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12-185
Resolution No. 12 -185 RESOLUTION AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT SUB - RECIPIENT AGREEMENT WITH ASSOCIATION FOR INDIVIDUAL DEVELOPMENT, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a community development block grant sub - recipient agreement on behalf of the City of Elgin with Association for Individual Development, Inc. for recreational and safety modifications, 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: Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk AGREEMENT BETWEEN THE CITY OF ELGIN AND ASSOCIATION FOR INDIVIDUAL DEVELOPMENT, INC 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 ASSOCIATION FOR INDIVIDUAL DEVELOPMENT, INC., a not - for -profit corporation incorporated pursuant to the laws of the State of Illinois, (hereinafter called "SUB - RECIPIENT") having a principal place of business at 1135 Bowes Road, 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 16, 2011, submitted by the SUB - RECIPIENT entitled "Recreational and Safety Modifications to Bowes Road and Maple Lane ", 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 provide safe indoor and outdoor recreational opportunities, such as exercise, group sports and gardening for its clients at the agency's main building , located at 1135 Bowes Road, Elgin, Illinois, and one of the group homes, located at 1482 Maple Lane, Elgin, Illinois. About 150 low and moderate- income clients of the agency will benefit from the Association's program in its 2012 -2013 fiscal year. The subject building will serve 100 percent low and moderate income persons as defined by 24 CFR 570.208 (a) (2) (i) (A). Such funding shall be used only for (i) the installation of a 6 foot high along the rear yard of the main facility, (ii) the renovation the porch at the Maple Lane group home, and (iii) 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. Page 1 of 19 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. 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 SUS - 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." Page 2of19 E. F Quarterly Progress Reports 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 1st and ending on May 31" of the following year. The quarterly progress report shalt be submitted until the completion of the project or until directed to discontinue such reports in writing by the CITY. 2. Quarterly progress reports shall be due on the 10`' day of the month 'following, the end of the quarter, for the previous quarter's activities. The SUB - RECIPIENT shall Development Department and number of clients served eac h female headed households). Request for Payment use a form provided by the Community shall include all required information about the quarter (by race, income, and the number of 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- RECIPEENT (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 Page 3 of 19 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 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 SUS - RECIPIENT'S undertaking to perform the PROJECT, a maximum of $40,104 (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. 154848 and Account No. 230 - 0000 - 791.93 -36 in the amount of $40,104, 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 Association's main building , located at 1135 Bowes Road, Elgin, Illinois, and at the group home, located at 1482 Maple Lane, Elgin, Illinois, 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 Association for Individual Development, for the breach of any other terms of this Agreement. D. Upon project completion as specified in Section 11, 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. Page 4 of 19 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 au 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. D. SUB - RECIPIENT, in performing under this Agreement, shall: 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 Iaws 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. Page 5 of 19 I. SUB- RECIPIENT shall adopt the audit requirements of the Office of Management and Budget (hereinafter "OMB ") Circular A -133, "Audits of Institutions of Higher Learning and Other Non - Profit Institutions." SUB - RECIPIENT shall submit to the CITY one copy of said audit report. SUB - RECIPIENT shall permit the authorized representatives of the CITY, HUD and the Comptroller General of the United States to inspect and audit all data and reports of the SUB- RECIPIENT relating to its performance under 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 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. V1. 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. Page 6 of 19 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: SUB - RECIPIENT shall submit a listing of all disbursements of CDBG funds, on a form provided by the CITY; 2. Any claim for advancement of CDBG funds shall be limited to an amount necessary for SUB - RECIPIENT to meet specific cash requirements for the PROJECT and shall be disbursed by SUB - RECIPIENT within three (3) working days of receipt by SUB - RECIPIENT; 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 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. 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 SUS - RECIPIENT'S receipt of such documents. 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. Page 7 of 19 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 11.13, incurred by SUB - RECIPIENT under this Agreement. VIII. ADMINISTRATION AND REPORTING REQUIREMENTS A. SUB- RECIPIENT shall administer the Grant Funds in conformance with the regulations, policies, guidelines and requirements of OMB Circular numbers A -110, 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 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 personibusiness 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. Page 8 of 19 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 SUS - 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. 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. Page 9 of 19 XI. 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. TIMELINESS A. Time is of the essence deadlines listed below. within two months of t revised implementation staff. Failure to achieve at CITY's discretion. of this Agreement. SUB - RECIPIENT shall meet the schedule Any milestone which the SUB - RECIPIENT does not achieve he date listed will result in the SUB - RECIPIENT submitting a schedule for approval by the City's Community Development these deadlines may result in the loss or reduction of grant funds Actions Date 1. Prepare Bid Specification February 1, 2013 2. Bids Solicited April 1, 2013 3. Select Contractor June 1, 2013 4. Construction Begins July 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. Page 10 of 19 X11. 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. 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 SUB - RECIPIENT: Association for Individual Development, Inc. 1135 Bowes Road, Elgin, Illinois 60123 M BY: ci v C) Lynn O'Shea Executive Director DATE: oT 6 e G wjbtliJ % o i 2- Page 12 of 19 EXHIBIT A SUB - RECIPIENT'S CDBG APPLICATION Page 13 of 19 RECEIVED PROPQSAL APPLICATION FQR CDBG FUNDING: THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) DEr 1 6 ZQ 1 ENTITLEMENT PROGRAM FISCAL YEAR 2012 -2013 OITY OF ELGIN JUNE 1, 2012 THROUGH MAY 31, 2013 Organization Name: Association for Individ_ua(_Development Project Name: Recreational and safety modifications to Bowes Road and Maple Lane Project Address: 1135 Bowes Road and 1482 Maple Lane Elgin IL 60123 Exec Director Name: Lynn O'Shea Address: 1135 Bowes Road Eiein, IL 60123 Telephone # 630.966.4001 Fax #: 630.844.2065 Email Address: loshea@the- association.ora Website (if applicable): www.t ee- association.org Employer (IRS) ID #: M- 2472745 DUNS #: 074573700 Contact Name: Christie Plotzke Title: Grants Coordinator Contact Telephone #: 847.931.2292 Fax #: 847.888.6079 Contact Email: cplotzke @the- association.org Website (if applicable): www.the- association.org PROJECT FUNDING REQUEST 540,704 $4,456 CDBG Funds Requested Funding leveraged from other Sources Check the category, which describes the type of funding, requested: ❑ Housing ❑ Economic Development Public Facility ❑ Public Service Infrastructure Other BRIEF PROJECT DESCRIPTION: Please provide a one- sentence statement about our project —not your organization. Safety improvements and rehabilitation will help open doors to recreational opportunities, sports, exercise and other activities for individuals with disabilities living and working in Elgin. City of Elgin CDBG Application FY 2012 -2013 Application Page 15 CONSTRUCTION PROJECTS ONLY Public Improvements /Construction Activity Application Form Project Name /Title: Recreational and safety modifications to Bowes Road and Maple Lane Agency Name: Association for Individual Development Agency Address: 1135 Bowes Road City: Elgin State: IL Zip: 60123 1. Project Description (Attach additional sheets as necessary.) a. Provide a detailed description of the facilities to be provided or improved. Identify major components of proposed work and state estimated quantities: The Elgin Area Services Training Center located at 1135 Bowes Road is a 40,000 square foot building that was constructed in 2005 and is owned and operated by AID. The building houses an employment training program for individuals with developmental disabilities. The facility needs a perimeter fence (6ft high) in the back of the building to enclose the yard so that clients might engage in outdoor activities like exercise, group sports and gardening in the spring and summer months. The building is located in a high traffic industrial park. The fence would provide clients with guaranteed protection when outside the building. 1 The Maple Lane group home located at 1482 Maple Lane was built in 1966 and is home to 6 individuals with developmental disabilities who receive around - the -clock supervision, guidance and care. The east porch needs to be renovated into a usable space for recreational activities for the residents. Currently, the room is not climate controlled and the windows are not energy efficient. b. Indicate the primary function of the facilities to be provided or improved: Each day at the Bowes Road training center, approximately 100 clients learn and perfect skills that will enable them to obtain and maintain community employment. The training center also houses a classroom setting with a curriculum for 44 individuals with severe and profound disabilities including Autism. These clients learn life and social skills and work on ways to reduce negative behavior and promote positive interactions with peers and the others in the community. These skills help them to participate in activities and to explore their surrounding communities through outings and educational experiences. i The six individuals living at the Maple Lane group home live like a family. They work on becoming more independent and contribute to running a household. Individuals learn about hygiene, basic care, laundry and I housekeeping, light cooking and nutrition, medication management and simple budgeting. c. Readiness to Proceed: (i) Do you have an architect /engineer under contract? If so provide name. N Yes 0 No Richard DalBello I (ii) Do you have preliminary plans /drawings completed (If so, attach)? 