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13-136
Resolution No. 13-136 RESOLUTION AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT SUB-RECIPIENT AGREEMENT WITH P.A.D.S. OF ELGIN, INC. FOR REIMBURSEMENT OF MONTHLY RENTAL COSTS 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 agreement with P.A.D.S. of Elgin, Inc. on behalf of the City of Elgin for reimbursement of monthly rental costs associated with the operation of an emergency shelter located at 1730 Berkley Street, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: August 28, 2013 Adopted: August 28, 2013 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AGREEMENT BETWEEN THE CITY OF ELGIN, AND P.A.D.S. OF ELGIN, INC. This AGREEMENT is entered into as of the 28th day of August 2013, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter called "GRANTEE" or"CITY") and P.A.D.S. OF ELGIN, INC., a not-for-profit corporation incorporated pursuant to the laws of the State of Illinois, (hereinafter called "SUB-RECIPIENT") having a principal place of business at 1730 Berkley Street, Elgin, Illinois, 60123. 1. RECITALS A. CITY has applied for Community Development Block Grant Funds (hereinafter referred to as "CDBG funds'') from the United States Department of Housing and Urban Development (hereinafter called "HUD") as provided by the Housing and Community Development Act of 1974, as amended(P.L. 93 7383) (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. 11. SCOPE OF THE PROJECT A. SUB-RECIPIENT hereby agrees to perform, in a timely fashion, the activities provided for herein, and those previously defined and identified in the Project Application and project description submitted by the SUB-RECIPIENT, dated December 9, 2012, and entitled "Rental Reimbursement," a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference(hereinafter referred to as the"PROJECT"). B. All funding provided to SUB-RECIPIENT shall be used solely to reimburse SUB- RECIPIENT for monthly rental costs associated with the lease of the facility at 1730 Berkley Street, Elgin, Illinois. This facility is to be used exclusively for the provision of shelter, support services and counseling activities that aid homeless families and individuals to become self- sufficient members of society. Services provided at the facility are to be consistent with the scope and intent of the PROJECT. All individuals served by SUB-RECIPIENT pursuant to this agreement will be low and moderate income persons as defined by 24 CFR 570.208 (a)(2)(1)(A). C. Prior to the expenditure of CDBG funds, SUB-RECIPIENT shall meet with the City's Community Development Department staff to establish acceptable documentation and guidelines regarding requests for payment for the activities described in the Scope of Work. No payment of CDBG funds will be made by City without the required documentation. D. SUB-RECIPIENT shall return to the CITY any program income, as defined in 24 CFR Part 570.500(a), which is generated as a result of this PROJECT. All written requests for an exception to this agreement shall be made, in writing, to the City's Community Development Department explaining why the SUB-RECIPIENT needs the income, the specific activities the SUB-RECIPIENT will undertake with the funds and how the SUB-RECIPIENT will report the Page 1 of 16 income and expenditures to the CITY. A written response to the request will be provided to SUB-RECIPIENT from the CITY. III. Quarterly Progress Reports and Disclosure of Client Data A. The SUB-RECIPIENT shall develop and submit to the CITY an Outcome Performance Measurement Statement that establishes project goals and objectives, identifies performance indicators, and estimates the number of clientele to be served. The SUB-RECIPIENT shall provide Quarterly Progress Reports to the CITY each quarter, reporting on the status of the PROJECT in relation to the percent of project completion, accomplishments, effectiveness of the project as related to the goals and objectives, and the clientele served, including number served, client access to the service (either new or improved access), and demographics. The quarterly progress reports shall begin upon the signing of this Agreement, and be based on the CDBG program year, beginning on June 1st and ending on May 31" of the following year. The quarterly progress report shall continue until the completion of this project or until directed to discontinue such reports in writing by the CITY. B. Quarterly progress reports shall be due on the 10th day of the month following, the end of the quarter, for the previous quarter's activities. The SUB-RECIPIENT shall use a form provided by the Community Development Department and shall include all required information about the number of clients served each quarter(by race, household income, household size and the number of female headed households). C. The SUB-RECIPIENT shall maintain on the premises of their principal place of business client data demonstrating client eligibility for services provided, and any other demographic information as requested in the City's Quarterly Progress Reports. Such information shall be made available to the City's monitors for review upon request. D. The SUB-RECIPIENT shall furnish and will permit the City, HUD or its agents, or other authorized federal officials, access to clients' records for the purpose of household size and income verification to ascertain compliance with the rules,regulations and provision of the Act. III. AMOUNT AND TERMS OF GRANT A. The CITY shall distribute to SUB-RECIPIENT, as SUB-RECIPIENT'S portion of the total grant received by the CITY and in consideration of the SUB-RECIPIENT'S undertaking to perform the PROJECT, a maximum of-$50,000 (hereinafter "Grant Funds"), to be paid in the manner provided for herein at Sections II (D) and VII. Prior to the initial payment of Grant Funds, SUB-RECIPIENT shall submit, to the CITY, their Outcome Performance Measurement Statement and progress report indicating client demographics and program status. SUB- RECIPIENT shall submit quarterly progress reports, by the 101' day following the end of the preceding quarter, to the CITY. The amount to be paid to SUB-RECIPIENT will be based upon the work completed and the submittal of employee work reports in support of the invoiced amount. B. This PROJECT shall be identified as Project'No. 154953 and Account No. 230-0000- 791.30-99, which identifying numbers shall be used by SUB-RECIPIENT on all payment requests. Paae 2 of 16 IV. SUB-REClP ENT'S COMPLIANCE WITH THE ACT A. CITY shall assist SUB-RECIPIENT in making application for CDBG funds. B. SUB-RECIPIENT shall abide by the Act and all HUD rules and regulations promulgated to implement the Act. C. SUB-RECIPIENT shall, upon request of the CITY, (1) assist in the completion of an environmental review and (2) complete certifications showing equal employment opportunity compliance including equal employment opportunity certifications with reference to the PROJECT, as set forth in Exhibit"C" attached hereto and made a part hereof. D. SUB-RECIPIENT, in performing under this Agreement, shall: 1. Not discriminate against any worker, employee, or applicant, or any member of the public, because of race, creed, color, sex, age or national origin, nor otherwise commit an unfair employment practice; and 2. Take affirmative action to insure that applicants are employed without regard to race, creed, color, sex, age or national origin, with such affirmative action including, but not limited to the following: Employment, upgrading, demotion or transfer, termination, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, including apprenticeship. E. SUB-RECIPIENT shall permit the CITY and the Department of Housing and Urban Development to conduct on-site reviews, examine personnel and employment records and to conduct any other procedures or practices to assure compliance with the provisions of this agreement. SUB-RECIPIENT shall post in conspicuous places available to employees and applicants for employment notices setting forth the provisions of Section IV (D) above. F. . SUB-RECIPIENT shall not violate any laws, state or federal rules or regulations, including but not limited to those regarding a direct or indirect illegal interest on the 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, commonly known as the Hatch Act. H. SUB-RECIPIENT shall maintain records to show actual time devoted and costs incurred, in relation to the PROJECT, and shall prepare and submit quarterly progress reports which describe the work already performed and anticipated during the remaining time of the PROJECT. Upon fifteen (15) days notice from the CITY, originals or certified copies of all time sheets, billings, and other documentation used in the preparation of said progress reports shall be made available for inspection, copying, or auditing by the CITY at any time during normal business hours, at 150 Dexter Court, Elgin, Illinois. L 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 Page 3 of 16 Other Non-Profit Institutions." SUB-RECIPIENT shall submit to the CITY one copy of said audit report. SUB-RECIPIENT shall permit the authorized representatives of the CITY, HUD and the Comptroller General of the United States to inspect and audit all data and reports of the SUB-RECIPIENT relating to its performance under the Agreement. J. SUB-RECIPIENT and CITY shall at all times observe and comply with Title 24 CFR Part 570 and all applicable laws, ordinances or regulations of the Federal, State, County, and local government, which may in any manner affect the performance of this Agreement. K. SUB-RECIPIENT shall transfer to the CITY any unused CDBG funds and submit all billings attributable to this Project at the time this Agreement expires. L. SUB-RECIPIENT will ensure that any real property under the SUB-RECIPIENT'S control that was acquired and/or improved in whole or in part with CDBG funds in excess of $25,000 is used exclusively for the benefit of low and moderate income persons as defined by HUD, for a period of 15 years after the expiration of this agreement M. If during the 