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13-138 Resolution No. 13-138 RESOLUTION AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT SUB-RECIPIENT AGREEMENT WITH WAYSIDE CROSS MINISTRIES 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 Wayside Cross Ministries on behalf of the City of Elgin for reimbursement of monthly rental costs associated with the lease of the facility at 1732 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 WAYSIDE CROSS MINISTRIES 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 WAYSIDE CROSS MINISTRIES, 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 1732 Berkley Street, Elgin, Illinois, 60123. I. RECITALS A. CITY has applied for Community Development Block Grant Funds (hereinafter referred to as "CDBG funds'") from the United States Department of Housing and Urban Development (hereinafter called "HUD") as provided by the Housing and Community Development Act of 1974, as amended (P.L. 93-383) (hereinafter called"ACT"). B. CITY has considered and approved the application of SUB-RECIPIENT for CDBG funds allotted to CITY for distribution to SUB-RECIPIENT. C. The CITY and SUB-RECIPIENT enter into this Agreement pursuant to their respective powers to enter into such Agreements, as those powers are defined in the Illinois Constitution and applicable statutes. H. 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 January 8, 2013, and entitled "Wayside Center — An Extended Hand to the Community," 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 1732 Berkley Street, Elgin, Illinois. The reimbursement will be for rental payments made by the SUB-RECIPIENT for the.period of June 1, 2013 through May 31, 2014, as outlined in Lease Agreement, a copy of which is attached hereto as Exhibit `A.l". This facility is to be used for the provision of support services and counseling activities that aid homeless families and individuals to become self-sufficient members of society, these activities being hereinafter referred to as the "ELIGIBLE ACTIVITIES." An estimated 250 low and moderate income clients of the SUB-RECIPIENT will benefit from its ELIGIBLE ACTIVITIES during the 2013-14 fiscal year. ELIGIBLE ACTIVITIES 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. The SUB-RECIPIENT is identified as a faith-based organization. The proportion of time that SUB-RECIPIENT'S facility is utilized for the above-described ELIGIBLE 1 I ACTIVITIES constitutes 87.5 percent of the time during which the facility is operated. SUB-RECIPIENT also provides inherently religious activities such as worship, religious instruction, or proselytization at the facility, these activities being hereinafter referred to as INELIGIBLE ACTIVITIES. The proportion of time that SUB-RECIPIENT'S facility is utilized for the above-described INELIGIBLE ACTIVITIES constitutes 12.5 percent of the time during which the facility is operated. D. Prior to the expenditure of CDBG funds, SUB-RECIPIENT shall meet with the City's Community Development Department staff to establish acceptable documentation and guidelines regarding requests for payment for the activities described in the Scope of Work. No payment of CDBG funds will be made by City without the required documentation. E. SUB-RECIPIENT shall return to the CITY any program income, as defined in 24 CFR Part 570.500(a), which is generated as a result of this PROJECT. All written requests for an exception to this agreement shall be made, in writing, to the City's Community Development Department explaining why the SUB-RECIPIENT needs the income, the specific activities the SUB-RECIPIENT will undertake with the funds and how the SUB- RECIPIENT will report the income and expenditures to the CITY. A written response to the request will be provided to SUB-RECIPIENT from the CITY. 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 1" and ending on May 3151 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 10"' 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. IV. 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 $25,000 (hereinafter "Grant Funds"), that amount being a sum not to exceed 87.5 percent of the total rent for the use of the space as outlined in the lease agreement entitled "Commercial Building Sublease;' a copy of which is attached hereto as Exhibit "A.2'' and incorporated herein by this reference (hereinafter referred to as the "LEASE AGREEMENT"), and that amount to be paid in the manner provided for herein at Sections H (D) and VII. Prior to the initial payment of Grant Funds, SUB-RECIPIENT shall submit, to the CITY, their Outcome Performance Measurement Statement and progress report indicating client demographics and program status. SUB-RECIPIENT shall submit quarterly progress reports, by the 10"' day 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. 