from the Community Development Block Grant program,the language contained in HUD Equal Employment Opportunity Regulations at 42 CFR 130.15(b), in Executive Order 11246, as amended by Executive Orders 11375 and 12006, and implementing regulations issued in 41 CFR Chapter 60. (2) It will be bound by said equal opportunity clause with respect to its own employment practices when it participates in any Community Development Block Grant Program construction. (3) It will assist and cooperate actively with the CITY, HUD, and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations and relevant orders of the Secretary of Labor. (4) It will furnish the CITY, HUD, and the Secretary of Labor such information as they may require for the supervision of such compliance, and will otherwise assist the CITY and HUD in the discharge of primary responsibility for securing compliance. (5) It will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from or who has not demonstrated eligibility for government contracts and federally assisted construction contracts pursuant to the Executive Order. (6) It will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the Secretary of Labor,the CITY or HUD. (7) In the event that SUB-RECIPIENT fails or refuses to comply with the undertaking, the CITY, or HUD may take any or all of the following actions: cancel, terminate or suspend, in whole or in part, this grant, refrain from extending any further assistance to the SUB-RECIPIENT until satisfactory assurance of future compliance has been received; and refer the case to HUD for appropriate legal proceedings. r Page 18 of 19 I SUB-RECIPIENT: The Larkin Center 1212 Larkin Avenue, Elgin, Illinois 60123 BY:_ Dennis Graf, Executive Director DATE: ATTEST: I I Page 19 of 19 ELGIN THE CITY IN THE SUBURBS- DATE: December 18, 2012 TO: Sarosh Saher, Senior Planner FROM: Jennifer Quinton, Deputy City Clerk SUBJECT: Resolution No. 12-184 Adopted at the December 14, 2012, Council Meeting Enclosed you will find the agreement listed below. Please distribute this agreement to the other party and keep a copy for your records if you wish. If you have any questions please feel free to contact our office 847-931-5660 and we will do our best to assist you. Thank you. • Community Development Block Grant Sub-Recipient Agreement with The Larkin Center