15 year period after the expiration of this Agreement, the SUB-RECIPIENT disposes of any property under the SUB-RECIPIENT'S control that was acquired and/or improved in whole or in part with CDBG funds in excess of$25,000, then the SUB-RECIPIENT will reimburse the CITY in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition o£ or improvement to,the property in accordance with 24 CFR 570.503(b)(8) and 24 CFR 570.505. V. RIGHTS TO SUBCONTRACT A. SUB-RECIPIENT shall not assign, transfer, subcontract or otherwise convey its rights or obligations under this Agreement without the prior written consent of the CITY, which consent may be withheld in the CITY'S sole discretion." B. Administration of any subcontracts by the SUB-RECIPIENT shall be in conformance with 24 CFR Part 570.200(d)(2) and Part 85.36. VI. SUB-RECIPIENT'S AUTHORIZATION TO ACCEPT PROPOSALS A. After the CITY has received notification that funds for the PROJECT have been released by HUD, the SUB-RECIPIENT shall be authorized to accept the proposal of any subcontractor for the PROJECT. VII. BILLING PROCEDURE A. Upon Release of Grant Funds by HUD for the PROJECT, the CITY shall make disbursements to the SUB-RECIPIENT as either reimbursement for advances made by SUB- RECIPIENT or as advances for specific cash requirements of SUB-RECIPIENT for the PROJECT. All claims of SUB-RECIPIENT, whether for reimbursement or advancement, shall comply with the following requirements: 1. SUB-RECIPIENT shall submit a listing of all disbursements of CDBG Funds, on a form provided by the CITY. Page 4 of 16 2. Any claim for advancement of CDBG Funds shall be limited to an amount necessary for SUB-RECIPIENT to meet specific cash requirements for the PROJECT and shall be disbursed by SUB-RECIPIENT within three (3) working days of receipt by SUB-RECIPIENT. 3. Any request for reimbursement or advancement pertaining to work under contracts from the SUB-RECIPIENT shall include the following: a. For interim payments to contractors and subcontractors, certification that the work for which payment is requested has been performed and is in place and to the best of SUB-RECIPIENT'S knowledge, information and belief that, the quality of such work is in accordance with the contract and subcontracts, subject to: (i) any evaluation of such work as a functioning PROJECT upon substantial completion; (ii) the results of any subsequent tests permitted by the subcontract; and (iii) any defects or deficiencies not readily apparent upon inspection of the work: and b. For final payment, that the work has been performed in a satisfactory manner and in conformance with the contract. 4. Processing of all requests for payment shall be contingent upon the submission of the required documentation by the contractor and subcontractor to the CITY that fully complies with federal labor standards, uniform relocation act or any other applicable federal, state, or local statutes, rules or regulations. 5. SUB-RECIPIENT shall forward to the CITY all billings, vouchers, and other documents representing any accounts payable, in such timely and reasonable manner as both parties shall determine; provided, however, that in no event shall such documents be forwarded to the CITY later than twenty-one (21) days after SUB-RECIPIENT'S receipt of such documents. 6. SUB-RECIPIENT shall cooperate with the CITY to facilitate the maintenance of financial records by the CITY as required by Title 24 CFR 85. B. Upon submission of an acceptable claim for Grant Funds, the CITY shall process such claim and shall approve such claim for payment following approval by the City's Community Development Department, for compliance with this Agreement and applicable HUD requirements. C. Except as provided for in Sections IX and X hereof, the CITY shall pay all required payments against eligible project costs, as described in Section H.B, incurred by SUB- RECIPIENT under this Agreement. VIII. ADMINISTRATION AND REPORTING REQUIREMEN'T'S A. SUB-RECIPIENT shall administer the Grant Funds in conformance with the regulations, policies, guidelines and requirements of OMB Circular numbers A-110, and A-122, as they relate to the acceptance and use of federal funds for the PROJECT. B. SUB-RECIPIENT shall submit all required information to show compliance with Paae 5 of 16 applicable laws, rules and regulations, as specified in this Agreement and shall submit to the CITY a quarterly progress report, by the 10`' day following the end of the preceding quarter. Other reporting requirements are specified in Exhibit "B" attached hereto and made a part of this Agreement. IX. TERMINATION OF AGREEMENT OR SUSPENSION OF PAYMENT A. During the implementation of the PROJECT, the CITY may terminate this Agreement or may suspend payment of Grant Funds to SUB-RECIPIENT for SUB-RECIPIENT'S substantial breach of the Agreement, abandonment of the PROJECT or occurrence rendering impossible the performance by SUB-RECIPIENT of this Agreement. B. During the implementation of the PROJECT, the CITY may suspend payments of Grant Funds, due to use of funds in a manner unrelated to SUB-RECIPIENT'S performing the PROJECT, failure by SUB-RECIPIENT in submitting supporting information or documentation for a claim, submission by SUB-RECIPIENT of incorrect or incomplete reports, or SUB- RECIPIENT'S suspension of its pursuit of the PROJECT. C. In the event the CITY elects to terminate this Agreement or to suspend payments, for any reason stated hereinabove in paragraph A and B of this Section IX, it shall notify the SUB- RECIPIENT, in writing, of such action, specifying the particular deficiency, at least five (5) working days in advance of any such action and establishing a time and a place for the SUB- RECIPIENT to refute the alleged deficiency at a time prior to the CITY'S taking such action. After allowing the SUB-RECIPIENT the opportunity to refute or correct the alleged deficiency, if the alleged deficiency continues to exist, in the reasonable opinion of the CITY, the CITY may withhold payment of the Grant Funds until such time as the violation or breach is remedied. No action taken or withheld by the CITY under this paragraph shall relieve the SUB-RECIPIENT of its liability to the CITY for any funds expended in violation of any of the terms of this Agreement. D. Unless terminated pursuant to the provisions of paragraph IX herein, this agreement shall terminate on December 31,2014. X. REMEDIES A. To the fullest extent permitted by law, SUB-RECIPIENT agrees to and shall indemnify, defend and hold harmless the CITY, its officers, employees, boards and commissions from and against any and all claims, suits, judgments, costs, attorneys fees, damages or any and all other relief of liability arising out of or resulting from or through, or alleged to arise out of, any breach of this agreement; misuse or misapplication of funds derived pursuant to this agreement by SUB- RECIPIENT; violation of any statutes, rules and regulations, directly or indirectly, by SUB- RECIPIENT and/or any of its agents or representatives; or any negligent acts or omissions of SUB-RECIPIENT or of SUB-RECIPIENT'S officers, employees, agents or subcontractors. In the event of any action against the CITY, its officers, employees, agents, boards or commissions covered by the foregoing duty to indemnify, defend and hold harmless; such action shall be defended by legal counsel of the CITY'S choosing. The provisions of this paragraph shall survive any termination and/or expiration of this Agreement. B. In the event of loss of approved Grant Funds for the PROJECT as a result of any violation or breach of this Agreement by the CITY, misuse or misapplication of funds received Page 6 of 16 from HUD unrelated to the PROJECT, or any violation of the statutes, rules and regulations of HUD, directly or indirectly, the CITY and/or any of its agents or representatives, the CITY'S liability to SUB-RECIPIENT shall be limited to any funds which have previously been provided to SUB-RECIPIENT pursuant to this agreement. SUB-RECIPIENT hereby waives and releases the CITY from any and all other liability pursuant to any such breach, misuse, misapplication or violation of statutes,rules or regulations. C. In the event HUD, or any other federal agency, makes any claim which would give rise to invoking the remedy provisions, as set forth in paragraphs A or B of this Section X, then the CITY or SUB-RECIPIENT shall immediately notify the other party, in writing, providing the full details of the alleged violation. To the extent that any such matter is not subject to exclusive federal jurisdiction, venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this Agreement between the CITY and SUB-RECIPIENT shall be in the Circuit Court of Kane County, Illinois. D. In addition to any other remedies available to the CITY, if the CITY has lost or been prevented from receiving any federal funds, other than the Grant Funds, as a result of any alleged violation of law or other breach of this Agreement by SUB-RECIPIENT, the SUB-RECIPIENT shall repay, upon demand by the CITY, such amount of Grant Finds previously disbursed or allegedly due to the SUB-RECIPIENT. XI. TIMELINESS A. Time is of the essence of this agreement. SUB-RECIPIENT shall meet the schedule deadlines listed below. Any milestone which the SUB-RECIPIENT does not achieve within two months of the date listed will result in the SUB-RECIPIENT submitting a revised implementation schedule for approval by the City's Community Development Staff. Failure to achieve these deadlines may result in the loss or reduction of grant funds at the CITY'S discretion. Actions Date 1. Provide Emergency Shelter June 1, 2013-May 31, 2014 2. Provide Case Management June 1, 2013-May 31, 2014 . 