154954 and Account No. 230-0000- 791.30-99, which identifying numbers shall be used by SUB-RECIPIENT on all payment requests. C. The Grant Funds being provided to SUB-RECIPIENT under this Agreement are being allocated based upon on the proportion of time that the facility is utilized for SUB- RECIPIENT's ELIGIBLE ACTIVITIES, in reliance upon representations made by the SUB-RECIPIENT and guidance provided by HUD. If at any time it is determined that the Grant Funds may not be properly allocated based upon time in the manner set forth in this Agreement, or if it is determined that the proportion of time that the facility is used for the ELIGIBLE ACTIVITIES is less than 87.5 percent, the CITY shall determine the amount of Grant Funds, if any, that may be properly be allocated to SUB-RECIPIENT's ELIGIBLE ACTIVITIES, and SUB-RECIPIENT shall promptly return to the CITY any Grant Funds that it has received exceeding said amount. D. SUB-RECIPIENT represents and agrees that no Grant Funds shall be used to support any INELIGIBLE ACTIVITIES. All ELIGIBLE ACTIVITIES shall be separate either in time or space from any INELIGIBLE ACTIVITIES. SUB-RECIPIENT must serve all eligible beneficiaries of its ELIGIBLE ACTIVITIES without regard to the religion or religious belief of an eligible beneficiary. or the lack thereof. SUB-RECIPIENT may not require a particular religious belief or activity as a condition of receiving benefits or participating in the ELIGIBLE ACTIVITIES of the SUB-RECIPIENT. Any violation of this subsection shall subject SUB-RECIPIENT to the remedies set forth in Section X and the repayment of Grant Funds previously disbursed or allegedly due to the SUB- RECIPIENT. E. In the event the ELIGIBLE ACTIVITIES identified in Section H, Scope of the Project, of this Agreement or other eligible services for low and moderate income individuals and households are no longer provided at the SUB-RECIPIENT's facility due to actions by the SUB-RECIPIENT, the SUB-RECIPIENT shall reimburse the U.S. Department of Housing and Urban Development or the CITY for project activities undertaken in whole or in part with CDBG funds at a rate of 6.7% for each year and portion of each year 3 remaining on the ten-year useful life of the facility improvements. The ten-year compliance period shall begin on the commencement date of this Agreement. This provision shall not be construed as limiting the CITY from asserting any claims against the SUB-RECIPIENT for the breach of any other terms of this Agreement. F. Upon project completion as specified in Section II, Scope of the Project, any remaining CDBG project funds shall be available for reallocation by the CITY to another eligible CDBG project. If SUB-RECIPIENT materially fails to comply with any term of this award, the SUB-RECIPIENT shall repay to the CITY all funds used for ineligible activities. G. A minimum of 51 percent of the persons served on an annual basis shall be at or below 80 percent of the Median Family Income in order for the SUB-RECIPIENT to maintain eligibility for the CDBG funds provided for herein. Said income levels shall be updated and revised annually to conform to levels set by the U. S. Department of Housimg and Urban Development. Failure to meet the aforementioned minimum 51 percent threshold shall require SUB-RECIPIENT to reimburse the CITY for funds expended, in whole or in part, for project activities. H. Changes in the scope of services, budget, or method of compensation contained in this Agreement, unless otherwise noted, may only be made through a written amendment to this Agreement, executed by the SUB-RECIPIENT and CITY. V. SUB-RECIPIENT'S COMPLIANCE WITH THE ACT A. CITY shall assist SUB-RECIPIENT in making application for CDBG funds. B. SUB-RECIPIENT shall abide by the Act and all HUD rules and regulations promulgated to implement the Act. C. SUB-RECIPIENT shall, upon request of the CITY, (1) assist in the completion of an environmental review and (2) complete certifications showing equal employment opportunity compliance including equal employment opportunity certifications with reference to the PROJECT, as set forth in Exhibit "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. 