0 Yes ■ No (ii) Do you have project cost estimates completed (if so attach)? ■ Yes ❑ No City of Elgin CDBG Application FY 2012 -2013 Application Page 16 (using Davis Bacon Wage Rate and Labor Stand ards) 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. June 2012. Please see attached deeds for the Bowes Road training center and the Maple Lane group home. CONSTRUCTION PROJECTS ONLY 2. Project Location: Preliminary cost estimates have been gathered for all project components. If award is granted, bid packets a. Project Address /Location: (Include photographs) June 2012. 1135 Bowes Road Elgin IL 60123 1482 Maple Lane Elgin IL 60123 Census Tract(s): 8519.02 Block Group(s): b. Indicate if the project is located in, or will have any impact on, the following: f Please indicate Yes or NO) (i) National Register Historic District (ii) Designated Wetlands Area (iii) Land Use /Zoning Change Yes ■ No 1 Yes ■ No Yes N No If yes, explain: j If yes, explain: If yes, explain: (iv) Environmental Hazards 0 Yes ■ No If yes, explain: I c. Provide a time line for the project and current status of project progression: Construction Bid Period: June 2012 Start Date; July 2012 Completion Date: September 2012 Status: Preliminary cost estimates have been gathered for all project components. If award is granted, bid packets will be prepared and the bidding process will begin in June 2012. City of Elgin CDBG Application FY 2012 -2013 Application Page 17 i 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. Bowes Road fence: The Bowes Road day training program is located in an industrial park that sees heavy truck and car traffic each day. The building has a large, open back property that would be ideal for outdoor activities and an exercise area for clients but without a fence the clients' safety is compromised. Currently, the clients do not use the back yard area. However, it has the potential to be a wonderful place for games, exercise, group sports and team activities and gardening and horticulture. Installing a fence around the perimeter of the backyard would give clients a whole new area in which to learn, train and grow. All. individuals receiving services at AID are low to moderate income persons. Maple Lane porch: The Maple Lane house has a shoddily enclosed porch on the East side of the house that could be transformed into a recreational activities room for the six residents. The porch is currently not energy efficient or climate controlled. Once new windows are installed and the climate is controlled, clients will be able to use the space to watch TV, play games, participate in educational group activities and socialize with one another. I i --i b. Describe in quantifiable terms the goals to be achieved by your project during the proposed funding period, and 'now the recipients of your services will be benefited or changed. AID will install a perimeter fence at the Bowes Road facility and will transform the existing porch at the Maple Lane house into a recreational room. Both of these projects will provide increased safety and comfort as well as provide opportunities for recreational and educational activities for the 150 individuals with diverse disabilities who learn valuable job, daily living and social skills at the facilities each day. i i i I i I i I { City of Elgin CDBG Application FY 2012 -2013 Application Page 18 CONSTRUCTION PROJECTS ONLY '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 19 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 \agency \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 Hain CDBG Application FY 2012 -2013 Aoolica! ion Paqe 20 2. PROJECT ELIGIBILTY SECTION A. This project is located in 8519.02 Census Tract(s) ftdentify 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: ❑ LIM Area Benefit: the project meets the identified needs of L/M income persons residing in an area where at least 51°% of those residents are L/M income persons. The benefits of this type of activity are available to all persons in the area regardless of income. Examples: street improvements, water /sewer lines, neighborhood facilities, X acade improvements in neighborhood commercial districts. LIM 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. ❑ LIM Jobs: the project creates or retains permanent jobs, at least 51% of which are taken by L/M income persons or considered to be available to L/M income persons. Examples: loans to pay for the expansion of a factory, assistance to a business which has publicly announced its intention to close w /resultant loss of jobs, a majority of which are held by L/M persons. ❑ Micro Enterprise 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 CCBG Application FY 2012 -2013 Applicafion Page 21 ❑ 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 CCBG Application FY 2012 -2013 Application Page 22 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 ❑ Infrastructure ❑ Affordable Housing v Public Facilities Activity Activity Activity safety construction and energy efficiency rehabilitation ❑ 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 • Neighborhood Vitality ❑ ❑ Economic Growth and Diversified Tax ❑ Base ❑ ❑ Recreational, Leisure and Cultural Opportunities for all Citizens o PROPOSED PROJECT ACCOMPLISHMENTS Quality Housing River as a Resource Alive Downtown Financially Stable City Government Customer Service Diverse Management Staff 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 LMl individuals, this program will create 25 jobs, etc.) PROPOSED ACCOMPLISHMENTS: This program will provide safe, energy efficient public facilities to 150 LMl individuals with diverse disabilities living in Elgin and the surrounding communities. This construction project will also create work for several local tradesmen as they build a perimeter fence and renovate a small group home porch to make it more energy efficient and a usable recreational space for residents. Please answer the following questions: A. What is the total estimated number of persons to be served by this project? S© B, What is the total estimated number of L.MI persons to be served by this project? 15i 0 C. What is the anticipated percentage of LM persons to be served by this project? 1Oq% Ci-y of Elg'n CDBG Application FY 2012 -2013 Application Page 23 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. Bowes Road fence: The Bowes Road day training program is located in an industrial park that sees heavy truck and car traffic each day. The building has a large, open back property that would be ideal for outdoor activities and an exercise area for clients but without a fence the clients' safety is compromised. Currently, the clients do not use the back yard area However, it has the potential to be a wonderful place for games, exercise, group sports and team activities and gardening and horticulture. Installing a fence around the perimeter of the back yard would give clients a whole new area in which to learn, train and grow. All individuals receiving services at AID are low to moderate income persons. The Bowes Road perimeter fence is a new activity. Maple Lane porch: The Maple Lane house has a shoddily enclosed porch on the East side of the house that could be transformed into a recreational activities room for the six residents. The porch is currently not energy efficient or climate controlled. Once new windows are installed and the climate is controlled, clients will be able to use the space to watch TV, play games, participate in educational group activities and socialize with one another. Recreational and social activities are vital to helping individuals gain independence, confidence and demonstrate appropriate and positive behavior when interacting with others. This project was originally included in an application from a previous year but funding restrictions excluded it at that time. B. Identify who will benefit from the proposed activity (e.g. homeless, youth, seniors, disabled, et cetera). If designed to benefit persons of L/M income, describe the process you will use to identify these persons and ensure that the activity meets this objective. (An LMl certification form is included in the RFP Pocket). Individuals with disabilities residing in Elgin will benefit from this proposed activity. These individuals receive services at AID and are all determined to be low /moderate income. AID provides services to individuals who are eligible for some state funding: the state only approves funding for individuals with low or no income. C. Identify the accomplishments you intend to achieve with this activity. Provide an activity timeframe /schedule (include start, completion dates, and other significant stages). This project will provide safe and energy efficient recreational spaces at buildings that house AID day programs, vocational programs and 24/7 residential services. The project will begin in early June 2011. The target completion date is early September 2011. The construction bid process will begin once CDBG awards have been announced (and once it is learned that AID is a chosen recipient of CDBG funds). An architect will draw plans for the Maple Lane porch renovation. City of Elgin CDBG Application FY 2012 -2013 Application Page 24 4. ORGANIZATIONAL CAPACITY Please answer the following questions in the space provided. A. Provide an overview of your organization including length of time in existence. Attach a list of current officers and board members with terms. For fifty years, The Association for Individual Development (AID) has served individuals with developmental, physical and /or mental disabilities, those who have suffered a trauma and those at risk. Vital, life - enriching services include: early intervention; developmental therapy; audiology; respite care; permanent housing; in -home support; developmental and vocational training; job placement and on -the -job coaching services; crisis intervention; victims services; community education; mental health treatment; behavioral intervention and advocacy. With more than 20 programs operating in 45 communities, AID is a leading provider of services that address the unique needs of individuals throughout every stage of their lives. A person - centered approach coupled with innovative practices ensures the highest level of accomplishment. Our mission is to empower individuals with disabilities, mental illness and special needs to achieve independence and community inclusion. AID is a United Way partner agency and accredited by the Commission on Accreditation of Rehabilitation Facilities ICARF). AID annually serves more than 5,100 individuals with disabilities in Kane, Kendali, DeKalb, DuPage, Will, and suburban Cook Counties. AID currently operates 5 day program /training centers in Elgin, Aurora, Batavia and Yorkville, a mental health center in Aurora and 29 group homes scattered throughout Kane and Kendall Counties. Please see attached list of current Board members with terms and occupations. 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. AID owns and operates 29 group homes in the Fox Valley Area as well as several public facilities. Several of the AID group homes are HUD projects. AID has been responsible for the planning, construction and /or rehabilitation and renovation of nearly all homes and buildings. The Director of Maintenance, Purchasing, Building Projects and Transportation has many years of experience in working with architects, contractors and laborers. We have received Elgin CDBG funds for many years. We are also the past and current recipient of Kane County and Aurora CDBG funding. 