3. Rental Reimbursement June 1, 2013-May 31, 2014 B. Total Number of Months Required for Project Completion 12 Months XH. MISCELLANEOUS PROVISIONS A. AMENDMENTS - This Agreement constitutes the entire Agreement between the parties hereto. Any proposed change in this Agreement shall be submitted to the other party for prior approval. No modifications, additions, deletions, or the like, to this Agreement shall be effective unless and until such changes are executed, in writing, by the authorized officers of each party. B. SUBJECT TO FINANCIAL ASSISTANCE AGREEMENT - This Agreement is made subject to financial assistance agreements between the CITY and the United States Department of Housing and Urban Development, with the rights and remedies of the parties hereto being in Page 7 of 16 accordance with any such agreements. C. ASSIGNMENT - except as provided in Section VI hereof, SUB-RECIPIENT shall not assign this Agreement or any part thereof and SUB-RECIl'IENT 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.. Page 8 of 16 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates recited below. CITY OF ELGIN, an Illinois Municipal Corporation BY: e'4�K� Sea .- . Stegall, City Manage/ DATE: August 28, 2013 ATTEST: Kimberly Dewi , City Clerk SUB-RECIPIENT: P.A.D.S. of Elgin, Inc. 0 Berl Street, E gin,Illinois, 60123 BY: Dennis Hewitt, Executive Director DATE: 1 ATTEST: Paae 9 of 16 EXHIBIT A SUB-RECIPIENT'S CDBG APPLICATION PaLle 10 of 16 I i OF_ELGIN, INC. ic Action to Deilver Shelter December 12, 2012 Amy Munro Elgin Planning and Neighborhood Services Department, CDBG Program 150 Dexter Court Elgin,IL 60120 Dear Ms. Munro, PADS of Elgin, Inc. is pleased to submit this application to the City of Elgin Community Development Block Grant Program. This year we are requesting a total of$55,000 to support our emergency shelter. We are very grateful for the support that the City of Elgin has given us in the past, and we hope that the city will continue to commit to our program, as we feel we have shown we are the most cost effective and successful answer our community has to the problem of homelessness. During the 2011-2012 season PADS achieved a 3rd year of an average 75% successful placement rate nearly 2.5 times the national average. At the same time, our number of guests.rose to an all time high of 455 and last year's drastic increase in the number of children seeking shelter at our facility endured. Because of this,the ongoing operation of the shelter is a vital part of our community's safety net for those in crisis. We have made cuts to our budget to accommodate reductions in funding and the loss of our City of Elgin service contract, however next year we face "off'years with 2 major fenders totaling 545,000. For this reason the city's continued support is vital if we are to continue providing shelter to Elgin's residents at our current service levels. I have enclosed in this package our application which includes our most recent audit. If You have any further question please contact us at 847-608-9744. Thank you again for your consideration and your continued commitment to breaking the cycle of homelessness in our community. Sincerely Brittany Mitchell Special Projects Coordinator, PADS of Elgin, Inc. 1730 Berkley Street•Elgin,Illinois 60123• Phone: 847.608.9744•Fax: 847.608.9746 www.padsofelgin.org•PADS of Elgin Inc. is a 501 (C) 3 IRS recognized organization THE COMMUNITY DEVELOPMENT"BLOCK.GRANT(CDBG) PROPOSAL APPLICATION-FOR CDBGTUNDING: :ENTITLEMENT PROGRAM FISCAL YEAR.2013-2014' JUNE1,:2013 THROUGH MAY 31, 2014 Organization Name: PADS of Elgin,Inc. Project Name: Project Address: 1730 Berkley St. Elgin,IL 60123 Exec Director Name: Dennis Hewitt Address: 1730 Berkley St. Elgin,IL 60123 Telephone Number. 847-608-9744 Fax Number: 847-608-9746 E-Mall Address: dhhewitt@padsofelgin.org Website(if applicable):www.padsofelgin.org Employer(IRS)ID#: 336--3895063 DUNS Number: 136471153 Contact Name: Brittany Mitchell Title: Special Projects Coordinator Contact Telephone#: 847-608-9744 Contact Fax Number: 847-608-9746 Contact E-Mall: bmiichell @padsofelgin.org Website(if applicable):www.padsofelgin.org PROJECT FUNDM REQUEST CDBG Funds Requested $55000.00 Funding Leveraged from other Sources 546246.00 Checkthe category,which describes the type of funding,requested: OHousing O Public Facility O Infrastructure OEconomic Development O Public Service O Other BRIEF PROJECT DESCRIPTION: Please provide a one-sentence statement about youri2roiect-not your organization. The purpose of this project is to assist with rental costs for a facility that provides emergency shelter to Elgin's homeless men,women and children. City of Elgin CDBG Application FY 2013-2014 Application Page 14 of 32 2... RRDJECTELIOiBILTYSfCTION A. This project is located in 8,519.08 Census Tracts) (Identify tract by number) (website-Factfinder.census.gov B. This project meets at least ONE of the HUD national objectives listed below (please check all applicable; discussion and definitions available on page 6 of the packet): O1. Benefits low/moderate income individuals/households 0 2. Addresses the prevention or elimination of slums or blight 0. 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: OUMArea Benefit: the project meets the identified needs of UM income persons residing in an area where at least 51%of those residents are UM income persons. The benefits of this type of activity are available to all persons in the area regardless of income. Examples: street improvements,water/sewer lines,neighborhood facilities,facade improvements in neighborhood commercial districts. OUM 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 UM income persons. The following groups are presumed to be UM: 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. OUM Housing: the project adds or improves permanent residential structures that will be occupied by UM income households upon completion. Housing can be either owner or renter occupied units in either one family or multl-family structures. Rental units for UM 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. OUM Jobs: the project creates or retains permanent jobs,at least 51%of which are taken by UM income persons or considered to be available to UM 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 U M persons. OMicro-Enterprise Assistance: the project assists in the establishment of a micro-enterprise or assists persons developing a micro-enterprise. (A micro-enterprise 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 orjobs as defined in previous sections. OSlum 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. OSpot 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 conditioned detrimental to public health and safety. Examples: historic preservation of a public facility threatening public safety,demolition of a deteriorated,abandoned building. City of Elgin CDBG Application FY 2013-2014 Application Page 19 of 32 D. Project Category(check one): OAcquisition of Real Property ODisposition of Real Property OPublic 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.) O Privately-Owned Utilities OPublic Service(i.e.,anew service or an increase in the level of a service ORelocation Payments and Assistance to Displaced Persons ORemoval of Architectural Barriers,Handicapped Accessibility 0' Housing Rehabilitation OHistoric Preservation OCommercial or Industrial Rehabilitation, including facade improvements and corrections of code violations. OSpecial Economic Development or assistance to micro-enterprises City of Elgin CDBG Application FY 2013-2014 Application Page 20 of 32 3. tmpACTON APPLICABLE GOALS.t;EEDS,,AND OBJFC-TIVES: r 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 Service Activity: Rental Reimbursement OAcquisition of Real Property Activity: OInfrastructure Activity: O Affordable Housing Activity: OPublic Servide Activity: Emergency Shelter:Rent Reimbursem O 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 O Quality Housing ONeighborhood Vitality O River as a Resource OEconomic Growth and Diversified Tax Base O Alive Downtown ORecreational,Leisure and Cultural Opportunities for all Citizens O Financially Stable City Government OAcquisition of Real Property O Diverse Management Staff PROPOSED PROJECT ACCOMPLISHMENTS Please briefly describe proposed accomplishment(s)if funding is awarded: (Accomplishments must be described in terms of households served, people served, businesses created, housing units created,jobs created or public facilities undertaken. Example: This program will serve 485 LMI individuals, this program will create 25 jobs, etc.) The PADS shelter will provide over 13,000 nights of safe shelter (with daily meals) to approximately 450 men, women and children,over a period of one year. Please answer the following questions: A. What is the total estimated riumber of persons to be served by this project? 4S0 B. What is the total estimated number of LMI persons to be served by this project? 450 C. What is the anticipated percentage of LMI persons to be served by this project? 