4 E. SUB-RECIPIENT shall permit the CITY and HUD to conduct on-site reviews, examine personnel and employment records and to conduct any other procedures or practices to assure compliance with the provisions of this agreement. SUB-RECIPIENT 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. 1. SUB-RECIPIENT shall adopt the audit requirements of the Office of Management and Budget (hereinafter "OMB") Circular A-133, "Audits of Institutions of Higher Learning and Other Non-Profit Institutions." SUB-RECIPIENT shall submit to the CITY one copy of said audit report. SUB-RECIPIENT shall permit the authorized representatives of the CITY, HUD and the Comptroller General of the United States to inspect and audit all data and reports of the SUB-RECIPIENT relating to its performance under the Agreement. J. SUB-RECIPIENT and CITY shall at all times observe and comply with Title 24 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 5 funds for acquisition of, or improvement to, the property in accordance with 24 CFR 570.503(b)(8)and 24 CFR 570.505. VI. 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. VII. 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. VIII. BILLING PROCEDURE A. Upon Release of Grant Funds by HUD for the PROJECT, the CITY shall make disbursements to the SUB-RECIPIENT as either reimbursement for advances made by SUB-RECIPIENT or as advances for specific cash requirements of SUB-RECIPIENT for the PROJECT. All claims of SUB-RECIPIENT, whether for reimbursement or advancement, shall comply with the following requirements: 1. SUB-RECIPIENT shall submit a listing of all disbursements of CDBG Funds, on a form provided by the CITY. 2. Any claim for advancement of CDBG Funds shall be limited to an amount necessary for SUB-RECIPIENT to meet specific cash requirements for the PROJECT and shall be disbursed by SUB-RECIPIENT within three (3) working days of receipt by SUB-RECIPIENT. 3. Any request for reimbursement or advancement pertaining to work under contracts from the SUB-RECIPIENT shall include the following: a. For interim payments to contractors and subcontractors, certification that the work for which payment is requested has been performed and is in place and to the best of SUB-RECIPIENT'S knowledge, information and belief that, the quality of such work is in accordance with the contract and subcontracts, subject to: (1) 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. 6 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 (2 1) days after SUB-RECIPIENT'S receipt of such documents. 6. SUB-RECIPIENT shall cooperate with the CITY to facilitate the maintenance of financial records by the CITY as required by 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 X and XI 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. IX. ADMINISTRATION AND REPORTING REQUIREMENTS A. SUB-RECIPIENT shall administer the Grant Funds in conformance with the regulations, policies, guidelines and requirements of OMB Circular numbers A-110, and A-122, as they relate to the acceptance and use of federal funds for the PROJECT. B. SUB-RECIPIENT shall submit all required information to show compliance with applicable laws, rules and regulations, as specified in this Agreement and shall submit to the CITY a quarterly progress report, by the 10`'' day following the end of the preceding quarter. Other reporting requirements are specified in Exhibit "B" attached hereto and made a part of this Agreement. C. Management Plan and Operating Budget of the Facility SUB-RECIPIENT shall maintain, and keep current, a management plan and operating budget stating policies governing the operation of the facility and shall keep this plan and budget on file with the CITY. X. 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. 7 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 X, 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 X herein, this agreement shall terminate on December 31, 2014. XI. 