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 AID Director of Maintenance, Purchasing, Building Projects and Transportation will be responsible for the construction project from inception to completion. This position is current and 5% of the salary is included in the CDBG request. City of Elgin CDBG Application FY 2012 -2013 Application Page 25 D. Identify any other agencies /partners in this activity and define the roles and responsibilities of these partners. N/A E. Demonstrate that the proposed activity is economically feasible and can be implemented in a timely cost effective manner within the proposed program year. The activity is cost effective, economically feasible and will be completed within three months in FY 2013. F. Oftentimes protects 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. If the Elgin CDBG award was less than requested, the project manager would evaluate the project to determine which components could be deferred to a time when funding can be secured from another source. The project would proceed with a revised scope of work that eliminated items we were unable to afford given a reduced award. City of Elgin CDBG Application FY 2012 -2013 A -7 Application Page 10 Application Page 26 5. FINANCIAL The City encourages CDBG funds to be utilized as gap funding. A gap is defined as the amount of funding necessary to run a program after all other funding sources have been identified, thus leveraging is very important in the application process. ACTIVITY BUDGET Please answer the following questions in the space provided. You may reference and attach an additional page if necessary. A. Complete the Budget Summary chart. More detailed budgets may be attached (and are strongly recommended) in support of the proposal B. Identify sources of leveraged funding for this activity. Include the status of these funds (i.e. cash on hand, grants received, planned fund - raising, etc.). Attach copies of funding commitment letters or other evidence of funding support. C. Leverage- Consideration will be given to the amount of non -CDBG funds committed to the project. BUDGET SUMMARY Category Breakdown CDBG- Leveraged Funds Source of Total Funds Leveraged Funds Personnel 1 $3510 j $390 AID- planned 3 940 j fundraising Contractual Services $36,594 $4,066 AID planned $40,660 (Specify) fundraising Rent & Utilities $0 $0 $0 $0 i r communications $0 $o $o $0 Tr $0 $0 $0 $0 — — i Other Specify: $0 $0 $0 $0 — I I i� J Total CDBG Request $40,104 Total Other Funds $4,546 Grand Total $41456 AID planned $44;560 $40,104 fundraising f *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 27 BUDGET DETAIL This section provides back -up for each line item shown in the Budget Summary Chart. Please make certain this detailed breakdown is consistent with the Program Budget. Round up to the nearest hundred. Please note: A job description for each person must be provided. A Note about the Staff /Salary Breakdown: Please show all proposed staff positions funded with CDBG funds that relate to the proposed activity. If multiple staff members have the same position /title, list separately (For example: Counselor 1, Counselor 2). Use an additional sheet if necessary. You must submit lob descriptions with your application for each position title identified below. Example:, Case Current $25,000 $5,000 $30000 x 40% _ $12,000 manager Director of Current $57554 $20,144 $77,698 x 5% - $3,900 Maintenance, Purchasing, Building Projects and Transportation 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. If the Elgin CDBG award was less than requested, the project manager would evaluate the project to determine which components could be deferred to a time when funding can be secured from another source. The project would proceed with a revised scope of work that eliminated items we were unable to afford given a reduced award. City of Elgin CDBG Application FY 2012 -2013 Application Page 28 Is this a Total Position Annual Total %Time Spent an current or Annual x _ Cost Position Title proposed Salary Fringe Annual this CDBG Requested Benefits Salary Project /Program position? from CDBG Example:, Case Current $25,000 $5,000 $30000 x 40% _ $12,000 manager Director of Current $57554 $20,144 $77,698 x 5% - $3,900 Maintenance, Purchasing, Building Projects and Transportation 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. If the Elgin CDBG award was less than requested, the project manager would evaluate the project to determine which components could be deferred to a time when funding can be secured from another source. The project would proceed with a revised scope of work that eliminated items we were unable to afford given a reduced award. City of Elgin CDBG Application FY 2012 -2013 Application Page 28 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. VoAn 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) V Articles of Incorporation Current List of Board of Directors w/ 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) W� IRS 50' (c)(3) Designation Letter (Pending letters will not be accepted) m/Current Fiscal Year Agency Budget, including all funding sources V Job Descriptions per budget detail. W�An Executed Statement of Applicant Form. W An Executed Signature Authorization Form. G /Conflict of Interest Disclosure Form. I hereby confirm that this packet contains all materials required. Signature and Printed Name Authorized Signer City of Elgin CDBG Application FY 2012 -2013 Application Page 28 B. STATEMENT OF APPLICANT The undersigned acknowledges the following: 1. That, to the best of its knowledge and belief, all factual information provided is true and correct and all estimates are reasonable. 2. That no revised proposals /applications may be made in connection with this application once the deadline for applications has passed. 1 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 projects) 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 projects) 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. 11 That, if a project is funded, a written agreement that includes a statement of work, records retention and reporting, program income procedures, local and federal requirements, circumstances that would trigger grant suspensions and terminations, and reversions of assets would be required between the organization and the City. 13. That a project's funding does not guarantee its continuation in subsequent action plans. 14, Provide written signatory authority from the organization's governing body indicating who can execute contracts and amendments on its behalf, Statement of Applicant continued on following page. City of Elgin CDBG Application FY 2012 -2013 Application Page 29 15. Agrees to abide by the City of Elgin's Conflict of Interest policy. Items of concern would include staff members serving on the Board of Directors, staff members' families serving on the Board of Directors, and other matters that may give the appearance of a conflict of interest. U.S. Code Title 18, Section 1001, provides that a fine of up to $10,000 or imprisonment for a period not to exceed five years, or both, shall be the penalty for willful misrepresentation and the making of false, fictitious statements, knowing same to be false. r ature b low, the applicant acknowledges the above in its name on this _ /Ca'/ day of 12011, 6y: (Signature) (Title) City of Elgin CDBG Application FY 2012 -2013 Application Page 30 C. Signature Authorization Form The Board of Directors of the Association for Individual Development (AID) does hereby resolve that on Wednesday December 7, 2011, the Board reviewed the application for Community Development Block Grant Funds (CDBG) 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 had 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. AID hereby proposes to provide the services or project identified in the Scope of Services in accordance with this application for CDBG 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 firlly 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 to have signatory authority regarding this grant: Lynn O'Shea A ! CEO Name Title 6_ Ci" / ,�. r President/Board of Directors IZk1 l tk pate i 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 CPR 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 (name of organization) A)P I certify that no conflict of interest exists between the subcontractors of and (name of organization) Al p IF A POTENTIAL CONFLICT EXISTS, COMPLETE THE FOLLOWING: ❑ I certify that a potential conflict of interest may exist between the City of Elgin and (name of organization) ❑ 1 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. 74 /r Signature of Authorized Agency Official Date Typed Name and Title City of Elgin CDBG Applicofion FY 2012 -2013 Application Page 32 Property Deeds SPECIAL WARRANTY DEED $Soo01'--.aG t'.0 L iyoF� 41 e+a SANDY WEGNAN RECORDER. KANE COUNTY, IL RECORDED ON 08/12/2005 02 ;44PM REG FEE: 25.00 RRSPS FEE: 10.00 PAGES: 4 This space reserved for Recorder's use only. TMS INDENTURE, made this 54- day of August, 2005, between BOWES ROAD DEVELOPMENT LLC, a limited liability company created and existing under and by virtue of the laws of the State of Illinois and duly authorized to transact business in the State of Illinois ( "Grantor ") and ASSOCIATION FOR INDIVIDUAL DEVELOPMENT, an Illinois not for profit corporation ( "Grantee "), whose address is 309 West New Indian Trail Court, Aurora, Illinois 60506. WT1'NESSETH, that Grantor, for and in consideration of the sum of TEN and 00 /100 DOLLARS ($10.00) in hand paid by Grantee, the receipt whereof is hereby acknowledged and, pursuant to authority, by these presents does CONVEY, GRANT, BARGAIN and SELL unto Grantee, and to Grantee's assigns, FOREVER, all of the following described Iand situate in the County of Kane and State of Illinois, known as described as follows, to wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF SUBJECT TO: (1) general real estate taxes not due and payable; (2) applicable zoning and building laws and ordinances; (3) acts done or suffered by Grantee or anyone claiming by, through or under Grantee; (4) recorded utility easements, if any; (5) covenants; conditions, restrictions, easements and agreements of record; (6) Subdivision Plat for Bowes Road Subdivision recorded in the office of the Kane County Recorder; and (7) Access and Utility Easement Grant, Permanent Real Estate Index Numbers: 06 -27430 -014 -0000; 006 -27- 277 -012 -0000; and 06 -27 -430- 013 -0000 Chicago Idle insurance Company Address of Real Estate: 1111 Bowes Road, Elgin, Illinois 60123. 1795 west Stain. Street Geneva, IL 60134 Together with all and singular the hereditaments and appurtenances thereunto belonging, in or any way appertaining, and the reversion and reversions, remainder aad N- \CLTENTS %1427- 39rSa1c Bowes Rd..Prop\SpeciatWana NDoed.doc STATE OF ILLINOIS ) ) SS. COUNTY OF C" co K ) 1, the undersigned, a Notary Public, in and for said County and State aforesaid DO HEREBY CERTIFY that '�)ovye.t personally known to be the Manager of Missner Group Asset -Management Company, L.L.C., the Manager of the Member of Bowes Road Development LLC, and personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that as such, he signed and delivered the said instrument, pursuant to authority given, as his free and voluntary act and as the free and voluntary act and deed of said Company for the uses and purposes therein set forth. ? Given under my hand and official seal this day of August , 2005. ALS- LNC�TA 4:_UNOIS N Public MY O 1/2007 Prepared By: Gregory A. Thorpe, Esq. Kubasiak, Fylstra, Reizen & Rotunno, P.C. 20 South Clark Street 29' Floor Chicago, Illinois 60603 Mail To: Mark Shea, Esq. Robert E. Nelson Law Office 30 South Stolp Avenue, Suite 402 Aurora, Illinois 60506 Name and Address of Taxpayer: Association for Individual Development iv-{ W. A1ENl Iti4ind TAAJL CT-• AUAO"' IL 60501p N:\C1,1ENTS11427 -MSa1e Bowes Rd. Prop\Specia(Warrn ybecd.dac "1/1�S-e( �E.'s? AIL- t11�C1 � � �. IdiiyidualEto g 7 `{ O g7 AUG -91 ;�l11: 00 Individual MAIL TO: 36 5Go4 •talc's Ave 1�+r trza iP., l��UtL SEND TAX BILL TO, ASSOCIATION FOR INDIVIDUAL DEVELOPMENT 309 W. NEW INDIAN TRAIL CT AURORA IL 60506 RECORDER'S USE ONLY The Grantor, MARY LEW SKJOLDAGER, a widow, of the City of Elgin, County of Kane, State of Illinois, for and in consideration of Ten and 00 /100 dollars, and other good and valuable considerations in hand paid, CONVEY(S) and WARRANTS(S) to: ASSOCIATION FOR INDIVIDUAL DEVELOPMENT, a not-for-profit organization in the State of Illinois 309 W. NEW INDIAN TRAIL CT., AURORA, IL 60506 the following described Real Estate situated in the State of Illinois, County of Kane to wit: Lot 10 of Maple Manor, Unit No. 4, in the City of Elgin, Kane County, Illinois. Subject to restrictions, easements, ordinances and covenants of record and taxes for the year 1996 and subsequent years. 