100 City of Elain CDBG Application FY 2013-2014 Application Page 21 of 32 4.'ACTIVITY DESCRIPTIOhIt_.. Please answer the following questions in the spce provided. A. Provide a detailed description of the proposed activity including ow the activity will address the community need you have indicated. Identify whether the activity is new,ongoing,or expanded from previous years. . In this project CDBG funds will be used to support rental costs for the PADS of Elgin emergency shelter.The shelter addresses the community need for safety net services for those in crisis.The shelter provides the homeless residents of the city of Elgin with a safe place to sleep,showers, meals,clothing and hygiene products,as well as case management,advocacy and referrals to other services agencies.This activity is ongoing,but our efforts are expanded.Last year we served a record number of unique individuals(456),as the number of needy families continues to rise.Despite this increase in service levels,PADS has reduced our budget to respond to current economic realities,yet we have maintained our exemplary 75%successful placement rate. B. Identify who will benefit from the proposed activity(e.g., homeless, youth,seniors,disabled, et cetera). If designed to benefit persons of L/M Income, describe the process you will use to identify these persons and ensure that the activity meets this objective, (An LMI certification form is included in the RFP Packet). The program will.benefit the homeless men, women and families of our community.:100%-of persons being served by this program qualify as being of UM income.This information is verified by case managers at the time of intake into the PADS shelter. C. Identify the accomplishments you intend to achieve with this activity. Provide an activity time-frame/schedule(include start,completiori:dates,and other significant stages). Please note that the flscaf,year does not start until June1,2013. The activity will provide safe shelter and services to approximately 450 individuals, 13,500 nights of safe shelter, and over 25,000 meals during the 2013-2014 fiscal year. City of Elgin CDBG Application FY 2013-2014 Application Page 22 of 32 5.'ORGANIZATfONAL.CAPACITY Please answer the following questions in the spce provided. A. Provide an overview of your organization including length of time in existence. Attach a list of current officers and board members with terms. The PADS organization was founded in 1989 through a cooperation of many churches in downtown Elgin. PADS operated a seasonal emergency shelter out of borrowed church basements and the salvation army, before opening a permanent, year round facility in 2007. Since that time, PADS has served an average of 430-450 individuals a year(including men,women and children).Providing them with shelter,laundry,showers,2 daily meals,case management and advocacy. B. Describe your organization's experience in successfully conducting this type of activity. Identify any skills, current services,or special accomplishments that demonstrate your capacity for success. The PADS program has been providing shelter and services to the City of Elgin since 1989,transitioning from a seasonal shelter to a year round program 5 years ago.The shelter provided a safe place to sleep,meals,case management and advocacy to 455 guests last year. Our average successful placement rate for clients for the last 3 years has been 75%,which is nearly 2.5 times the national average. These accomplishments clearly demonstrate our program's capacity for success. C. Identify the person(s) responsible for program and financial management of the activity. Identify all other persons involved in this activity noting whether these positions are current or new,pending this award, The person responsible for management of this program is Executive Director Dennis Hewitt.Mr. Hewitt has over 34 years of experience as a business executive and has been the director of PADS since 2003.He was the district administrator and then the state coordinator of little league baseball for 16 years,as well as the chairman of the steering committee for the Kane County Continuum of Care,a member of the United Way of Elgin Income Funding Council, and the Cook County 16th District Court Family Advisory Council,Mr.Hewitt is uniquely qualified as both a veteran of the business world and of social services to ensure the responsible administration of these funds.The other individual involved in this activity is Doris Kemph,who has been the administrative assistant of PADS for 9 years. Ms. Kemph will be responsible for gathering statistics and demographics for the program and currently reports to HUD,The City of Elgin, Hanover Township, Elgin Township, United Way, Kane County, DHS, DCEO and FEMA. City of Elgin CDBG Application FY 2013-2014 Application Page 23 of 32 D. Identify any other agencies/partners in this activity and define the roles and responsibilities of these partners. PADS has been successfully collaborating with other social service agencies for many years in order to provide comprehensive services to our guests in crisis.Some of our partner agencies include the Ecker Center for Mental Health,the Renz Addiction Counseling Center,The Community Crisis Center and the Greater Elgin Family Care Center.These agencies send counselors to our shelter weekly, as well as receive referrals from our case managers, to provide services to our guests. PADS currently participates in the CHIP program,a program that provides intensive outpatient counseling for the substance abusing homeless population,which is a cooperation between these groups.We also are partners with the Department of Corrections to provide qualifying individuals with a place to stay after being paroled in compliance with the terms of their release. E. Demonstrate that the proposed activity Is economically feasible and can be implemented in a timely cost effective manner within the proposed program year. The demonstrated history of the PADS program is proof that the activity is feasible.PADS has served the community for the past 23 years,5 of those on full year schedule at our facility.Additionally PADS works hard to ensure that services are provided in the most timely and cost effective manner possible by coordinating with other agencies to cooperate and reduce duplication of services to our shared clients, and by harnessing the power of in kind donations from our supporters. PADS has also taken steps to reduce our budget in order to respond to recent funding cuts. F. Oftentimes projects that receive an award of CDBG funding are actually awarded less than the amount originally requested. This requires the submission of a revised budget and a description of how it will carry out the proposed activity with reduced funding prior to the commitment of any funding. Please indicate here whether your proposed activity could be undertaken with a reduced commitment of funding and if so, please highlight how that would affect the scope of services you are proposing. Without full funding from CDBG program we would find it very difficult to continue providing shelter and services at our current level.Rent for our facility is the most fundamental expense associated with the services that we provide,and though we have taken steps to reduce our budget after the loss of our service contract due to restructuring of Riverboat funding, rent remains a fixed cost. PADS receives support from Kane County, Elgin Township, Hanover Township, United Way,The State of Illinois,federal, private and countless individual donors. Considering the majority of our clients were residents of the City of Elgin priorto becoming homeless,we hope the City will take this opportunity to support the services we provide to members of the community. City of Elgin CDBG Application FY 2013-2014 Application Page 24 of 32 6 IFF NANCIAL::.>. 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 scanned and 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.). Scan and 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 Personnel* Contractual Services (Specify Rent and Utilities $55000.00 $46246.00 101,246 Communications Travel Other(Specify) TOTALS. $55000.00 $46246.00 NOTE: Please complete Budget Detail Chart on page 26 if personnel costs are included rryour proposal.:. ' GI and TOtBl. 101,246 Gty of Elgin CDBG Application FY 2013-2014 Application Page 25 of 32 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 much 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 the additional space at the end of this document if necessary. You must submit job descriptions with your application for each position title identified below. �j•(�� f;N �t`� ,h. � jay h � h� i� � �i'r ��d T�r�'•'r ��, �.,'��� a+..- .ee�`7°:' ��^"�::.. e�.•�F�.. � �- ' i' �'' �t 7 +,.as 4'` �''S�ry r�F .i`�a fit.� H'!'r<�`"��'.>ir' <�.�= Q .�i'a it all •r�-• ° ,O,t'd 051tJO11� r� , '�'o� ,a r .•, �s�'�s a�ulrt�or 'i< ,jr� � g �a -j� -mss ,: ;��;:�'' itlota itle�-� �..w e�s'��.._ `fti�A.�11�{�d�5alary�'' ?� ,.exja •v.� ' ,� �,,*�;` 'fsCD � �'stt a �! �� ;� �� � . RroposedpAsitfo�i l?�:�+��., ,i�4 �.,,�Benef•Its �Sa�ary�:�.. �E��' .� 4 �S H.«s rt;.4 -[,: .w.st''•r "�*'n a 2'a�E' ;•��' 7 r's {�'� 'S'_ .1,,''�_ {.tr 4 trrac+i3,�,�� a�i �`���� ��tt77 `6 X = X = X = X — X X — X = A. Oftentimes projects that receive an award of CDBG funding are actually awarded less than the amount originally requested. This requires the submission of a revised budget and a description of how it will carry out the proposed activity with reduced funding prior to the commitment of any funding. Please indicate here whether your proposed activity could be undertaken with a reduced commitment of funding and if so, please highlight how that would affect the scope of services you are proposing. Without full funding from CDBG program we would find it very difficult to continue providing shelter and services at our current level.Rent for ourfacility is the most fundamental expense associated with the services that we provide,and though we have taken steps to reduce our budget after the loss of our service contract due to restructuring of Riverboat funding, rent remains a fixed cost. PADS receives support from Kane County,Elgin Township, Hanover Township,United Way,The State of Illinois,federal, private and countless individual donors. Considering the majority of our clients were residents of the City of Elgin prior to becoming homeless,we hope the City will take this opportunity to support the services we provide to members of the community. City of Elgin CDBG Application FY 2013-2014 Application Page 26 of 32 �....e...-....._........._...._. .t.r`--ti'.::':'::i:� ...;;r::.::.,y'�.r....i_:!'rJ:::.%:`"-x,-_ti::+...t'v;_-'.-�.l:s•.Y�:s'�:.r-• -: rav w,.�.:.r:4-}:::..,-....�t.� __ _ ".__5.:.-.✓..._.-_.. Z '::SrS`•'v,s.�i}a_"xi::�'? Y.',+x e -:=r c"i,¢R'-� !1�-`G;�,o`'="i.-'al`.E�'n�rr'F"'�^c:s�Y"- .-`{ S"�i"''lralti�-:C'�'r"r."^'• `+-.�'�...f� _ ;ri:i�1�-.'�:.��� c��:•.y�;r.. ':s;:>• y :...?� �.. _.L��s�..�"`•r 5 �- r`�,xr'.�',' �e�s-u.•�_ ��a. .ct--... � r � , r-L 1 =d:: -F_'"-",� r.ra � z � "'x, ...t ,��-.e s ��'.:..:7 �' �^- .max•• - °.:.t�:�..F; x�� .�>f .� • �;,•:�.- t'i:1,:,.TF�RES�IOLDCERTIF.IC�FIO, � .,,�:,y�����i<�'�:-��.�: �..s -� �s- �:;. F�"F' X�`c'�'v'•' 4.��y�'i�.s'� ti� r T� �+. u : .- F x(1 os'tn�1 ac.•-c � { 'FF �"'�� .b�..�- ,�.Cx:.,r "IC. ,�#fit � .t � 4,t:`... i'�y� ,� "`se<. ..�..:,•��a�=�=.1-��=�"�a�r-� � �•,.ix,a � .t_ w. r •��.-.-'�f''� {f.. -.x.._.t Sii�,_.... ..._.s.c..l _..�.-;5?c. ..