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-RECIPIEN`TT; violation of any statutes, rules and regulations, directly or indirectly, by SUB-RECIPIENT and/or any of its agents or representatives; or any negligent acts or omissions of SUB-RECIPIENT or of SUB- RECIPIENT'S officers, employees, agents or subcontractors. In the event of any action against the CITY, its officers, employees, agents, boards or commissions covered by the foregoing duty to indemnify, defend and hold harmless, such action shall be defended by legal counsel of the CITY'S choosing. The provisions of this paragraph shall survive any termination and/or expiration of this Agreement. B. In the event of loss of approved Grant Funds for the PROJECT as a result of any violation or breach of this Agreement by the CITY, misuse or misapplication of funds received from HUD unrelated to the PROJECT, or any violation of the statutes, rules and regulations of HUD, directly or indirectly, the CITY and/or any of its agents or representatives, the CITY'S liability to SUB-RECIPIENT shall be limited to any funds which have previously been provided to SUB-RECIPIENT pursuant to this agreement. SUB-RECIPIENT hereby waives and releases the CITY from:any and all other liability pursuant to any such breach, misuse, misapplication or violation of statutes, rules or regulations. C. 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 XI, then the CITY or SUB-RECIPIENT shall immediately notify the other party, in writing, 8 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, including but not limited to the Grant Funds, as a result of any alleged violation of law or other breach of this Agreement by SUB- RECIPIENT,.or if SUB-RECIPIENT otherwise fails to comply with any term of this award or Agreement; the SUB-RECIPIENT shall repay, upon demand by the CITY; such amount of Grant Finds previously disbursed or allegedly due to the SUB-RECIPIENT. XII. 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. Milestones 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 XIII. MISCELLANEOUS PROVISIONS A. AMENDMENTS - This Agreement constitutes the entire Agreement between the parties hereto. Any proposed change in this Agreement shall be submitted to the other party for prior approval. No modifications, additions, deletions, or the like, to this Agreement shall be effective unless and until such changes are executed, in writing; by the authorized officers of each party. B. SUBJECT TO FINANCIAL ASSISTANCE AGREEMENT - This Agreement is made subject to financial assistance agreements between the CITY and .the United States Department of Housing and Urban Development, with the rights and remedies of the parties hereto being in accordance with any such agreements. C. ASSIGNMENT - except as provided in Section VI hereof. SUB-RECIPIENT shall not assign this Agreement or any part thereof and SUB-RECIPIENT shall not transfer or 9 assign any Grant Funds or claims due or to become due hereunder, without the written approval of the CITY having first been obtained. D. ATTORNEY'S OPINION - If requested, SUB-RECIPIENT shall provide an opinion of its attorney, in a form reasonably satisfactory to the CITY, that all steps necessary to adopt this Agreement, in a manner binding upon SUB-RECIPIENT, have been taken by SUB-RECIPIENT, and that SUB-RECIPIENT is in compliance with applicable local, state and federal statues, rules and regulations for the purpose of complying with this Agreement. E. HEADINGS - The section headings of this Agreement are for convenience and reference only and in no way define, limit, or describe the scope or intent of this Agreement; and should be ignored in construing or interpreting this Agreement. F. The terms of this agreement shall be severable. In the event any of the terms or provisions of this agreement are deemed to be void or otherwise unenforceable for any reason, the remainder of this agreement shall remain in full force and effect. G. This agreement shall not be construed to create a joint venture, partnership, employment or other agency relationship between the parties hereto. H. Venue for the resolution of any disputes or the enforcement of any rights between the parties hereto arising out of or in connection with the terms and provisions of this Agreement shall be in the Circuit Court of Kane County, Illinois. 10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates recited below. CITY OF ELGIN, an Illinois Municipal Corporation BY: `t Sean . Stegall, City Mana DATE: August 28, 2013 ATTEST: &-Zz� Kimberly Dewis, eity Clerk SUB-RECIPIENT: Wayside Cross Ministries 7 2 Berkley Street, Elgin,Illinois, 60123 BY ' , ( t" -' Phil Wood, Executive Director DATE: ? 