7 hereby releasing and waiving all rights under by virtue of the 7 Homestead Exemption Laws of the State of Illinois. Permanent Index Number(s): 00 -15- 177 -029 -0000 Address of Property: 1482 MAPLE LANE ELGIN ILLINOIS 60123 � p y� J j Dated this .f /' day of 111 1992. t (seal) 6 n (sea MARY LEY�SZ10LOAM � � �hTslransac ion +s axamp un3� /° L provisions of Paragraph Section 31-45 of the Real Estzfta % Transfer tax law Date r CITY Or ELGIN n, a! Signature REAL ESTATE .TRANSFER STAMP. 1 f , 07400 '7�dF ....Z[ CIiIC 4Gq T;TLF IPISIiFAN� : CG. Kane Count Gtfiaesr- =3enrva, iL 60124 I:nne :132 -.2750 rP Construction quotes 4tummer2siwpm 0ele Gvmamxs srmam,a BAm �x�t lake bownemMiteuiAy7Wdykxe Add$ Paramount Fettte, Inc, Adds—^, —` 7lldpro!)a3aln�y tre armarawn aw KW#W # Rot asmow mwgn— days PAMf ~ Proposal -� ` � & Contract E E N C H pr m ornNd __-° INC. WAS RNer Street (HoLNE e5) . 9atavia, Illinpi5 60510 QH�' �, 2-p r I v _Pw mmov*eraecem p '"' C" ! t .teaR Slmet swrR a 680.406,8410 • 84'7.6za,5502 • MASS.= Pax 630,406.8423 sA A Rma `�. JIM Atd111APi I� ,Pi°'i � �OANe N0m6:. 6 iii^ h tq afi"{ . (,f AM . i. S 0 t S as rcp f, , C9AtY.t Name: X{ E , /�'� �( �''" "�YOG+ o- ftmpMme ( y /Ji. WmkPhW �7 � �� �MObAt"Li l (RIM8 FI& ( I Pam PLATT SURVEY _ =V= � �7�U F ^(S' r p Wp. la... CARD1:D E%NAMON DATE MRARM 3momsQ 5140KMU t2m3Kq% 0 I i �B AIOL71ACS4 _ ,p 0 �i Fff MZ0 MID NAL ymo NOD I TOM as y Bmtan w Y�Q two -4411 Ap. POSR � LA j P4579 �I :,ANTItLJBI /HfdA7NR 575 .�m. 1 r _ I i �- � T LEYBLON TOP FPI.7DWdU AEG I I , T, �I "VASE DOWN R I CbNCAt Ef fWLT B(iFAA1cSf I - ROCK OBIL1Q Nk111 o COME DRILL 0 COMPRESSOR _ 1 BOARD SIZE OPrB1+6 rfa d0fllAFiaCBONar. OD NuMMOt Few TObak J.U- L.I.E, � C118fOmaRib i .,.___. - -- _ WNaln 991188tlad reunxlpa! PetmiSerd aA6a;lajlon aDproYa16 M PammPUm Faara VVR PeOdA WQW WftliaLt Plat of vmy, Dmic k Of, LIPPIONI1o), FACE NAILQ i0e FitAta -- �.�...�._.__._ ,..._. RM BIMINO$% d"t(a5 wdlned abM) Mf= mft WIII b66d12tlldaN, ¢ ITIME tlmt datae yr HAULAWAYSt tDRIETNINLES0 5Prmo m IPYtB,'{a 4J8 mw PP"ming. rF� l NereW mccePt ft OL mR and COnditn Ot thia mribact fff ��k W&TDMEHS TO U PER E (IF AFPt.7CRALE) APPROVED & ACCEPTED x L1 4tummer2siwpm 0ele Gvmamxs srmam,a BAm �x�t lake bownemMiteuiAy7Wdykxe Add$ Paramount Fettte, Inc, Adds—^, —` 7lldpro!)a3aln�y tre armarawn aw KW#W # Rot asmow mwgn— days 17.IZS /Zb21 11:d{d 18476690Bi2 ASAP GARAGE DOM PAGE 0 2/62 Proposal 11414 -A Smith Rd, GARAGE DOOR REPAIR; INC, Huntley, IL 60142 Sates a fnstalkWOn ° Servtoe a Rest mnitof • Comm V716 w4 q0t No. I, a �: M i M 11 R r? f R f /It �_ file! 1'�' l.N�y ° tutu v- •� -wn he*eb}+ s mub M sae lfic //aHmns mvd +rsan+ates tor: G:ofontal Ranch or Pluah or Carriage paor8txa 1 Model � ? slide iosxioutstd &t.ockI f.o° Goior� Insufated: Yes? Ne.,„_ Ftecrrnneolex!stang oper®4+r Yss, No Tekmdovmihaulaway__..J� ---- �— � tnstaliad price includes: Torsion Springa, Heavy dutyhirgea & rollers, PVC parirneterwaatherstrip stops Seaoial Order items ;, (1) Year parts& iaborvterfeffhy From VA L� Glass Dpt ons ` Acltlttiona4prica ^"'"'�' # of Doors Operator Model ._.,_.... Horsepower .—. t-arlih -rotsl # ofoapsnewm ExU°as: Saltarme or Chain Drive installed prtwincludes, _ 11? year Parts & leborwananty (mm us, Price r No warranty on Photo Eye WMI19nnteni 00roperators,�„,,,� Payment to be mada as fbpow8: apaotal chlem: 90% dopwit required. 04916fitftt: Upon Cdntpldon, GoratnaPetaf TN": Nei 1s days. 11ft (1a% p?r anmlmj w1u da charged at an aaxxtrda past 30 day0. You VAV be resportslbto for afl fomonabla coh 0on pats and oq attomaY feaa ma.+rrao alto moords w the mllftoon of tho above awgas. RL lair herehy to furnish matartal and labor — complete in accordance with above spaoiflcaifons, fat the sum Of: All mM•e,nlryrWnn tw Nno'tlnr+sM NtaM..., —�_._. ... ._ —_ «__ ... «.....�.,.« — .......«�.� --..�. . ..w �Iwhnenmrs�rrgmav�whmnmMmmnmx xm+nmp' Au[horfr ��x} +Imvfnin;vngllmm. a,yxgpxinnm nq+^bi'unira+5,iMwfpgFf,rtle,� ewnhx,q wXlrAtMhtngM A mrnnnm an nsNn+9Y*ptl P.+•nrAM Meenlhn MA^•nin 19 tIg1lgtll _ .' ,p m.mnnbenNrypnr,l NNHI aAt+kn i2aMNFP9Nxy}MHMbMVIamMrot fhmnr +oxrmhM- ta+nen!9 ..«» nrclvatm.rm afanry,:rvrmrn WlwxkmF wooer eevnwrlBV WMnfrmn ;t.I.I4nr�.nNenhtr°ntn NOW This PMpeeaf they bt Wtetdv by us floc[ s=3gted agdf 30 days, • Ax.rro%2 urr of propaasf —The above priu. , sper.Mtaaons _. .. ....�--- •--�-J+�• -- ,Mo cenarrryn^ am Snt15r14CrMry and ore horehv gee prr.rj You me outhrsriYOd Stgnatura to do the work in se+!.4ried wnyrrrurrt WHI bt made nr p;16,d rlf%ktC — •'»,•• ... .Sfgrrofutm e.� DOC UNSNT O0300 --DID FORM oil y�l r : l O 7 - 1 GENTLEMEN: rss t• ti za' To hold my bid open far sixty (60) eatiendar days after the Bid Openiag date; To accept the pa c viaiions of the Contract Docummift; To famish bid security, certificate of insurance and schedule of values as specified; To provide PeiI6, r a= Bond and payment Bond in an amount equal to 100 a of ft Contract Base Bid amount; To aceomplish the work is accordance with the Contract Docurnents; To complete the work by the dates stipulated in the instruction to Bidders; To enter into and execute a contract with the Owner if awarded on the basis of tWs Bid; To provide full coordinati on and supenqmon of all subcontractors, suppliem expeditt worY. Management Y payment :•F f. and general :Rti ! F:f YT of projea. To provide supet-vision and responsibility for all oft on. in and around the construaion sibe at all I t1 :te • .1 n•�.• A y..r• ♦. I ^Ln �. �>✓.�/Crr iYa�l i:3+3"1J!�!'8 ay�lts��- kF'6"f ="* "__3�'.�Rr�- .�3w•-, erg[.. �. I:Y =F' f If tf Y .f M. "It 1t'- Y 1 ♦ 11 ! t Dollars, 1114.1 SOMMEMEMPIRYMM3 The P. O. address of the bidder Name Address (� T Vt mod /ate~ president i�t9" VAI..I- 0074E Spy k ft Treasurer If a Joint Partnership Name of Partners Address .L.. ,, y r : 1=0 80MI ttM01+l If an Individual t1 it W-10314039 CONTRACTO S cERTInC .TJON alit a 11 ■"' LL...Ei !' r }.fe t 1' : a ai n}c' • -♦ -t f'r . ax rte' {t a:' ♦ •flr to 'a •ari a�ii. an The aforemmdowd contract as a res�Wt Of A NYat Of a. Ilal or of Arliele 33E Chapter 3S of the a t1 i 00300-7 Job description and resume for project manager A. Job Title: Director of Maintenance, Purchasing, Building Projects & Transportation B. Job Classification: Exempt C. Reports To: Senior VP of Programs and Services for Maintenance, Transportation & Building Projects Reports to the CFONP for Purchasing D. Job Summary: Responsible for managing and processing all AID purchases and assuring that guidelines are followed. Responsible for overseeing the maintenance of all owned and leased facilities. Responsible for management of building projects. Responsible for overseeing vehicle fleet maintenance and transportation contracts. E. Qualifications: Education: Minimum of a Bachelor's Degree or 8 years of equivalent work experience. License /certifications: None Experience: 5 years of related work experience. F. Other Requirements: Physical: Ability to move about in work environment and to visit multiple work sites. Driving a car is required. Good physical condition: Ability to lift 50 lbs., bend, walk, and climb stairs. Equipment: • Computer (Microsoft Word, Outlook, Windows 98, Data Entry, E -Mail, Internet) • Telephone • Copy Machine • Video Camera • Fax Machine • Pager • Calculator • Shredder • TDD • Alarm System Additional Requirements: • Position requires flexible hours. • Position requires the use of the employee's personal automobile, a valid driver's license, and automobile liability insurance sufficient to meet minimums defined in AID Personnel Policies. • Position requires strong organizational, analytical, computer, oral and written communication skills. G. Mission of agency: Empower individuals with disabilities, mental illness and special needs to achieve independence and community inclusion. H. Departmental goal: To assure safe and well maintained working environment at all facilities and in transportation operations. To promote good fiscal operations through purchasing process. I. Job Responsibilities: 1. Manage and motivate paid and unpaid staff including hiring, teaching job skills, administrative supervision, encouraging I growth and development, conducting performance appraisals, acting as a positive role model. 2. Develop and maintain aIC maintenance contracts with vendors. 3. Develop and maintain relationships with all suppliers j F4. Supervise and manage the maintenance staff and the vehicle �- inspector. 5. Assure all AID properties are properly maintained with input from Propram Directors. 6. Establish transportation guidelines that will insure the safety and j quality of AID client riders. 77. Insure that all AID vehicles are being properly maintained. 8. Develop and maintain all requirements for monitoring 1 constructions projects assigned. 9. Strive to meet all deadlines assigned. 10. Keep internal and external entities informed as required. _ 11.M a be required to perform additional position - related tasks. 12. Assure back -up systems are available for building and 13. Member of Safety, Accessibility and other committee as assioned. 14. Coordinator of transportation equipment needs, repairs and awareness of re�R acement requirements. 15. Function in a Team Model providing team support and group r for all facilities. J. Competencies: Competencies: j Meets _Requirement Job Specific Competencies I Yes No 1. Competency in vendor and supplier relations. — K. Career Development Opportunities: Division Director, Vice President, and other upper management position opportunities. L. Acknowledgement: I acknowledge that I have received a copy of this job description. I understand the Job Description, and am fully able to meet the job requirements and responsibilities. M. Signatures: Employee Signature: Employee Name: Supervisor Signature: Supervisor Name: New: 12/92 Revised: 10/09, 4/08, , 3/08, 4/07, 9/06 Source: Programs and Services Date: Date: wth. MIKE MILLER 671 N. Constitution Dr. Aurora, IL. 60506 EMPLOYMENT HISTORY February 2000 — Present. Director — Maintenance, Purchasing, Building Projects, and Transportation Association for Individual Development, Aurora, IL. • Manage maintenance services for thirty -five facilities Iocated in the Fox Valley area. • Manage purchasing functions for procurement of products and services for an organization of 30 facilities and approximately 400 employees. • Manage preventative maintenance, repair program, and acquisitions for company vehicle fleet comprised of 55 vehicles. • Supervise 7 staff including maintenance staff and fleet manager. • Coordinate building projects: - Two bedroom and bathroom addition for residential group home. Two bedroom, dining room, and bathroom addition for residential group home. Interior and exterior improvements for $68,000 project at multi- purpose commercial building. Interior renovations and fire - sprinkler installation for $76,000 project at residential group home. Interior and exterior renovations for $111,000 project at residential group home. New construction of six 5- bedroom group homes, encompassing 2 separate projects over 4 years. Complete $700,000 interior renovation of 10,000 sq. ft. commercial office building. New construction of $2.4 million, 16 -unit 3 -story apartment building. 