- :_. ._.. _,�:_. - >. n n �: ice• � �a..i:�" F�S'n� _ -�'+t�'�� -�- In order for your application to be accepted,in addition to the application itself,your organization must submit the following items to the City of Elgin Community Development Department no later than 5:00 PM on FRIDAY.DECEMBER 14,2012. © An original application with all questions completed (single sided, 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.) OThe following attachments/certifications: (if you have not submitted an application in the last two years OR if the information has changed) OArticles of Incorporation OArticles of Incorporation OCurrent List of Board of Directors OCertified 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) OIRS 201(c)(3)Designation Letter(Pending letters will not be accepted) OCurrent Fiscal Year Agency Budget,including all funding sources OJob Descriptions per budget detail. OAn Executed Statement of Applicant Form, OAn Executed Signature Authorization Form. OConflict of Interest Disclosure Form. I ereby confirm at this p ket contains all materials required. City of Elgin CDBG Application FY 2013-2014 Application Page 27 of 32 6 --�(3�?,��ewt _e,�f;x N "I�K'�LiM1. �xq3-4y""j_ai i .,�...�n c�1r+t'�-.`'ffiy H�.>f�^i�1�,� •43�C'.pLi r�43„p ;4�sx�'�. vs#�ffi1'W.X"'�dr�,'�-r��,.�h`�.rn?it �� ..'4.41a' ��+''t" a�G{u..r...�ri}{,-x�F Tit , t c;�ary The undersigned acknowledges the following: 1. That,to the best of Its knowledge and belief,all factual information provided is true and correct and all estimates are reasonable. 2. That no revised proposals/applications may be made in connection with this application once the deadline for applications has passed. 3. That the City of Elgin-may request or require changes in the information submitted, and may substitute its own figures, which It deems reasonable for any or all figures provided. That the applicant will participate in required interview for project assessment and cooperatively assist in the review process. 4. That, if the project(s) is recommended and approved by the Mayor and City Council,the City reserves the right to reduce and/or cancel the allocation if federal entitlements are cancelled,reduced,or rescinded. S. 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 (Le.: fees, repayments, foreclosures,etc.)must be remitted to the City. 10. That,if the project(s) is funded,the City or a designated agency may conduct an accounting system Inspection to review internal controls,including procurement and uniform administrative procedures,prior to issuance of payments for projected expenditures. 11. That,if project(s)is funded,the City will perform an environmental review priorto the obligation of funds. 12. That, if a project is funded,'a written agreement that includes a statement of work, records retention and reporting, program income procedures, local and federal requirements, circumstances that would trigger grant suspensions and terminations, and reversions of assets would be required between the organization and the City. 13. That a project's funding does not guarantee its continuation in subsequent action plans. 14. Provide written signatory authority from the organization's governing body indicating who can execute contracts and amendments on its behalf. 15. Agrees to abide by the City of Elgin's Conflict of Interest policy. Items of concern would include staff members serving on the Board of Directors,staff members'families serving on the Board of Directors,and other matters that may give the appearance of a conflict of interest. PENALTY FOR FALSE OR FRAUDULENT STATEMENT U.S.Code Title 18,Section 1001,provides that a fine of up to,$10,000 or imprisonment for a period not to exceed five years,or both,shall be thel penalty for willful misrepresentation and the making of false,fictitious statements, knowing same to:be false. City of Elgin CDBG Application FY 2013-2014 Application Page 28 of 32 By signature below,the applicant acknowledges the above in its name on this � J .7 day of, C 2012. Name of Organization r � By; (Signature) i (Title) City of Elgin CDBG Application FY 2013-2014 Application Page 29 of 32 F -K ��M �5, C� NAB RE= �TFlO 121A ` .e9 R IM M"Aa-'-i �s5 a r f � 1 u F .F ` = i`f" � is;,n e c''� �ic' -'. '' x ''E.-�.' .r.�...� J 7 af-1Lr!'u." { NOW r: s'°A�'G '•kav-;r,5or f 'r" c � ''° 595 T, `r- a}-L-e 73 xx° f. � �`..koe > 7 : x .e��. �M1` .S w ea�s<!S. nLana...,+-:a��.v.i:.sTi.rr.,:_. ,c e,tt;?....ar'..,. ,x'!; ...,:t fw,',�,ir�. r.�,'?t rr xr f.E.m:�.,_ t. F s?+:.}. -�..L.ir ...ac. G.,. ..,-ra. a�.•_I.cl The Board of Directors of PADS of Elgin,Inc. does hereby resolve that on 11/20/2012 the Board reviewed the Application for Community Development Block Grant Funds to be submitted to the City of Elgin Community Development Department for funding consideration for the fiscal year 2013-2014 and in a proper motion and vote approved this application for submission. The Board further certifies that the organization making this application has complied with all applicable laws and regulations pertaining to the application and is a non-profit organization,tax-exempt and incorporated in the State of Illinois. PADS of Elgin,Inc: (Name of organization requesting CDBG funds) hereby proposes to provide the services or project identified in the Scope of Services in accordance with this application for Community Development Block Grant Funds. If this application is approved and this organization receives CDBG funding from the City of Elgin,this organization agrees to adhere to all relevant Federal, State and local regulations and other assurances as required by the City. Furthermore, as the .duly authorized representative of the organization,I certify that the organization is fully capable of fulfilling its obligation under this application as stated herein. I further certify thatthis application and the information contained herein are true,correct and complete. I also authorize the following persons)to have signatory authority regarding this grant: Dennis Hewitt Executive Director Name Title Name Title President/Board of Directors(or other authorized person) 12/6/2012 Date PENALTY FOR FALSE OR FRAUDULENT STATEMENT U.S.Code Title 18,Section 1001, provides that a fine of up to$10,000 or imprisonment fora period notto exceed five years,or both,.shall be the penalty for willful misrepresentation and the making of false,fictitious statements, knowing same to be false, City of Elgin CDBG Application FY 2013-2014 Application Page 30 of 32 CONFLICT OF INTEREST The standards in OMB Circular A-110, Subpart C,provide that no employee,officer, or agent shall participate in the selection,award, or administration of a contract supported by Federal funds if a real or apparent conflict of interest would be involved.Such a conflict would arise when an employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein,has a financial or other interest in the firm selected for an award. The CDBG regulations at 24 CFR 570.611 and HOME regulations at 24 CFR 92.356 provide that no person who is an employee,agent,' consultant,officer,or elected official or appointed official of the recipient or subrecipient that are receiving CDBG or HOME funds and(1) who exercises or has exercised any functions or responsibilities with respect to activities assisted with CDBG funds; or (2) who is in a position to participate in a decision-making process or gain inside information with regard to these activities, may obtain a financial interest from a CDBG-assisted or HOME-assisted activity, or have any interest in any contract, subcontract, or agreement with respect thereto,or the proceeds there under,either for themselves or those with whom they have family or business ties,during their tenure or for one(1)year thereafter. A disclosure of the nature of any perceived or actual conflict must be made prior to the execution of agreements utilizing CDBG or HOME. IF NO CONFLICT EXISTS,COMPLETE THE FOLLOWING: OI certify that no conflict of interest exists between the City of Elgin and(name of organization) PADS of Elgin,Inc. OI certify that no conflict of interest exists between the subcontractors of the(name of organization) PADS of Elgin,Inc. IF A POTENTIAL CONFLICT EXISTS,COMPLETE THE FOLLOWING: O1 certify that a potential conflict of interest may exists between the City of Elgin and(name of organization) OI 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. 1 Si ure of Authorized Agency Official and Date City of Elgin CDBG Application FY 2013-2014 Application Page 31 of 32 P.A.D.S. OF ELGIN INC.-BOARD OF DIRECTORS Name Address & Work Fax/ )Home Telephone/ Email Address Telephone Cell Susan Angell- 202 Atwell Cell (312).592-2229 Case Street (847)452-8831 Sangellcasenaol.com Realtor® Elgin,11. 60124 Baird &Warner Term Expires: 1.0/14 Secretary (10105) Ron Barkby 37W240 Olwin Cell RBARKBY a,comcast.net Consultant Drive (847) 812-0466 Elgin, Il. 60124 Term Expires: 10/14 President(10/05) (847)742-3138 Charles Falls 18 Villa Street (847)931-5800 (847) 931-5801 President Elgin, I1. 60120 cfallsndemicooper.com Demi & Cooper Advertising(11/07) Term Expires: 11/13 Dan Fox 890 Douglas Cell nigelfoxx @aol.com Consultant Elgin,11. 60120 (847)217-5650 Fox&Waters (847)695-8706 Term Expires: 10/14 Leader Training 10/05) Doug Kramp 31 S. Union krampdcnyahoo.com Scientist/Engr. Elgin, 11. 60123 Retired (847)741-4903 Term Expires: 10/14 Vice President(]0/05) Beth Kruger 1001 Meadow Cell Bethlcugerl nmail.corn. Project Manger Lane, Elgin (847)710-3216 (1/11) 60123 Term Expires: 1/14 (847)697-7163 Joyce Lueth 165 S. Randall Work iluethnfirstcombank.com Vice President Rd.,Elgin, 1 (847)622-8800 First Community 60123 Cell Term Expires: 6/14 Bank(6/08) (847)658-4528 (847)337-4585 Treasurer . Emi Morales 559 Columbia Cell nmoralelnyahoo.com Salzar Elgin, IL. 60120 (847)452-2865 Attorney Term Expires: 8/12 (8/09) Debbie McGuire 1025 N. So. Cell Dam12954Qaol.com Ecker Center Elgin Blvd. (847)533-1954 (10/10) So, Elgin, IL Term Expires: 10/13 60177 847-531-5990 Sue Moylan 1879 Banks suemoylanl @sbcglobal.net (10105) Drive Elgin, I1. 