113 ATTEST: 11 EXHIBIT A SUB-RECIPIENT'S CDBG APPLICATION 12 ;THE:COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG) PROPOSAL--A--P.LICATIOiV FOR.CDBG FUNDING: ENTITLEMENT PROGRAM ;FISCAL YEAR 2013=20:14 JUNE 1,_=2013=THROUGHjMAY 3,1,=2014- Organization Name: Wayside Center(WC) ProjectMme: Wayside Center-An.Extended Hand to the Community ProjectrAddress: 1732:Berkley Street;:Elgin,Illinois 60123 Exec'Directot'Name: Dr.Phil Wood Address: Same-as above Telephone Number: 847-695-4405:005 Fax-Number: 847=695-4657 E=Mail Address: pwood @waysidecross.org Website.(if applicable): httpJ/www.waysidecross.orglblgin Employer(IRS)'ID:.#: 136-2167950 DUNS Number. 025998832 .Contact,Name: Phil-Wood Title: Director Contact Telephone#: Same as:above Contact Fax Number: Same:as above Contact.E=Mail: :pwood @waysidecross.org Website(if applicable): Same:as above P_-ROJEC FUNDING REQUEST CDBG Funds Requested 548904:00 Funding leveraged from other Sources 201,096 Check,the category,.which_describes the type of funding,requested: OHousing O Public Facility 0 Infrastructure OEconomic Development O Public.5ervice O Other BRIEF PROJECT DESCRIPTION: Please.provide a one-sentence-statement about your project-not your organization. WC's project:provides a safe,structuredand productive environment for homeless:men,women,and families. City of Elgin:CDBG Application FY-2013 72014 Application Page 14 of 32 2 EPROIECT ELIGIBILTY SECTION y :A. This:project is.located in 8;5:1.9.08 Census'Tract(s) (Identify:tract by number) (vrebsite-.Factfinde.r.census:gov B. This:projectmeets:afaeastONEof the HUD national objectives;listed below:(please^check all:applicable; discussion:and definitions�available on.page 6:of the_packet): O; I..Benefits lov/moderate:income'ind viduals/households O 2 ,Addresses the..prevention orelimination of slums orblight O 3.,Meets a.:particularly urgent'community developmentneed C. : heck,all statementsthat.describe'HOW this:project:or activity ineets:one:of,th6 National objectives above: OUM Area Benefit: the project meets the identifiedneeds:of UM_incorrie_:persons residing:in amarea where.ataeast5l%of.those residents:are UM income:persons. The benefits of this type of•_activity-are:available to all;°persons.in the area...regardiess of income. Examples:. streetimprovements;.vrater/Sewer lines;:neigt borhood<facilities,facade improvements in neighborhood commercial districts: Ulvl LimitedClieritele the:.project'benefits.a specific.,group_of people (ratherahan all•.the residents in a,particular area), ,at;least 51% of,whorn.are UM income persons. The following groups:are;:presurned to be UM: abused children, elderly,persons, battered .Spouses;homeless,.handicapped;illiterate persons. Examples: construction of a:senior center, public services forahe f omeless,`meals>;on wheels for eldedy;.construction of job training facilities forthe handicapped; O :LIM.Housing the project adds or improves permanenttresidential structures that will be occupied by UM-income households upon:cornpietion. .Housing can be either-owner.or. renter occupied units in::either-one family; rmulti=family structures. _Rental units for UM `.income persons:must be:.occupied:ai affordable.rents:.Examples:. acquisition.of property for :permanent`housing, rehabilitation of permanent housing, conversion of non- :residential structures into;permanenthousing. UM.Jobs: the project.creaies.or retains permanent jobs,atleast 51 Wof which.are:taken by UMAncome.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 M;:persons. OMicro-Enterprise Assistance: the project assists in'the-establishment of a.micro-enterprise orassists,persons:developmg a:micro-enterprise: (A micro-enterprise is defined:as.having five or°fewer-ern loyees;:one:or'more of whom ownsi the`.business.) This activity must benefit low/moderate income persons,area or jobs as defined in.previous:sections. OSlum or BlightedAreaahe:_project.is:in.a designated.slurn/blight area and the result.of this ;project addresses one or more:ofthe conditions'that qualified.the area. 0 Spot Blight: the.:project will prevent or eliminate specific.conditions of blight or,physical decay outside a slum area. .Activities are:limited'to:clearance, historic preservation, rehabilitation of buildings, but only to extent necessary to eliminate conditioned detrimental to-public health and safety. Examples historic preservation of a public facility threatening.publiosafety,demolition ofa deteriorated,abandoned building. City of Elgin CDBG'Application FY.2013-2014 Application Page 19 of.32 D. -Project Category,(check one): OAcquisitionof Real Property ODisposition.of Real Property OPublicTacilities and