1983 —2000 Coordinator — Production Services Association for Individual Development. Aurora, IL. • Managed production functions for workshop employing ISO disabled workers. • Supervised approximately 16 staff. • Responsible for hiring, training, and all management functions. • Maintained customer relations. • Developed programs for QA and production scheduling. • Responsible for building security and safety programs. • Supervised building maintenance staff for Aurora area. EDUCATION Sacred Heart High School — Miles City, Montana Miles Community College — Miles City, Montana Eastern Montana College — Billings, Montana Other course work and seminars: Management, Interviewing and Hiring; Production Scheduling, Marketing, Customer Service, Warehousing, and Safety. Additional work experience: Experience in various aspects of home maintenance. Past work experience with home building and restoration of antique automobiles. Other interests and activities: - Served on Pastoral Council (advisory group to church pastor). - Served on interview committee for selection of principal for grade - school AID BOARD OF DIRECTORS AGENCY NAME: Asi4ckatlon for Individual Development (A ]D)__ ADDRESS: 34g W - Nevi..JnsfjAn T7ail Court, Av aCz, IL_6Rin6 EXECUTIVE DIRECTOR: Lyon Q.grlea ..._._PHONE: 639_ - 966 -aa_o1 DATE OF NEXT BOARD ELECTION: 6/2012 NAME NOME ADDRESS I OCCUPATION &EMPLOYER EXPIRES Chuck Miles 1015 Westfield Course Caterpillar (Chairman] Geneva „L eo134 i 630232.6926 Miles .Charles H@1 t,com l Patrick M. Flaherty 92011 andin Rd Attorney /Partner 612012 (Vice Chairman) Aurora, IL 60506 Kinnally Flaherty 630.892.0033 � RfertY�q- Kfkllaw „core WalterDwyer vlo Clayton Court Vice President 61 2013 I (Treasurer) Genevz, IL 50.34 iHC Construchi Elgir. 630 -208 -924? lvalWer j47mrpStruCttgl)_Copp Toni Vaughan 1885 Aiscfialer Drive Retired 612014 (Secretary) Aurora, !L 6o5o6 j 63(1 � Rya 4.han kMJJJaSDbct Milt Evans 11o1 Spring Creek Co Retired Art Teacher I 6/2013 F_Igin, IL 6ol2o Abbott Middle School, Elgin I 847-7428736 I M hev.2 Cc)sbcglcbal rek Dr. Clem Me)' :'a 2676 Danford Way I Retired Kane County Superintendent 6)2013 i Geneva, 1L 60134 63o.a32gz88 cleeameiia comeasx,= John Potter 130 River 1i Drive _ President of Advocate Dreyer Medical- 6/2013 Oswego, IL 60543 Retired 1 630.55'3322 I i lardspatrlashsloba!,let ' Lydia Smhh 9N986 N. Leland Court Vice President & Bank Fdanager -St, Charles 612013 Elgin, It 60123 Bank & Trust Company j I 63a877-4178 I __ - -_ isn'uth�CJxv'lkstcharigs„cn[,n Sue Bergeson ill Aberdeen Court National VP Consumer Affairs -Optum 6/2014 Geneva, IL 60134 Health (United Health Care Cc) i 630.232 2088 _ sUSan,_pef. eS41]. �ptumnealth.CPm Clifford Klotz 1 3014 Fox Glen Ct Retired 612014 St Charles, 1, 6017q 630.584. ;055 cramc@shcglobai rdet Dan Lundberg 817 North Avenue Senia., Private Banker -Hams Bank 6/2014 Batavia, IL 6o510 6303774195 dan.l.lndbea Cu%narnspank.,com . y Jeff NOblitt 1405 Calumet Director of Marketing and 612014 Aurora, IL 6o5o6 Communications- `P /aubonsee Community : III 630.466 2907 College I � ;nnblrtt. e,_v1!:.uhonsee.etJU Dr, Laur.e Schnell 54} Whiteway Court ____ Pediatrician - Drever Medical Clinic 612014 Aurora, IL 60504 630.859 6819 aerie srhneli @advocatehealth com. Board Meeting Dates: First Wednesday in August; October; December; February; April; May (annual meeting); June. Board Meeting Location: Kane County Education Office, 210 S. Sixth Street, Geneva, IL 60134 at 5130 P.m. Articles of incorporation & 501 c3 tax designation letter M Certificate Number-1-60-6- �v ' Vi��° ° 5 4 i�S. r �iirn n5rr /r�rr<r>ir f Je fpl(-Wairrrrov,nnis � M/9-61. ,addmv,+/r+r/ ;1r�.e GENERAL NOT FOR PROF17 CORPORATION ACT "n rirmd:; afrf+Y r ,. rr A'.f9Ai iir YrR AOW Wlerefo Y„,.Y. CHARLES F. CAPPENrm? At &r*Utttou4! 104er of, ��i�rrslc,rJ /lma �crm��!tzrtr r/rTr���r to /•r±.a r2wri� `�<��Xy��.'r,�,7r�'- r /,�. Yrfrr74rr /rn.,. /f /rirrxA. �prr,rr1'.?tati�,rarnGgA.__19th - t/ °'� n ,Tune i41,(g 6i ,nrrr✓ ,n� ✓iir tLl` Tnnrn��rrrr 'nrrrxA,� /���rilrr/,:�rrl� ,/�,rrrr�� %irrr+•r.��rrrr/ :?ath. _�R- rte` >.>✓ � +^y^(�y]/(/�/��.,__�- .���V 91' SiAtf enork?OKI inf,191 1 ARTICLES OF INCORPORATION UNDER THE GENERAL NOT FOR PROFIT, CORPORATION ACT (These Articles Must Be MW In Duplicate) (00 NOT Wn)TE))N THIS $PAGE) Date Paid Filing Fee ¢ a -c &$Test - To � tary of Store, Springffaid, Illinois, Clark I We, the undersigned, (Not Nan utwx three) Name Address Number Street City Stake CldFkrn 28 8, wllloway .Borth Aesrora Illinois RSabard Me Renland� 338 California - Aurora — Illinois Blanche Me Retteror, . 26 8, 41110way North Aurora Illinois being natural persons at the age of twenty -One years or more and citizens of the United States, for the purposes of forming a corporation under. the "Central Not For Profit Corporation Act" of the State of Illinois, do hereby adopt the following Articles of Inwrporation: AURM ASSOCIATION FOR.MERTALLY RETARDED * The name of the corporation perpetual & The period of duration of the corporation _._._..--- .____..___ (Pieaoe selate "Parpetum_ ar a statute numbee or rear$) . ', - xxz a. The address of its Initial, Registered Dmeein the State of Illinois 304Keystone Bldg,. )n:_.._.._.- _._.._.__��y� In the ___ ..___City lII'Ora County oG _and the name of Its inttlatR Sidney D, Podolahy' vsrietexed Arent of said Address ts:__- . -__._ C The first Board of Directors shall be.___ezZb: .._ —in' number, their nature and addresses being at follows: moo bans nut tarsi fGia.,sLaRz firer 2&jkserwlllowaZtrmt NortEiA, W6ra o .s Hianna aoPa lRettarer �B B.* owHy H6:rth Aurora Illinois o hers - ae gtaas: � RSA I= --- --- — n°uroesa Y no s _� _ - -to gramota tie gealar � �lrare,;' bPiAagai QTyarp$&i.RiET oraation, of the mentally retarded residing in Aurora and environs; to develop abetter under. standing of the problem of the mentally retarded by the publia; to aid In the employment and placement of the- ms881Fally retarded; to press for and support legislation in the Interests of the ma**alll retarded,. roan) J Q C,. z. . r Document No. J51'� F fed..._._ JUN 22 1961 ...... Flied for record in Recorder's Tice of !{a Ceni�y, 1lline(`QQ_YL/ Q'Clock'- M. Recorder of Decals: NOTICE TO CORPORATIONS _ Every "not for profit " corporation is required to execute and file in the Office of the Secretary of State between the 15th day of January and the last day of February of each year, after the year of its incorporation, an annual report, and severe penalties are inflicted for failure: to do so. Corporations are also required to fide ail an:endnronfs to their articles of incorporation before such amendments become effective. The certificate of incorporation and all amendments lheroto must be recorded in the office of Elie County Recorder of the County in which the reglslcrod office of the corporation is located within 15 days from the issuance thereof. <; 412 "M 2fi6% Nc.636 "Zv i 41 , ARTICLES OF AMENDMENT TO THE ARTICLES OF INCORPORATION OF ASSOCIATION FOR INDIVIDUAL DEVELOPMENT ,,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 lo R.D. 1944. Jn s `p �y{ To at Fatb in oupilease Slung fm l2i.ou To 4d LU Lr,',l OFF1Cc FORM NP-111 ARTICLES OF AMENDMENT to dw ARTICLES OF INCORPORATION oh4tr the GENERAL NOT FOR PROFIT CORPORATION ACT Secretary of State Springfieid, Illinois No.67 n 71 (DO NOT WRITE IN Tins SPACE) Filing Fee 1'"? Clork The undersigned- corporation, for the purpose of amending, its Arrirles of intntporation and pursuant to the provisions Of Scetim 35 Of Me °General -Nat For Profit Corporation Act °° of 9+e Stale or Illinois of Amendment w; hereby oxeiss the fouow'ang Articles. 1. Tht name .o the corporation is: Association for Individual delve @ogment 2 'Theft art nn members, having voting rights with respecttoamendments. i'Prrrzn ao "ar some) (Strike pdmgrophr (o), fb ;, or (c) not opplicabfe) 3, i &dAR �iikY3Y klYri4YitdilE �v %uxvxu.v+a,vvacvxs.g :� vv uk 0 At a meeting of directors (members having no voting rfghis with Motci to amrndmiau) held ozr An r i 1 3 O , 39 By, same receiving, the votes of a majority of the diescton then in offict, tilt following amendments were adopted In lttt manner prescribed by the "'Gtntnk Not For Profit Corporation Act" of the State of Illinois The purpose of the corporation is amended to read as follows. To operate exclusively for charitable and educational purposes; to promote the general welfare, including, but not limited to, the education, training; recreation, housing, and placement of'° handicapped persons residing In the Fox Inver Valley area; to develop a better understanding of the problem of the handicapped people by the public; and to aid in the employment and placement of handicapped persons. As used herein, the term "handicapped' shall mean all persons, regardless of age, who are developmentally disabled and /or emotionally disturbed andlor physically handicappe To press for implementation of existing legislation helpful to the welfare of handicapped people and to support nev legislation on local, state and federal levels, Any attempts to influence .legislation by propaganda or otherwise in furtherance W the above purposes shall constitute Only an Insubstantial part of the total activities of the Association. In the event of the dissolution of the corporation, then its assets, after payment of all debts and obligations, shall be distributed for exclusively public charitable, religious and educational purposes. (over) a x f W IN WITNESS WHEREOFF the Undersigned aorparatdnn has c uttd ttiase Ar%iclxs of RmendmxnL Gs b exettird !n Fzt SS 86. name by its, President, and iLS secmtl this 30L °°—° -- —day of Ap� a_� gam$ As a arizxd ni%tr:, we dedam that this document hqs bem esaamined by to and is tr, the ba :tai aUr �nawJed true, Correct and com*te, ge and bolkf, 9 z va <� G� 4 n i, ti( tev Inisru f flu vvaUb S I Mr PA, Box 2508 CiracInteati 101 45201 A5.< >t3CIAiION FOR INDIVIi1VAC DEVELOPMENT 109 w NPAI INDIAN TRAIT_ rOUr "I AURGRA IL 60506 Ira ,ep lv refer" tn1 0248"46 eB 3 6- 2t�,72748 i)00r;0G 00 01; 0 Emp I aye 'r I dent f f l ca t.: on Number. 