6012') Term Expires: 10/14 (847)888-0056 10/24/12 P.A.D.S. of Elgin,Inc. Audited Financial Statements For the Year Ended June 30,2012 P.A.D.S. of.Elgin,'(nc. Table of Contents Independent Auditor's Report ............................. ..................................................1 Financial Statements Statement of Financial Position.............................................................................2 Statement of Activities and Changes in Net Assets...............................................3 Statement of Cash.Flows .......................................................................................4 Statement of Functional Expenses.........................................................................5 z Notes to Financial Statements................................................................................6-1 1 �I TIGHE, KRESS ORR jr ' r�ruli,71'nl/rr:Luurua,:n, To the Board of Directors of P.A.D.S. of Elgin, Inc. Elgin, Illinois 60123 Independent Auditor's Report We have audited the accompanying statement of financial position of P.A.D.S. of Elgin, Inc. (a nonprofit organization) as of June 30, 2012, and the related statement of activities and changes in net assets; statement of functional expenses, and statement of cash flows for the year then ended. These financial statements are the responsibility of the Organization's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of' material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of the P.A.D.S. of Elgin; Inc. as of June 30, 2012, 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. het �rt�9S rr , Elgin. Illinois September 19,2012 i 595 VVEL.D ROAD•SUITE 9• ELGIN.IL 60123•P:847.695 2700•F:347.6952748•WWV&f.TKOCPA.COM P.A.D.S. of Elgin,Inc. Statement of Financial Position At June 30,2012 Assets June 30, 2012 Current Assets: Cash and cash equivalents $ 277,050 Certificate of deposit 78,352 Accounts receivable 1,480 Pledges receivable 96,382' Prepaid expenses 4,779 Total current assets 458,043 Property and Equipment,at cost: Automobile 19,370 Equipment 19,518 Leasehold improvements 489,372. Less accumulated depreciation and amortization (296,452) Net property and equipment 231,808 Other Assets Security deposit 14,132 Total Assets $ 703,983 Liabilities and Net Assets Current Liabilities: Accounts payable $ 652 Payroll liabilities 11,174 Total current liabilities 11,826 Noncurrent Liabilities Security deposit 6,752 Net Assets: Unrestricted Board designated assets 94,454 Undesignated 553,201 Total unrestricted 647,655 "remporarily restricted 37,750 Permanently restricted - Total net assets 685,405 Total Liabilities and Net Assets $ 703,983 The accompanying notes are an integral part of the financial statements. -2- P.A.D.S. of Elgin, Inc. Statement of Activities and Changes in Net Assets For the Year Ended June 30,2012 ------------June 30, Temporarily Unrestricted Unrestricted Restricted Total Revenues Grants-government $ 187,013 $ 12,750 S 199,76') United Way allocation 30,000 - 30,000 Interest income 1,134 - 1,134 Rental income 52,811 - 52,811 Miscellaneous income 28,571 - 28,571 Net assets released from restrictions-satisfaction of program restrictions 37.000 (37,000) - Total revenue 336,529 (24,250) 312,279 Public Support Contributions 97.775 - 97,775 In-kind donations 36.078 - 36.078 Special events (net of expenses of 528,951) 69,074 - 69,074 "Total public support 202.927 - 202,927 Total revenue and public support 539,456 (24,250) 515,206 I_:xpC11SeS: Program services 409,994 - 409,994 Manauen7_nt and general 87,481 - 87,481 fundraising services 42,503 - 42,503 TotalI?xpenses 539,978 - 539,978 Change in Net Assets (522) (24,250) (24,772) Net Assets, beginning of year 648,177 62,000 710,i 77 Net Assets,end of year $ 647,655 $ 37,750 S 685,405 The accompanying notes are an integral part of the financial statements. P.A.D.S. of Elgin, Inc. Statement of Cash Flows For the Year Ended June.30,2012 June 30,2012 Cash Flows from Operating Activities Change in net assets $ (24,772) Adjustments to reconcile change in net-assets to cash provided (used) by operating activities: Depreciation and amortization 51,513 Cash provided (used) by assets and liabilities: Accounts receivable 55 Pledges receivable (24,382) Prepaid expenses 130 Accounts payable 506 Accrued expenses 11,174 Net cash provided (used) by operating activities 14,224 Cash Flow from Investing Activities Redemption of certificate of deposit 78,020 Purchase of certificate of deposit (78,352) Net cash,provided(used) by investing activities (332) Cash Flow from Financing Activities Financing Activity - Net cash-provided (used) by financing;activities - Increase (decrease) in cash 13,802 Cash and cash equivalents,beginning of year 263,158 Cash and cash equivalents, end of year $ 277,050 Supplementary Disclosure Interest Paid $ - The accompanying;notes are an integral part of the financial statements. -4- P.A.D.S. of Elgin, Inc. Statement of Functional Expenses For the Year Ended June 30,2012 June 30,2012 Program Management Fundraising Total Services and General Services Expenses Salaries, wagcs and other compensation $ 170,224 $ 44;920 $ 21,278 $ 2361422 Employee benefits 13,8.14 3,645 1,727 19,186 Payroll taxes 12,962 3,421 1,620 18.003 Total salaries and related expenses 197,000 51,986 24,625 273,611 Advertising 225 - - 225 Bank Ices - 30 - 30 Donations 290 - - 290 I;yuipment rental 785 1,308 523 2.616 General insurance 6,604 1;651 - 8,255 In-kind expense 36,078 - - 36,078 Licenses and subscriptions - 480 - 480 Meetings and employee education expense - 417 104 521 Miscellaneous medical 105 - - 105 Office expense 379 126 126 631 Payroll processing Ices 2,111 557 264 2,932 Postage and shipping - 1,364 - 1,36=4 Prolcssional fees - 12.431 4,367 16,798 Program supplies 22,890 - - 22,890 Rent expense 77,492 9,687 9,687 96,866 Transportation expense 7,000 - - 7,000 Utilities 14,219 I.777 1,777 17.773 365.178 81.814. 411473 488.465 Depreciation and amortization 44,816 5,667 1,030 51,513 Total Expenses $ 409.994 $ 87,481 $ 42,503 $ 539.978 The accompanying notes are an integral part of the financial statements. -5- P.A.D.S. of Elgin, Inc. Notes to Financial Statements June 30,2012 Noted —Significant Accounting Policies Nature of Activities: P.A.D.S. of Elgin, Inc. ("P.A.D.S.") is, an Illinois not-for-profit organization whose purpose is to provide safe shelter, support services and advocacy to homeless individuals in Dundee, Elgin and Hanover Townships. P.A.D.S. is supported primarily by contributions and grants from governmental and private sources. Method of'Accounting: The financial statements of P.A.D.S. have been prepared on the accrual basis of accounting and in .accordance with United States Generally Accepted Accounting _Principles applicable to non-profit organizations. Revenues are recognized as they are earned and expenses as they are incurred. Basis of Presentation: Financial statement presentation follows the recommendations of the Financial Accounting Standards 'Board_(FASB) in its Accounting Standards Codification (ASC) 958-210 (formerly SFAS No. 117, Financial Statements oj'Not-for-Prufzt Organizations). Under FASB ASC 958-210, P.A.D.S. of Elgin; Inc. is required to report information regarding its financial position and activities according to three classes of net assets: unrestricted net assets, temporarily restricted net .assets, and permanently restricted net assets. Temporarily restricted net assets represent net assets subject to donor imposed restrictions which will either be met by the organization's actions or the passage of time. Temporarily restricted net assets are reclassified to unrestricted net assets when the restrictions are met or have expired. These reclassifications are reported in the statement of activities as net assets released from restrictions. At June 30, 2012, P.A.D.S. is holding temporarily restricted net assets of$37,750. Permanently restricted net assets are net assets subject to donor-imposed stipulations that the assets be maintained penmanently by P.A.D.S. Generally, the donors of these assets permit P.A.D.S.. to use all or part of the income earned on any related investments for general or specific purposes. At June 30, 2012, P.A.D.S. did not have any permanently restricted net assets. -6- P.A.D.S. of Elgin, Inc. Notes to Financial Statements June 30,2012 Note I —Significant Accounting Policies (continued) Contributions: P.A.D.S. accounts for contributions in accordance with the recommendations in FASB ASC 958-225 (formerly SFAS No. 116, Accounting for Contributions Received and Contributions Made). In accordance with FASB ASC 958-225, contributions and grants received are recorded as unrestricted, temporarily restricted, or permanently restricted support and revenue, depending on the existence and/or nature of any donor restrictions. All contributions are considered to be available for unrestricted use unless specifically restricted by donors. Unrestricted contributions are-recognized when received and when promised. Support that is restricted by the donor is reported as an increase in unrestricted net assets if-'the restriction expires in the reporting period in which the support.is recognized. All other donor restricted support, if any, is reported as an increase in temporarily or permanently restricted net assets. When a donor restriction expires, such as when a stipulated time restriction ends or purpose restriction is accomplished, temporarily restricted net assets are reclassified to unrestricted net assets released from restrictions and reported in the Statement of Activities as net assets released from restrictions. Use of'Estimates: The preparation of financial statements in confonnity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues, gains, and expenses during the reported period. Actual results could differ from these estimates. Cash and Cash Equivalents: P.A.D.S., for the purposes of reporting cash flows, defines cash and cash equivalents as cash on hand, amounts held at financial institutions, and short-tern highly liquid investments that are readily convertible to known amounts of cash. Investments with an original maturity of three months or less are