Improvements(e.g.,homeless shelter,water and sewerfacilities,flood and drainage improvements,.fireprotectionfacilities/equipment;community,senior and -health centers,.parking,streets,curbs;gutters and sidewalks,.parks and playgrounds.) O Privately-Owned Utilities OPublicService;(i.e.,.anew.service or an increase in the level of a-service 0 Relocation`Payments and'Assistance.to Displaced.Persons O Removal of Arch itectural.Barriers,.Handicapped Accessibility OHousing Rehabilitation OHistoric Preservation OCommercial or Industrial Rehabilitation,including facade=:improvements and corrections of.code violations. OSpecial EconomicDevelopment-or assistance to micro-enterprises City of Elgin CDBG Application FY 2013-2014 Application Page 20 of 32 3 , 1MPACTON APPLICABLE GOALS,NEEDS,AND'OBlECTIVES 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,:applicationsshould provide clear>expianation:of:how-the:.project impacts:upon the adopted Consolidated,Plan. Priority'Needs,_ Greater consideration will be-given to projects that provide a clear.descriptionof the project with supporting data and_methodology of;how the project.will.meet the`Consolidated: ian Pnority:Needs. Please identifythe category and activity applicable to your:;proposal,using that`table as;your:guide: Example:. °PublkService Activity: Rental Reimbursement O , Aequisitiorr.of Real;Property Activity: 0 Infrastructure Activity: 0. Affordable Housing Activity: OP.ublic5ervide Activity: Daytime emergency shelter/assistant 0 Planning3.Capacity`Building Activity: The:Gity of;Elgin has identified-ten strategic goals''to reflect.the City's Ongoing commitmentto the community. Greater consideration swill be given-to:projects that:provide a clear.description of the projectwith supporting data and methodology•of.how the:projectwill:meetthe Citys:strategic.goals. Please identify-ALL.the:categories applicable to:yourproposal: O A Safe'Community 0 'Quality.Housing 0 Neighborhood Vitality 0 'River as a Resource 0 Economic Growth and Diversified Tax Base 0 :Alive Downtown O Recreational,Leisure:and°Cultural Opportunities for all;Citizens 0 Financially_Stabie City Government 0 Acquisition of Real Property 0 Diverse Management:5taff PROPOSED PROJECT ACCOMPLISHMENTS Please briefly describe.prop_osed:accomplishment(s)'if'#undins-israwarded:. (Accomplishments must be described in terms of households:served,;people served,`businesses created, housing,units created,.jabs created:or'pubiic.facilities undertaken. 'Example: This program wil serve 485,LMVindividuals,this.program vWl create 25 jobs,:etcd WC's.project Will>provide.shelter, food, assistance, encouragement; and training for 250.LMI individuals that are homeless, unemployediorunderemployed in Elgin,. Please answer the followingrquestions A What:isthe total estimated.number of persons to be served;bythis;project? 25fl B. What;is the total:esti mated number of:LMI-persons to`be.served by.this project? 250 C. Whatis the anticipated percentage of LMI:persons to be served bythis_project? 100% City.of Elgin Application FY.201.3=2014 Application Page 21 of 32 ---•'4 ACTIVITY�DE$CRIPTION :- - - - ° _ _- - - - - - Please answerthe following.guestions:inthe spce provided. -�- _A.-YProvide-a detailed;description=ofthe:proposed activity including ow,the-activity,Will_address-the-community=need..you _--� have indicated. Identify whether the-activity new,ongoing,-or expanded from previous years. The-goal of the Wayside-Centeris not only to provide food and sheitevfor our guests, but also:to.create-an:environment-at our facility which encourages education, healing,and-community. During.201.3,we plan to continue expanding our services with additional-opportunities forthe:people:we:serve. This=includes:an increase in individual counseling,mentoring,.and-coaching to ourguests;:a °Computer-Basics Class";-and our Wrap-Around:Intervention Program,:which integrates the.services available through the Wayside Center-with community resources and interventions. Our mission for 2013 is to improve thesafety=and ----service°for child-care-by;designating-a°safe,iocation-Within the.shelter for our-children from the shelters -- general population and.'by pro5iding parenting classesto°help educate-parents. Also, EWC`is now`qualified'to offer mental - health screenings and during 2013:we:will.be offering this as anew service to.ourclients. B. IdentifyWho 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 inciuded:in1he RFP Packet). The.Wayside:'Center:pians all activities:to assist the:homeless population and the-working poor. The.primary:method for which we gain inclividuals who benefit from.our services is:al most.entirely through reputation and-.word of mouth. Ourguests seek out our<services on,their own initiative. We donot actively recruit people to come-;to Wayside. All of-the clients served at.