36 -24 i2 7 e?8 re. ra [Best of F°er,son to rora'tact: Y:@i.9, M5. manuQY 1. TnI (re.ra t=eleOione tax-exempt Number: 1 -377- £524 -5500 1)e a tax ona }er: This T.5 7r1 response 1, t4 your re. ra [Best of Peb, 255, Y:@i.9, Fegad "di. ri cp your tax-exempt soction number statu.S. in of the Code beccaus P. you ar "e. Car ?scri {led in section 569(a)(2). (jur records 'ine3aczrte ti)at a deterrnination letter. .wis issued in ?bray 1963, that r- ecognized you as exempt from Federal Jncome tax, and discloses that Pori are currently exempt under section 501(c)73i of the Internal Revenue Code, Our recorcl, also Indicate a n v dtl o s lonsr tslea5e you are rant a or .vate foundation within the tt1 E"F41'}. It !:'7 of soction number 509Ca) in of the Code beccaus P. you ar "e. Car ?scri {led in section 569(a)(2). Donors may deduct contributions to you as Provided in section 170 of tlia Ceaele. S'equests> 1e9zsC4es, devises, tre115fers, or yift:5 to Pori or for your apse are dpduCti.ble for Fode.ral est<ak and gift tax purposes if they meet: ehe a- n`ta.l:icable provisions of sections 2055, 2106, Ind 2522 of the Crade. If YnL( have a n v dtl o s lonsr tslea5e c a I I Us at the telephone number shown in the hea:dino of this let:te €. Sincerely Yours Michele Mi suiiivalnr Uper. Meer. Ar:counts MO-4nagement Ooeratioiis 1 AID FY 12 budget and audit for year ended June 2010 AID - FY °12 Budget Revenue 4025 DT 31A 27% 795,001 4027 DT 31U 73% 35169,262 4030 DD -CILA Residential 60D 5,701,265 4035 DD CRA (POS) 61: D 272,466 4050 DD Supported Employment 36U 270,683 40521 DD Day Program 38U One on One Services 53BIR/S 51,700 Home Based Services 55A Sery Pac 162,513 ]40XXDD DD Behavior Services 56,57,58 (U /G) 141,000 DHS - DD 10 ,563,889 4110 Psychiatric Services 185,700 4120 Crisis Services 135,570 Aetna Crisis Line 150,000 4130 Residential -BH 4140 _Supported Supervised Residential- Indian Trail 534,370 4150 Supervsed Residential- Sherman 218,672 4160 MH Medicaid 11800,000 Aetna Medicaid 100,000 Cenpatico Medicaid 100,000 4170 MH NON Medicaid 338,400 49Xx DNS - MH 3,562,712 42101 Dept. of Alcohol & Substance Abuse 53,710 4216 DHS ARRA Vocational Grant -Youth 14,518 42181 DRS ARRA Vocational Grant -Adult 26,567 4223 DRS Base Plus Performance 155,820 4230 DRS Reg Supported Employment 35,120 425o Ticket to Work 13,500 4270 Mental Health Court (Kaneco) 19,500 4280 Homeless Youth 20,767 4310 Long Term Care - Resid, for TAC 665.993 4320 Long Term Care - DT for TAC 212,756 43251 Long Term Care - DT for Bethesda 28,368 433o Long Term Care - DT for Zachary 173,326 4356 Victims' Services 149,167 4365 HFS - Psychiatric Services 15,000 4367 HFS -Transportation Services 10,000 4370 Medicare - Psychiatric Services 15,000 4375 DHS -DFI Title XX 80.580 42XX1 43XX Other Government Revenue 1,689,692 4405 United Way -Aurora (Fox Valley) 30.000 4410 United Way -Elgin 20,000 4420 United Way /CC other 6,000 4425 Community Chest - Batavia 1,000 4430 Community Chest - Geneva 61326 4435 United Way - Cent Kane_ Co_.St Chas 32,000 4450 708 Grant - Aurora 308,893 4455 708 Grant- Geneva 31,000 44eo 708 Grant - Hanover Township 68,000 44651 708 Grant - St. Charles 80,000 AID - FY'12 Budget j 4470 _ 708 Grant - Kendall County 25,000 442X Local Funding 668,219 4505 Auction (gross) 88,000 4510 Membership 70,000 452o Telethon (gross) 90,000 4525 Small Events (gross) 26,000 45XX _ Special Events, gross 273,000 4555 Contributions - Restricted 165,000 4557 Contributions - Unrestricted 44,000 4560 Contributions - Staff 21000 4570 Contributions - In -Kind Rent 327,500 I 4575 In -Kind Contributions 75,000 4580 Bequest and Memorials 15.000 46xx Contributions 628,506 4605 Client Program fees (rent, priv pay) 1,412,138 4610 Intermitt Cila Client Fees /Payouts (1113000) 4615 Client Fees - Retreat/Camp 4,200 4620 Client Fees - Pool Lessons 32,000 4625 Client Fees - Pool Contracts -Ext. 7,000 4630 Client Fees - Transportation 9,700 4646 Program /Activity Fees 9.000 4645 CBO Income 585000 4650 Insurance Payments 5,000 4652 3rd Party & Family Co -Pay 5,000 4655 Hissed House 40,000 4660 Flex actual income ) 1,662 4665 Provena Mercy 42,000 467o Family Services of Elgin (SASS) 115,000 47XX Third Party Payments 1,629,700 4810 Elgin Sub - Contract Sales 95,000 4820 Aurora Sub - Contract Sales 260.000 4.840 Janitorial Sub - Contract 312,000 ' 11 48XX Subcontract Sales 667,060 4910 Gain /Loss - Fixed Assets 2,000 4920 Interest Income - 493o Food Income 29,000 4940 _ Vending Income 30,000 4962 Training Reimbursement 80,000 4965 Management Fees (HUD) 66,100 4970 LINK Income - - - -_ 178,242 Ride in Kane - JARC & New Freedom 1 ,075,240 Ride in Kane - Mobility Mgt 51,971 4980 Miscellaneous Income 35,000 49XX Miscellaenous Income 1,547,553 aXXx TOTAL REVENUE 1 $ 21,1701265 AID - FY '12 Budget_ _Expenses Salaries 5000 Administration and Support $ 959,254 5010 Program Management 82604BB 5015 Professional 31821,001 5020 Direct Service 4,758,760 _ _ Program Support 879,533 PTO accrual adjustment EMPLOYEE SALARIES 1� 1,245,036 _ T Professional -HUD reimbursement (144,000) 50251 Maintenance - HUD reimbursement (40,900) EMPLOYEE SAL after HUD reimb 11,6609136 51oo Group Medicallnsurance 11500,000 5m Group Dental Insurance 70,000 5120 Life & Disability Insurance _ 120,000 5130 Workers Compensation 51401 _ Retirement _280,000 760.000 5i5ol Staff FICA Tax 815.000 Employee Benefits - HUD reimburse. (60.000) l 5160 Unemployment Tax 40,000 5170 Tuition Reimbursement 351000 518o Employee Assistance Program 6,500 5190 Wellness Initiative 5,000 3 5195 Other Prof Fees /HR Ben /Pre -Emp TE 250000 6555 Employee Recognition 20,000 EMPLOYEE BENEFITS 31616,soo 5210 Client Salaries 423,000 52206 Client FICA 32,360 5230 Client - Workers Compensation 305000 CLIENT SALARIES /BENEFITS 485,360 53oo Audiology 19,500 5310 Psychiatrist Consultants 120,000 5320 Consultant and Professional Fees 1005000 Nursing Consultants - VNA 65,000 E5322 5325 IT - Consultant 30,000 5327 Intern Stipends 7,000 1 5` 332 Temporary services 2_1000 5340 Outside services - Respite - 6460 Audit Fees 50,000 6465 Le al Services 20,000 CONSULTANTS & OUTSIDE SERV 413,500 i 6005 Household Supplies 46,000 6o15 _ Retreat/Camp Expenses 4.000 6040 Program Materials & Activities 110,000 6530 Office Supplies 65,000 6045 Sub - contract Commodities/Supplies 27.000 6055 Food Service Cost 21,000 60601 Food Costs 282.000 6065 Coffey /WaterNending Supplies 39,700 SUPPLIES 594,700 AID - FY '12 Budget eon Special Event Expenses-Auction 12,000 6030 Special Event Expenses - Telethon 23,500 6G31 Special Event Ex - Clients' Dinner Da 11,000 6032 Special Event Expenses -Small Event 7,200 eo33 In -Kind Donations Expenses 75,000 SPECIAL EVENTS EXPENSES 126,700 elo5l Rent for clients eiiol Utilities for clients 600 6115 Medications for clients 61200 61201 Medical /Dental for clients 4,500 SPECIFIC ASSIST TO INDIVIDUAL 11,300 6210 Vehicle Operating Costs 110,000 6220 Vehicle Repairs & Maint 95,000 6230 Vehicle Insurance 38,000 6240 Vehicle Rental 11500 6250 Staff Mileage Reimbursement, 215,000 626o Resident Transportation Services 71000 '2701 Trans Services RIDES in KANE 180,000 TRANSPORTATION 646,500 53o5 Facilities Rental 653,414 6310 Utilities -Gas 88,000 6315 Utilities - Electric 265,000 6320 Utilities -Water & Sewer 43,000 6330 Supplies - Janitorial 70,000 6345 Snow Removal 64,000 e35ol Refuse Disposal 32,000 33551 security Services 52,000 63-Dol Moving & Relocation Expense 41000 6365 BId & Gmds -Maint 100,000 6370 Bld & Grnds -Jan Aid 215,000 63751 Lawn Maintenance 581000 638o Property /Gen Liab /Umbrella lnsur@nc 75,000 6385 D &O /Crime Insurance 175000 6395 Mortgage Interest 102,214 640o Real Estate Taxes 1,700 OCCUPANCY 1,640,328 6335 Telephone - Cellular 28,000 63401 Telecommunication /Networking - FacilitiE 129,500 64501 IT Licenses /Maintenance /Supplies 14 6,632 INFORMATION TECHNOLOGY 304,132 6405 Equipment-Repairs/Maintenance 24,000 6425 Equipment Rental 7,000 EQUIPMENT 31,000 6435 Depreciation 573,458 644o Amortization Expense_ 2.730 DEPRECIATION & AMORTIZATION 576,186 6510 Advertising/Job Recruiting 15,000 6512 Bank fees_ 5.000 i 6515 Conferences /Meetings 12,000 6520 Publications & Subscriptions 14,000 6625 Licenses, permits, dues, CARF 70,000 AID - FY '12 Budget 6540 LL Payroll Service Fees 88,000 6545 _ Postage 18,000 6550, Printing 12,000 Ride in Kane - JARC & New Freedom 1,075,240 Ride in Kane - Mobility Mgt 71794 6560 Staff Training 18,000 ' 6600l Interest Expense - Line of Credit 25,000 j 6610 Bad Debts 30,000 662o Bequest & Memorials Pass Through 15,000 6625 Contributions to CFFRV - 6630 Miscellaneous Expense 5,000 6632 Cash over /short - 6639 TAC Participation fees 45,000 MISCELLANEOUS 1,455,034 TOTAL EXPENSES: 21,163,377 NET OPERATIONAL REV /EXP $ 6,888 ASSOCIATION FOR INDIVIDUAL DEVELOPMENT AUDITED FINANCIAL STATEMENTS YEAR ENDED ,TUNE 30, 2090 SHORTFORM CONTENTS Basic Financial Statements r9MM Independent Auditors' Report ................................ ............................... 1 Statements of Financial Position ............................ ............................... 2 Statements of Activities ...................................... ............................... 3 Statements of Cash Flows .... ........ .............. .......... ................... .._........ 4 Statement of Functional Expenses ......................... ............................... 5 Notes to Financial Statements ............................... ............................... 6 - 15 2230 Point Blvd., Suite 700 r Elgin, Illinois 60123 847.888.8600 Fax: 847.888.0635 vnvw.MueilerCPA.com INDEPENDENT AUDITORS' REPORT Board of Directors Association for Individual Development Elgin, Illinois We have audited the accompanying statements of financial position of Association for Individual Development (AID) as of June 30, 2010 and the related statements of activities and cash flows, and statement of functional expenses for the year then ended. These financial statements are the responsibility of AID`s management. Our responsibility is to express an opinion on these financial statements based on our audit. The financial statements of AID for the year ended June 30, 2009, were audited by other auditors whose report, dated April 21, 2010, expressed an unqualified opinion on those financial statements. The prior year summarized comparative information has been derived from these prior year statements. We conducted our audit in accordance with auditing standards generally accepted in tite 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 audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of AID as of June 30, 2010, and the changes in its net assets and its cash flows for the year then ended in conformity with accounting principles generally accepted in the United States of America. In accordance with Government Auditing Standards, we have also issued our report dated T /B /D on our consideration of AID's internal control over financial reporting and on 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 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 audit. Elgin, Illinoisr L �� December 17, 2010 t- Certified Public Accountants x Management Consultants Offices in Elgin, St. Charles, Oakbrook Terrace, and Chicago ASSOCIATION FOR INDIVIDUAL DEVELOPMENT STATEMENTS OF FINANCIAL POSITION JUNE 30, 2010 AND 2009 ASSETS 2010 2009 Cash and cash equivalents $ 1,000,605 556,178 Accounts receivable net of allowance for doubtful accounts of $40,000 11820,471 1,832,362 Contributions receivable - 145,815 Prepaid expenses and deposits 344,354 232,495 Property and equipment, net 7,430,443 71185,255 Other assets 15,110 15,110 LIABILITIES AND NET ASSETS Liabilities: $ 10,610,983 9,967,215 Accounts payable $ 199,176 319,849 Accrued payroll and related liabilities 1,245,344 11781,365 Other liabilities 329,181 148,026 Notes payable 2,074,261 2,224,133 30847,962 42473,373 Net assets: Unrestricted 3,969,145 2,615,224 Temporarily restricted 21793,876 21878,618 61763,021 51493,842 $ 10,610,983 9,967,215 The accompanying notes are an integral part of the financial statements. -2- ASSOCIATION FOR INDIVIDUAL DEVELOPMENT STATEMENTS OF ACTIVITIES YEARS ENDED JUNE 30, 2010 AND 2009 Revenues: Contributions Grants Service fees Interest income Gain on sale of property and equipment Miscellaneous income Net assets released