considered short-term for these purposes, -7- P.A.D.S. of Elgin, Inc. Notes to Financial Statements June 30,_2012 Note l Significant Accounting Policies (continued) Property and Equipment: Fixed assets are recorded at cost if purchased or.at their estimated fair market value at the time received if donated. Expenditures for repairs and maintenance are charged to expenses as incurred, whereas renewals and betterments that extend the lives of property are capitalized. P.A.D.S. follows the practice of capitalizing, at cost, all expenditures for property and equipment in excess of 35,000. Depreciation is computed using the straight-line method over the estimated useful life of the asset. There was depreciation expense of$51,513 for the year ended June 30,2012. Accumulated Net Properly Cost Depreciation and T;quipment June 30,2012 June 30,2012 June 30,2012 Leasehold improvements $ 489,372 $ 257,564 S 231,808 Automobile and equipment 38.888 38,888 Total S 528,260 $ 296,452 $ 231.808 Concentrations of Credit Risk: P.A.D.S. maintains its principal cash accounts at a local commercial bank. From time to time, P.A.D.S, has balances in excess of the federally insured deposit limits. The organization does not consider these balances to be exposed to any significant credit risk. Functional Allocation of Expenses: The costs of providing P.A.D.S.'s various programs and other activities have been summarized on a functional basis in the Statements of Functional Expenses.Accordingly, certain costs have been allocated among the program services,management and general, and fundraising services benefited. Pledges and Accounts Receivable: Unconditional promises to give are recognized as receivable and revenue in the period pledged, Conditional promises to give are recolmized only when the conditions on which they depend are substantially met and the promises become unconditional. The receivables are due under terms established by the donors. The carrying amount of receivables is reduced by an allowance for uncollectible promises that reflects management's estimate of the amounts that will not be collected. Management reviews individual receivable balances periodically and determines the adequacy of its estimate for the valuation allowance. At June 30, 2012, no.allowance for uncollectible promises was considered necessary. -8- P.A.D.S. of Elgin, Inc. Notes to Financial Statements June 30,2012 Note I —Significant Accounting Policies (continued) Designated Fund Balances: Designated net assets represent amounts that have been designated for specific purposes by the Organization's Board of Directors. Investments: P.A.D.S. carries its investments in certificate of deposits, with original maturities in excess of three months, at their fair values in the Statement of Financial Position. Income Tax Status: P.A.D.S. is a not-for-profit organization that is exempt from income taxes_under Section 501(c)(3) of the Internal Revenue Code and is classified by the Internal Revenue Service as other than a private foundation. Accordingly, a provision for income taxes has not been made on the financial statements. The organization adopted the implementation of FASB ASC 740 (formerly FIN 48, "Accounting for Uncertainty in Income Taxes'. Under FASB ASC 740, management must evaluate the positions it has taken on tax returns. Management has determined that there are no tax provisions that would result in a more likely than not (50% chance) of' being sustained under a potential audit or examination. P.A.D.S.'s Federal Exempt Organization Income Tax Returns .(Form 990) for 2009, 2010, and 2011 are subject to examination by the IRS, generally for three years after they were filed. Note 2— In-Kind Contributions and Support Donated assets are recorded at estimated fair value on the date of donation. During the year ended June 30, 2012, P.A.D.S. received in-kind contributions valued at$36,078. During the year nominal in-kind goods are donated to P.A.D.S. The goods have not been valued during the year, due to there nominal value. These donations allowed P.A.D.S. to deliver its full range of programs and services in a cost effective manner without having to pay r..ash for these vital goods. -9- P.A.D.S. of Elgin, Inc. Notes to Financial Statements June 30,2012 Note 3.—Lease and Related Party Building Lease During'December.2006, P.A'D.S. entered into an operating lease with an unrelated party for its office and housing space. The lease required initial monthly rental payments of .$6,212 with yearly increases beginning January 1, 2008. During April 2007, P.A.D.S. leased additional space-from-the landlord and the original lease was amended to include the additional rental. The.amended lease requires additional monthly rental payments of $971 with .yearly increases effective since January 1, 2008. The leases expire on December 31, 2016. Rent expense under the lease agreements for the year ended June .30,2012 was $96,866. The aggregate future minimum lease commitment for these leases as of June 30, 2012 is as follows: 2013 $ 99,772 2014 102,765 2015 105,848 2016 109,023 2017 55,317 $ 472,725 Sublease During July 2007, P.A.D.S. entered into a sublease as a lessor. The sublease requires initial monthly payments of$3,326 with yearly increases beginning January 1, 2008. The subieasz expires in June 2017. Rental income under this sublease agreement for the year ended June 30, 2012 was $52,811. The aggregate future minimum lease receipts to be received under this operating lease at June 30, 2012 are as follows: 2013 $ 48,666 2014 50,124 2015 51,630 2016 53,172 2017 26,976 $ 230,568 Note 4— Restrictions on'Net Assets During the year ended June 30, 2012, P.A.D.&. received time and use restricted . donations.. At year end only time restrictions remained. The time restrictions will be . released in the next fiscal year. The total temporarily restricted funds at June 30, 2012 were$37,750. -10 P.A,.D.S. of Elgin, Inc. Notes to Financial Statements June 30,2012 Note -5—Investments The financial statements reflect the adoption of FASB ASC 820-10 (formerly SFAS No. 157 Fair value Measurements). SFAS No. 157 is effective for financial statements issued for fiscal years beginning after November 17, 2007. FASB ASC 820-10 established a single authoritative definition of fair value, sets a framework for measuring fair value, and requires additional disclosures about fair value measurement. In accordance with FASB ASC 820-10, P.A.D.S. classifies its investments into Level 1, which refers to securities traded in an active market, Level 2, which refers to securities not traded on an active market, but for which observable market inputs are readily available, or Level 1 securities where there is a contractual restriction, and Level 3,which refers to securities not traded in an active market, and for which no significant observable market inputs are available. Investments are stated at fair value and consist of the following: Unrealized Appreciation Cost Fair Value (Depreciation) Level l $ 78,352 S 78,352 $ - Level2 - - Level 3 - - Total S 78,352 S 78,352 $ - Note 6— Date of Management's Review Subsequent events have been evaluated through the date of this report. It was concluded that there are no subsequent events required to be disclosed. -ll- P.A.D.S. ofElgin:Inc. 2012-2013 Operations:Budget 2012x3 . . INCOME Fundraisers _ Parking Messiah 4,000 Dinner Dance 70,000 Summer Fundraiser 3,000 Thomas 9,000 Total fund Raisers :86,000 Contribution Income .Individual Contributions 31,000 Business/Corporations+ (GVF) 35,000 Churches 25,700 Organizations 4,000 Other Income 20,200 Interest Income 1,000 Memorials 1,500 Oth Contrib. (Fndtns/Trsts) 6,000 :Sub-.Lease Income(Wayside) 53,500 Total.Contribution Income :177,900 Grants DCEO _ 10,000 CDBG Kane Co 34,500 Elgin Township 30,000 City of Elgin Service Agreement 0 United Way of Elgin 40,000 Othertaov`t) DHS 37,400 FEMA _ 7,200 Hanover Township 20,000_ Elgin CDBG 50,000 Total Grants 229,100 'TOTAL INCOME $ 493,000 1 /2 P.A.D.S. of Elgin Inc. 2012-2013 Operations Budget EXPENSES 5000 •Shelter Services 5101 • Auto Transportation expense 400.00 5102 • Client Assistance 5102.01 - Misc Medical 600.00 5102.02 •Transportation 6,800.00 5109 •Program Supplies 5109.10• Site Supplies 7,500.00 5112 Site Maintenance 8,000.00 5109.12 • Insurance 6,000.00 5109.13 , DCEO 0.00 6000 •Management& General 6105 • Telephone expenses/Utilities 19,000.00 6100 • Advertising expenses 325.00 6101 • Bank Fees 100.00 6102 •Equipment Rental +'Purchase 5,000.00 6103 •.Salary&Wages 254,500.00 6119-1 Employee Health Benefits 21,000.00 6106 • Dues and Subscriptions 900.00 6108 • Office Expense 600.00 6109-Outside Services 500.00 6110 • Accounting/Bookkeeping Svc _15,500.00 6111 - Rent 98,500.00 6114• Meetings&Meals 425.00 6115 • Printing and Reproduction 100.00 6116 • Donations 600.00 6117 - Education &Seminars 1,000.00 6118 - Postage and Delivery 1,700.00 6113 .Wayside Meals 5,000.00 6119-2 Other Insurance Expense 11,200.00 7000 • Special Events 7000.05 • Auction Expenses 1,600.00 7000.02 • Outside Services _ 8,_400.00 7000.04 Food-Expenses v� T16,000.00 7000.09 • Garage Sale Expenses 0.00 7000.10—Spring Fundraiser 750.00 7113.10 ,Thomas the Train 1,000.00 TOTAL EXPENSES $ 493,000 212 EXHIBIT B ASSURANCES The SUB-RECIPIENT hereby assures and certifies that it will comply with the regulations, policies, guidelines and requirements with respect to the acceptance and use of CDBG funds in accordance with the ACT and City of Elgin policies. Also,the SUB-RECIPIENT certifies with respect to the grant that: 1. It possesses legal authority to make a grant submission to the City and to execute a community development and housing program; 2. Its governing body has duly adopted or passed as an official act, a resolution, motion or similar action authorizing the person identified as the official representative of the SUB-RECIPIENT to execute the Agreement, all understandings and assurances contained herein, and directing the authorization of the person identified as the official representative of the SUB-RECIPIENT to act in connection with the execution of the Agreement and to provide such additional information as may be required. 