-WC are homeless:LMI individuais-or:familiesand.thisis determined during the intake process. C. Identify-the accomplishments you intend.to achieve withthis activity. Provide:an activitytime-frame/schedule{include start,complet ion.dates,.and other significant stages). Please note that the-fiscal year does not start untilJunel,2013. Wayside continuously, intentionally, and significantly increases the amount -of •one-on-one mentoring, coaching, .and counseling.for-our guests. In order to continue to accommodate our increasing numbers of guests,.we plan to increase,by another:approximately.25%the.number of volunteers whoserve in the,counseling role for 2013.. At:this time,wehave.staff and volunteers who fulfill this-role. ForAhe 2013 calendar year,.we plan to seek out additional dedicated volunteers who can effectively-mentor, coach, and counsel our guests. The "Computer.Basics Class" Which will be offered to our Wayside/ECC guests will star,the second semester in January 2013. The class will continue to meet at Wayside each week on Fridays. The Wrap-Around Intervention Program will continue through 2013.. We hope to-experience a 100% success rate with these individuals:in facilitating-their efforts to become independent and•contributing.members of society. Time-frame: Child Care Center=March 1,2013-:ongoing,year=round. Time-frame:-mental.health:screenings-January 25,2013-ongoing;year-round. Time-frame:All other services:ongoing,year-round. City of Elain CDBG Application FY-2013-2014 Application Page 22 of 32 S.- ;ORGANiZ-ATIONALCAPACITY: Please.answer the following questions in the spce provided. A. Provide an-overview of your organization including:length:oftime inexistence: Attach-a list;of current officers and :board members with terms. The Wayside Centefis.a division of.Wayside Cross Ministries.'The-:corporate headquarters is:located in Aurora;Illinois;.and'the executive'.board is chaired by John Ross,President. Locally;:a'volunteer steering committee which meetsmonthly;is comprised of'Elgin area residents.who give direction%forahe.Elgin facility:'The Wayside.Center in:Elgin;has;been in existence since 1993 (1.4-years),: The staff.members at Wayside Center of'Elgin are: Dr.'Phil Wood—Director of Wayside Center,:Josh Bray - Operations Manager;Chris'Corsaut-Resident Coordinator,and the.Wayside_Center of Elgin-Steering Committee. 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:Iongevity.of our extremely strong<voiunteer base:has:been•:the>keyto our successes at Wayside Center: On-an average, many of our volunteers have-been consistentlyserving:the needs:of ourguests:forfour or more years: In•addition.t0 that;our staff,has 50-yearsof corlibined`experience iRsocial service-and ministry. Collectively,our volunteers'and staff.provide-expertise in the followin g areas/services: leadership, technology, counselinglDisciolestiip/Mentoring, child care, drug .addiction counseling-housing counseling,,'academic tutoring; life Skills, mental.:health screenings,.:and.ed ucationail and employment counseling: The;successes that Wayside:Center has.experienced in Elgin have been ensured over=the years by the dedication and comrriitment-from:_its staff.anal volunteers. 'We have seen every;project--.and::every goal through:to its realization. In doing that,:we are:constantly and thoughtfully revising:our goals as the:needs of our guests change. Our steering committee has been instrumental in facilitating thisprocess. C. :.Identify the person(t) 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-two individuals who will.be responsible:for the program,financial:management of.child care,and mental health screenings are Dr.:Phil Wood WC"s Director,and Josh Bray-WC's:.Operations.Manager. These two.individuals have combined experience of over 45-years in public service and ministry. They meet weeklyto discussthespecific goals of the organization and its progress:. City of Elgin CDBG Apolication:FY'2013-2014 Application Page:23 of 32 D. Identity-any other agencies/partners-in°this.activity-and define.the.roles and responsibilities-of these partners. The-Wayside Center hascieveloped_an informal partnership:with.Elgin Community College. We view our role lmthepartnership as,a-serving role to the.:college and its students who attend Wayside_Center. The.college has reciprocated to Wayside by keeping the lines of communication open-and by providing.us:with information on how to academically assist our students. In:addition-to that, we.also-continue':to :grow and develop our partnership•with PADS of Elgin. Both:organizations are functioning within'the same-building and we often collaborate on decisions°regarding the needs of Wayside Center-and PADS guests. 