from restrictions Expenses: Program services: Community Support Services Community Integration and Employment Services Behavioral Health Community Living Services _Behavioral Health and Crisis Intervention Services Children's Services Developmental Disability Community Living Services Administration Fund raising Change in net assets Net assets, beginning of year Net assets, end of year TEMPORARILY UNRESTRICTED RESTRICTED TOTAL $ 1,339,842 76,650 1,416,492 5,633,842 - 5,633,842 13,083,332 - 13,0831332 43 6,005,523 43 11400 - 1,400 9,345 - 9,345 161,392 (161,392) - 20,229,196 (84,742) 20,144,454 846,168 - 846,168 6,342,760 - 6,342,760 1,076,137 - 1,076,137 2,139,902 - 2,139,902 403,344 - 403,344 6,005,523 6,005,523 16,813,834 - 16,813,834 1,747,742 - 1,747,742 313,699 - 313,699 18,875,275 - 18,875,275 1,353,921 (84,742) 1,269,179 2,615,224 2,876,618 5,493,842 $ 3,969,145 2,793,876 61763,021 The accompanying notes are an integral part of the financial statements, -3- 2009 TEMPORARILY UNRESTRICTED RESTRICTED TOTAL 1,247,414 62,300 1,309,714 5,733,984 - 5,733,984 13, 828, 923 13, 828, 923 10 10 1,600 - 1,600 69,693 69,693 662,429 (662,429) - 21,544,053 (600,129) 20,943,924 770,730 - 770,730 6,992,553 - 6,992,553 1,368,200 - 1,368,200 2,220,550 - 2,220,550 843,397 - 843,397 6,340,012 - 6,340,012 18,535,442 - 18,535,442 2,009,704 - 21009,704 307,197 - 307,197 20,852,343 - 20,8521343 691,710 (600,129} 91,581 1,923,514 3,4781747 5,402,261 2,615,224 2,878,618 5,493,842 ASSOCIATION FOR INDIVIDUAL DEVELOPMENT STATEMENTS OF CASH FLOWS YEARS ENDED JUNE 30, 2010 AND 2009 Cash provided by (applied to) operating activities: Change in net assets Adjustments to reconcile change in net assets to net cash provided by operating activities: Gain on sale of property and equipment Depreciation Contributions of property received Changes in: Accounts receivable Contributions receivable Prepaid expenses and other assets Accounts payable Accrued payroll and related liabilities Other liabilities Cash provided by (applied to) investing activities: Purchase of property and equipment Proceeds from sale of property and equipment Cash provided by lapplied to) financing activities: Borrowings on fine of credit Repayments on line of credit Principal payments on long -term debt Net increase in cash and cash equivalents Cash and cash equivalents, beginning of year Cash and cash equivalents, end of year Other cash flow information - Interest paid Contribution of property received 2010 2009 $ 1,269,779 91,581 (1,400) (1,600) 571,151 541,325 (410,000) 11,891 145,815 (111,859) (120,673) (536,021) 181,155 (73,652) 284,936 (65,742) (345,466) 625,467 75,066 1,409,238 721,915 (816,339) (263,897) 1,400 1,600 (814,939) (262,297) 11450,000 3,200,000 1,450,000) (3,200,000) (149,872) (220,409) (149,872) (220,409} 444,427 239,209 556,178 316,969 $ 1,000,605 556,178 $ 118,668 144,430 The accompanying notes are an integral part or the financial statements. -4- 410,000 m N If do -om�o� <; N I Sol NI In �mc V m NN.p ! of wo n °" 'nV Vo m mp mom ogy� �m N = _ _N, rv.- vn N m m MWEI m 4 ms �<V� NGMN4m aa�j>) mNp NOb-- N nI IV *�N �I�QN ry m Nm njn mi Im q m inD urnn0�- ' 4F�u om oo °`" n ry Na mo zrc on oM Ct In i i$Sy n ry n III -__ w � 6 z O O z m O� ill W� - « O n _ t0� I'i W Nmp �u w lup. o j m w n m oW O n¢ I Uv O ZD 7 Z p p 2 N m p� pQ OQN2V (';dn n Q3 nN�n IN M p Z W O (m u Z n w NI < g r p s V F 00N .-OYrvO n'r� N 'r Y V .n MM, nm, 11 < W �l Q SµSZQ n ul<o O >QiN n i m 02 u �I p 05 mg mom 2 ry rv� rvcN NmN« m N . -n.- F4us ry N ID n p ry W� nm P rV 0 nCTV nNtn IN IT JN m - 0p O p i F o LE 8g IL m ode m G ~ I G ~ 11c � In ml m o.n I In � IN N a Nw nNMV IMN_m a F o LE 8g IL m ode ASSOCIATION FOR INDIVIDUAL DEVELOPMENT NOTES TO FINANCIAL STATEMENTS NOTE 1 - SIGNIFICANT ACCOUNTING POLICIES Association for Individual Development (AID) Is an Illinois not for profit corporation organized in 1961. AID's mission is to empower individuals with disabilities, mental illness, and special needs to achieve independence and community inclusion. Services provided by AID in furtherance of its mission include education, training, therapy, and support in a variety of vocational, employment, therapeutic, and community living settings. AID serves individuals throughout Kane, Kendall, DeKalb, DuPage, suburban Cook, and Will Counties. AID receives a substantial portion of its operating funds from the State of Illinois Department of Human Services iDH5), which accounted for 77% and 75% of total revenue for the years ended June 30, 2010 and 2009, respectively. AID applies for funding from Di annually and is typically approved for funding of a similar amount each year. Financial Statement Presentation 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 AID's financial statements for the year ended June 30, 2009, from which the summarized information was derived. 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. AID reports gifts of cash and other assets as restricted support if they are received with donor stipulations that limit the use of the donated assets, or if they are designated as support for future periods. When a donor restriction expires, that is, when a stipulated time restriction ends or purpose restriction is accomplished, temporarily restricted net assets are reclassified to unrestricted net assets and reported in the statement of activities as net assets released from restrictions. Donor - restricted contributions whose restrictions are met in the same reporting period are reported as unrestricted support. AID reports gifts of land, buildings, and equipment as unrestricted support unless explicit donor stipulations specify how the donated assets must be used. Gifts of long -lived assets with explicit restrictions that specify how the assets are to be used and gifts of cash or other assets that must be used to acquire long -lived assets are reported as restricted support. Absent explicit donor stipulations about how long those long -lived assets must be maintained, AID 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 -6- ASSOCIATION FOR INDIVIDUAL DEVELOPMENT NOTES TO FINANCIAL STATEMENTS (CONTINUED) NOTE 1 - SIGNIFICANT ACCOUNTING POLICIES, CONTINUED Financial Statement Estimates The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities at the date of the financial statements and reported amounts of revenues and expenses during the reported period. Actual results could differ from those estimates. Cash and Cash Equivalents For purposes of the statements of cash flows, AID considers all highly liquid debt instruments purchased with a maturity of three months or less to be cash equivalents. Advertising AID expenses advertising costs as incurred. Advertising expense was $30,956 and $24,946 for the years ended June 30, 2010 and 2009, respectively, Concentration of Credit Risk AID maintains its cash in bank deposits which, at times, may exceed federally insured limits. AID believes it is not exposed to any significant credit risk on cash. Accounts Receivable AID 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 AID's historical bad debt experience, the aging of the receivables and based on management's judgment. Accounts deemed uncollectible are charged to the allowance for doubtful accounts. Donated Services A substantial number of volunteers have donated services to AID's program services and fund - raising campaigns during the year; however, these donated services are not reflected in the financial statements since the services do not require specialized skills as defined by generally accepted accounting principles. -7- ASSOCIATION FOR INDIVIDUAL DEVELOPMENT NOTES TO FINANCIAL STATEMENTS (CONTINUED) NOTE 1 - SIGNIFICANT ACCOUNTING POLICIES, CONTINUED Property and Equipment Property and equipment is stated at cost or if donated, at the approximate fair market value at date of donation. Major additions are capitalized while replacements, maintenance and repairs, which do not improve or extend the lives of the respective assets, are expensed currently. Depreciation is computed under the straight -line method. The useful lives of property and equipment for purposes of computing depreciation are as follows: Building and improvements 15 - 40 years Equipment, furniture, and fixtures 3 - 12 years Vehicles 3 - 5 years Fixed assets acquired by AID are considered to be owned by AID. However, federal funding sources maintain an interest in property purchased with certain grant monies as well as the right to determine the use of any proceeds from the sale of these assets, as further discussed in Note 3. Functional Allocation of Expenses The costs of providing the various programs and activities have been summarized on a functional basis in the statement of activities. Accordingly, certain costs have been allocated among the programs and supporting services benefited. Income Taxes During 2010, AID adopted recently issued accounting principles related to uncertain tax positions. Any interest and penalties recognized associated with a tax position are classified as current in AID's financial statements. Subsequent Events Subsequent events have been evaluated through December 17, 2010, the date that the financial statements were available for issue. -8- ASSOCIATION FOR INDIVIDUAL DEVELOPMENT NOTES TO FINANCIAL STATEMENTS (CONTINUED} NOTE 2 - CONTRIBUTIONS RECIEVABLE The following summarizes promises to give for the year ended June 30, 2010 and 2009. Victim's Services $ Community Development Block Grants 2010 _ 2009 47,500 98,315 $_ - _ 145,815 Based upon collection activity, management has determined no allowance for uncollectable promises to give is necessary. NOTE 3 - PROPERTY AND EQUIPMENT Property and equipment at June 30, 2010 and 2009 consisted of the following: Depreciation expense for the year ended June 30, 2010 and 2009 was $571,151 and $541,325, respectively. AID's facility in Elgin, Illinois was acquired with funds from the U.S. Department of Health and Human Services (DHHS). The grant agreement provides that real property acquired with DHHS grant support may not be conveyed, transferred, assigned, mortgaged, or in any other matter encumbered, except as expressly authorized in writing by the DHHS. Further, the federal government maintains an interest in the real property in perpetuity. Federal interest in the property is not subordinated to those of non - federal parties and may not be subordinated without a compensating financial benefit to the federal government. The amount of federal funds used to acquire the property amounted to $3,149,311, less federal portion of accumulated depreciation of $437,681 at June 30, 2010. 