3. Prior to submission of its application to the City, the SUB-RECIPIENT has: (A) Met the citizen participation requirements of 570.301(b) and has provided citizens with: (1) The estimate of the amount of CDBG funds proposed to be used for activities that will benefit persons of low and moderate income; and _(2) Its plan for minimizing displacement of persons as a result of activities assisted with CDBG funds and to assist persons actually displaced as a result of such activities; (B) Prepared its application in accordance with the policies of the City of Elgin and made the application available to the public; 4. The grant will be conducted and administered in compliance with: (A) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352 42 U.S.C. Sec 2000d et seq.) and implementing regulations issued at 24 CFR Part 1: (B) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-208), as amended; and that the SUB- RECIPIENT will administer all programs and activities related to housing and community development in a manner to affirmatively further fair housing; (C) Section 109 of the Housing and Community Development Act of 1974, as amended; and the regulations issued pursuant hereto; (D) Section 3 of the Housing and Urban Development Act of 1968, as amended; (E) Executive Order 11246-Equal Opportunity, as amended by Executive Orders 11375 and 12086, and implementing regulations issued at 41 CFR Chapter 60; (F) Executive Order 11063-Equal Opportunity in Housing, as amended by Executive Order 12259, and implementing regulations at 24 CFR Part 107; (G) Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended, and implementing regulations when published in effect; Page 11 of 16 (H) The Age Discrimination Act of 1975 (Pub. L. 94-135), as amended, and implementing regulations when published for effect; (1) The relocation requirements of Title H and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and the implementing regulations at 24 CFR Part 42, as required under 24 CFR 570.606; (J) The labor standards requirements as set forth in 24 CFR Part 570, Subpart K and HUD regulations issues to implement such requirements; (K) Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 11738 relating to the prevention, control and abatement of water pollution; (L) The flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (Pub. L. 93-234); (M) The Fair Housing Act(42 U.S.C. 3601-20); 5. Its notification, inspection, testing and abatement procedures concerning lead-based paint will comply with 570.608 and 24 CFR Part 35; and 6. When a grant is in excess of $100,000 it will comply with all applicable standards, orders, or requirements issued under Section 308 of the Clean Air Act (42 U.S.C. 1857(h), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulation (40 CFR Part 15), which prohibit the use under nonexempt Federal contracts, grants or loans, of facilities included on the EPA list of Violating Facilities. The provision shall require reporting of violations to the City,HUD, and to the AESOP Assistant Administrator for Enforcement (EN-329). 7. It has developed its application so as to give maximum 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 under Title 1 of the ACT; or (2) for purposes of assessing any amount against properties owned and occupied by low and moderate income persons, the SUB- RECIPIENT certifies that it lacks sufficient funds received under Section 106 of the ACT to comply with the requirements of subparagraph (1) above. 10. The SUB-RECIPIENT certifies that it will provide a drug-free workplace by: (A) Publishing a statement notifying employees that the unlawful manufacture, distribution, Page 12 of 16 dispensing, possession or use of a controlled substance is prohibited in the SUB-RECIPIENT'S workplace and specifying the actions that will be taken against employees for violation of such prohibition; (B) Establishing a drug-free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace: (2) The SUB-RECIPIENT'S policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. (C) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph(A); (D) Notifying the employee in the statement required by paragraph (A) that, as a condition of employment under the grant, the employee will: (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; (E) Notifying the City of Elgin's Community Development Department within ten (10) days after receiving notice under subparagraph (D)(2) from an employee or otherwise receiving actual notice of such conviction; (F) Taking one of the following actions, within 30 days of receiving notice under subparagraph (D)(2), with respect to any employee who is so convicted: (1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (G) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (A), (R), (C), (D), (E) and(F). 11. It has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations. 12. In regards to lobbying, the SUB-RECIPIENT certifies: (A) No Federal appropriated funds have been paid or will be paid, by or on behalf of the SUB- RECIPIENT, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (B) If any funds other than Federal appropriated funds have been paid or will be paid to any person Page 13 of 16 for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (C) The SUB-RECIPIENT shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 132, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100.000 for each such failure. Page 14 of 16 EXHIBIT C EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION Community Development Block Grant Program City of Elgin The undersigned understands and agrees that it is a SUB-RECIPIENT of the Community Development Block Grant Program of the City of Elgin. The undersigned also agrees there shall be no discrimination against any employee who is employed in carrying out work from the assistance received from the City of Elgin and the Department of Housing and Urban Development, or against any applicant for such employment, because of race, color, religion, sex, age or national origin, including but not limited to employment, upgrading, demotion or transfer; recruitment or recruitment advertising; lay off or termination; rates of pay or other forms of compensation; and selection for training; including apprenticeship. The SUB-RECIPIENT further agrees to the following: (1) It will incorporate or cause to be incorporated into any grant contract, loan, grant insurance or guarantee involvinQ Federally assisted construction work, or modification thereof, which is paid for in whole or in part with funds obtained from the Community Development Block Grant program, the language contained in HUD Equal Employment Opportunity Regulations at 42 CFR 130.15(b), in Executive Order 11246, as amended by Executive Orders 11375 and 12006, and implementing regulations issued in 41 CFR Chapter 60. (2) It will be bound by said equal opportunity clause with respect to its own employment practices when it participates in any Community Development Block Grant Program construction. (3) It will assist and cooperate actively with the City of Elgin, the Department of Housing and Urban Development and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules,regulations and relevant orders of the Secretary of Labor. (4) . It will furnish the City of Elgin, the Department of Housing and Urban Development and the Secretary of Labor such information as they may require for the supervision of such compliance, and will otherwise assist the City of Elgin and the Department of Housing and Urban Development in the discharge of primary responsibility for securing compliance. (5) It will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from or who has not demonstrated eligibility for government contracts and federally assisted construction contracts pursuant to the Executive Order. (6) It will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the Secretary of Labor, the City of Elgin or the Department of Housing and Urban Development. (7) In the event that SUB-RECIPIENT fails or refuses to comply with the undertaking, the City of Elgin, or the Department of Housing and Urban Development may take any or all of the following actions: cancel, terminate or suspend, in whole or in part, this grant, refrain from extending any further assistance to the SUB-RECIPIENT until satisfactory assurance of future compliance has been received; and refer the case to the Department of Housing and Urban Development for appropriate legal proceedings. Page 15 of 16 r SUB-RECIPIENT: P.A.D.S. of Elgin, Inc. 1730 B rkley Street, Elgin,Illinois, 60123 BY: �2L Dennis Hewitt Ex uti(ve Di ctor DATE: ATTEST: Page 16 of 16 ELGIN THE CITY IN THE SUBURBS" DATE: September 5, 2013 TO: Denise Momodu, Associate Planner FROM: Jennifer Quinton, Deputy City Clerk SUBJECT: Resolution Nos. 13-136 through 13-140 Adopted at the August 28, 2013, Council Meeting Enclosed you will find the agreement listed below. Please distribute this agreement to the other party and keep a copy for your records if you wish. If you have any questions please feel free to contact our office 847-931-5660 and we will do our best to assist you. Thank you. • Resolution 13-136 Adopted Authorizing Execution of a Community Development Block Grant Sub-Recipient Agreement with P.A.D.S. of Elgin, Inc. for Reimbursement of Monthly Rental Costs • Resolution 13-137 Adopted Authorizing Execution of a Community Development Block Grant Sub-Recipient Agreement with Renz Addiction Counseling Center for Asphalt Entrance Driveway and Parking Lot II • Resolution 13-138 Adopted Authorizing Execution of a Community Development Block Grant Sub-Recipient Agreement with Wayside Cross Ministries for Reimbursement of Monthly Rental Costs • Resolution 13-139 Adopted Authorizing Execution of a Community Development Block Grant Sub-Recipient Agreement with Well Child Center, Inc. for HVAC Replacement • Resolution 13-140 Adopted Authorizing Execution of a Community Development Block Grant Sub-Recipient Agreement with Senior Services Associates, Inc. for Reimbursement of Monthly Rental Costs