2010 2009 Land $ 11280,313 1,191,320 Buildings 7,422,365 7,211,144 Building improvements 188,964 Leasehold improvements 563,696 545,859 Equipment 2,967,950 2,858,487 Furniture and fixtures 476,381 456,039 Vehicles _1,378,358 1,201,316_ 14,278,027 13,464,165 Less accumulated depreciation 6,847,584 6,278,910 $ 430,443 7.185 255 Depreciation expense for the year ended June 30, 2010 and 2009 was $571,151 and $541,325, respectively. AID's facility in Elgin, Illinois was acquired with funds from the U.S. Department of Health and Human Services (DHHS). The grant agreement provides that real property acquired with DHHS grant support may not be conveyed, transferred, assigned, mortgaged, or in any other matter encumbered, except as expressly authorized in writing by the DHHS. Further, the federal government maintains an interest in the real property in perpetuity. Federal interest in the property is not subordinated to those of non - federal parties and may not be subordinated without a compensating financial benefit to the federal government. The amount of federal funds used to acquire the property amounted to $3,149,311, less federal portion of accumulated depreciation of $437,681 at June 30, 2010. ASSOCIATION FOR INDIVIDUAL DEVELOPMENT NOTES TO FINANCIAL STATEMENTS (CONTINUED) NOTE 3 - PROPERTY AND EQUIPMENT, CONTINUED As further discussed in Note 5, AID received forgivable mortgages of $410,000 and $50,000 to purchase a residential facility in Geneva, Illinois. The home was purchased in July 2008, and is currently under renovation to accommodate use as a group home for five individuals with disabilities. Accordingly, no provision for depreciation was taken on this property during the year ended June 30, 2010. NOTE 4 - LINE -OF- CREDIT AID has a $3,000,000 line -of- credit with a local bank, bearing interest at 1 .0% plus the greater of the prime rate or LIBOR plus 1.00% (the prime rate was 3.25% at June 30, 2010). The line -of- credit matures on July 19, 2011. There were no balances outstanding on the line -of- credit as of June 30, 2010 and 2009. NOTE 5 - NOTES PAYABLE Long -term debt at June 30, 2010 and 2009 consisted of the following: 2010 2009 Mortgage, collateralized by eleven properties, including land and buildings, due in monthly installments of $18,368, including interest of 5.75 %, maturing June 2015. $ 1,922,690 2,027,656 Knights of Columbus, collateralized by land and building, due in monthly installments of $2,381, with no interest, maturing January 2015. Bank, collateralized by a vehicle, due in monthly installments of $532, with no interest, maturing March 2011. Bank, collateralized by a vehicle, due in monthly installments of $414, with no interest, maturing June 2012. Bank, collateralized by a vehicle, due in monthly installments of $415, with no interest, maturing June 2012. Less current portion 10- 126,191 154,762 5,484 11,175 9,941 14,912 9,955 15,628 2,074,261 2,224,133 150,278 146,538 $ 1.923.983 2.077.595 ASSOCIATION FOR INDIVIDUAL DEVELOPMENT NOTES TO FINANCIAL STATEMENTS (CONTINUED) NOTE 5 - NOTES PAYABLE, CONTINUED Principal payments due on long -term debt during each of the next five years are as follows: 2011 $ 150,278 2012 151,072 2013 147,767 2014 154,804 2015 1,470,340 The mortgage agreement contains a number of restrictive covenants. All restrictive covenants have been met or waived as of June 30, 2010 and 2009. In 2009, the City of Geneva Community Mental Health Board, County of Kane, Illinois and the Building and Community Services Division, Development Department, County of Kane, Illinois made forgivable mortgages to AID in the amount of $410,000 and $50,000, respectively. Both contain restrictions on property usage that, if violated, would require AID to repay the entire sum. The loans will be forgiven with the latest date of expiration being June 30, 2058. The proceeds of the loans were reported as grant revenue during the year the loan commitment was received. NOTE 6 - TEMPORARILY RESTRICTED NET ASSETS Temporarily restricted net assets are available for the following purposes as of June 30, 2010 and 2009: U.S. Department of Health and Human Services' federal interest in the Elgin Facility Dunham Foundation - internships City of Aurora Victim Services Other NOTE 7 - OPERATING LEASES 2010 2009 $ 2,711,686 2,816,318 66,650 - 47,500 15,540 14, 800 $ 2 793 876 2 878,618 AID conducts the major part of its operations from [eased facilities which include factory - type buildings, warehouses, office space, residential space and school buildings. Most of these operating leases contain varying renewal provisions, renewable at the option of AID, which enables AID to retain use of the facilities in desirable operating areas. In most cases, management expects that in the normal course of business, leases will be renewed or replaced by other leases. AID also leases office equipment and various vehicles and other equipment from time to time. 11- ASSOCIATION FOR INDIVIDUAL DEVELOPMENT NOTES TO FINANCIAL STATEMENTS (CONTINUED) NOTE 7 - OPERATING LEASES, CONTINUED The aggregate future minimum lease commitment on non - cancelable leases as of June 30, 2010 is as follows: 2011 $ 148,851 2012 48,000 2013 48,000 $ 244.851 Total rent expense for the years ended June 30, 2010 and 2009 was $660,821 and $668,725, respectively. NOTE 8 - IN -KIND DONATIONS OF FACILITIES AID rents some of its facilities from a local taxing authority which arranged for construction of facilities from funds generated through a capital campaign. AID has determined the rent being charged is less than fair market value. Accordingly, AID has recognized $327,500 and $327,600 as an in -kind donation and rent expense for the year ended June 30, 2010 and 2009, respectively. NOTE 9 - TAX STATUS AID is an exempt organization under Section 501(c)(31 of the Internal Revenue Code. AID has adopted recently issued accounting principles related to uncertain tax positions for the year ended June 30, 2010 and has evaluated its tax position taken for all open tax years, Currently, the 2007, 2008, and 2009 tax years are open and subject to examination by the Internal Revenue Service and the Illinois Department of Revenue; however, AID is not currently under audit nor has AID been contacted by any of these jurisdictions. Based on the evaluation of AID's tax positions, management believes all positions taken would be upheld under an examination; therefore, no provision for the effects of uncertain tax positions has been recorded for the year end June 30, 2010. -12- ASSOCIATION FOR INDIVIDUAL DEVELOPMENT NOTES TO FINANCIAL STATEMENTS (CONTINUED) NOTE 14 - PROFIT SHARING PLAN AID offers a money purchase plan and a 401(k) contribution plan. All employees are eligible when they attain 1,000 hours of service per year and at least 21 years of age. The contributions become 100% vested after the employee completes five years of service. The Association contributes a safe harbor 3% non - elective contribution. Total employer contributions for the years ended June 30, 2010 and 2009 were $701,277 and $747,241, respectively NOTE 11 - AFFILIATED ORGANIZATIONS AID is affiliated with Aurora Residential Services, Inc., A &E Association, Inc., Kaneco Association, Kane Homes and Sherman Apartments. These organizations were formed to provide handicapped persons with housing facilities and services specifically designed to meet their physical, social and psychological needs. The Board of Directors of AID nominates and approves the board members of these organizations. AID funded the start- up costs for these organizations and has provided ongoing management services. Amounts included in accounts receivable from these organizations at June 30, 2010 and 2009 are as follows: Aurora Residential Services, Inc A &E Association, Inc Kaneco Association Kane Homes Sherman Apartments 2010 2009 S 149 7,692 53,503 50,303 71,787 38,189 150,627 142,011 87,935 88,848 $ _364.001 327043 NOTE NOTE 12 - CONTRIBUTIONS TO COMMUNITY FOUNDATION OF THE FOX RIVER VALLEY During the year ended June 30, 2009, AID contributed $69,045 to the Community Foundation of the Fox River Valley (the Foundation). There were no contributions made for the year ended June 30, 2010. AID has the right to make written suggestions to the Foundation as to the distribution of the principal or income of the contributed funds, At the time of the transfer, AID granted variance power to the Foundation. That power gives the Foundation the right to vary the purpose or use of the funds, upon thirty days written notice to AID. The Foundation also has the right to distribute the funds to another not -for- profit organization if AID ceases to exist. 13- ASSOCIATION FOR INDIVIDUAL DEVELOPMENT NOTES TO FINANCIAL STATEMENTS (CONTINUED) NOTE 13 - FAIR VALUE MEASUREMENTS Accounting principles generally accepted in the United States of America establish a framework for measuring fair value. That framework provides a fair value hierarchy that prioritizes the inputs to valuation techniques used to measure fair value. The hierarchy gives the highest priority to unadjusted quoted prices in active markets for identical assets or liabilities (Level 1 measurements) and the lowest priority to unobservable inputs (Level 3 measurements). The three levels of the fair value hierarchy are described below: Level 1 Inputs to the valuation methodology are unadjusted quoted prices for identical assets or liabilities in active markets that AID has the ability to access. Level 2 Inputs to the valuation methodology include; *Quoted prices for ^Quoted prices for markets •Inputs other than or liability *Inputs that are do observable market similar assets or liabilities in active markets; identical or similar assets or liabilities in inactive quoted prices that are observable for the asset rived principally from or corroborated by data by correlation, or other means. If the asset or liability has a specified (contractual) term, the Level 2 input must be observable for substantially the full term of the asset or liability. Level 3 Inputs to the valuation methodology are unobservable and significant to the fair value measurement. The asset's or liability's fair value measurement level within the fair value hierarchy is based on the lowest level of any Input that is significant to the fair value measurement. Valuation techniques used need to maximize the use of observable inputs and minimize the use of unobservable inputs. AID did not have any non - financial assets recorded at fair value on a recurring basis at June 30, 2010. NOTE 14 - CONTINGENCIES Financial assistance from governmental entities in the form of grants is subject to special audit. Such audits could result in claims against AID for disallowed costs or noncompliance with grantor restrictions. Because the amount, if any, cannot be determined at this time, no provision has been made for any liabilities that may arise from such audits. 14- ASSOCIATION FOR INDIVIDUAL DEVELOPMENT NOTES TO FINANCIAL STATEMENTS (CONTINUED) NOTE 15 - OTHER MATTERS AID`s change in net assets is significantly larger in 2010 in comparison to 2009. AID reduced a number of staff positions and the related spending in order to conserve cash for 2011 due to expected reductions in State of Illinois funding and the continuing slow down of State of Illinois payments for services. AID hopes to maintain a strong cash position, so that borrowing from the bank is kept at a minimum. The Statement of Cash Flows discloses the actual cash increase for 2010 was $444,427. NOTE 16- SUBSEQUENT EVENTS Subsequent to year end, AID entered into an agreement with the Illinois Facility Funds to purchase two properties which will be renovated for use as future group homes. AID contributed $59,421 and $26,808, respectively towards the final purchase price of these homes. 15- 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: 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; (1) 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); (NI) 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 colder 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 SUS - 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 late- 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 malting of any Federal grant, the malting 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 BUD. (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: Association for Individual Development, Inc. 1135 Bowes Road, Elgin, Illinois 60123 BY:_ S `^-- C) Lynn O'Shea, Executive Director DATE: -+ hece LD1 v Page 19 of 19