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 Wayside Center is;requesting $48;904 through the CDBG Grant to support the cost of our monthly rent expenses. The implementation oMhe`listed.-goals for the 20.13 year will be the responsibility of our volunteers and staff at Wayside: It is imperative,.however,.:that we contiriue to.serve:the homeless and working--poor in Elgin-arour current location. The.benefit of our partnership:with Elgin :Community College has been priceless.in assisting our guests to get their:.lives back on-track Furthermore, our_partnership with PADS and our:ability to collaborate on decisions under the same roof has been a tremendous assetto.the individuals and families that we serve. 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.commitmentof any funding. Please.indicate.here whether your proposed activity.could be undertaken with-.a reduced commitment of funding and if so, please highlight how:that-would affect the scope of .services you are proposing. The numbers of individuals'who are in need of theservices that we provide.are clearly increasing:due:to the struggling economy. Since.theseare circumstances°that are well:beyond our control;we must find ways to support our program;failure to do:so is not an option. The people that we-serve in our community count on the support and encouragement that they experience on any given day:at the Wayside Center. Our impact on the people that_we serve is life changing. For many individuals,the-Wayside:Centeris7the''last stop"for help,before-living on-the.streets. If-we do not receive:the funding that we requested,we will seek other funding sources to fill any budgetary gaps. City.of Elgin CDBG Application FY 2013-2014 Application Page 24 of:32 6 ITINANCIAL The City:encourages CDBG fundsto:be utilized as:gap`funding. A:gap is defined as the amount of funding necessary to ruma program,after,all otherfunding sources have been identified,:thus leveraging.is very`important in:the application process, ACTIVIVSUDGET .Please answee the following .questions in the space provided. You may reference and 'attach an additional :page if necessary: A. Complete.the.Budget'Summa :y chart., More detailed budgets,may be"scanned and attached (and are strongly recommended).in support of the proposal. B Identify'sources of`leveraged funding forthis activity.: Include the status of hese funds(i.e.-cash onhand, grants received; planned.fund-raising,etc.)..Scan and attach.copies.of funding-commitnjent:ietters orother evidence,of.fundi ng support: C. Leverage-Consideration will be glven;to the.amount of non-CDB:G funds comrnitted-:to-the:project. BUDGETSUMMARY r,£ - --^w.* - r s Th+�-sF :. ' .- .� �' r'� h '""'" ss:i s.yam.• "r-*+''-f ' `" °' #_'C ..; ,.. � r �m I ;- x Rtsbdri of4Leueraged g; , reakdown „ Leuerage;Funds }, a " rIotalFunds ., �.�r, "� ""t�ta`.. ,:-';4k ,:h 'Mi3s`sIFUnC�S €�»,4'^ + '�r _.... ah . .,..,i,„n t„,,.t; ;, .,r ,. n r° 5 y' su T r •.!., e s c�." E.,. <, Personnel* $0:00. $691;50.00 Grants;/fundraisin $69:150.00 Contractual Services $0:00 $0:00 NA $0:00 (Specify. Rent'.and:Utilities ,$48904:00 $0:00 CDBG Request $48904.00 Communications $0.00 $0.00 NA $0.00 Travel $0.00 $0.00 NA $0.00 Other.(Specify) $0.00 131,946 Grant0undmising 131-1946 (Other:General operating expenses) TOTALS: $48904.00 201,096 NOTE Please complete Budget Detail Chart on pagA 26 if p�rsonnelcosts; are inclutletl m your.proposal r y: Grand Total: 250;000 City 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. Roundup to the nearest hundred. Please Note: Ajob,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 atthe end:of this document if necessary.'You must submit.job:descriptions-with:your:appiieation'for each position title identified below. _,t. 4� �� L s IRE i OFF —� hii.ihis.a cum ent ovi (Annual Eringe Total Annual °�of i Mme Spent ;� ofaLPosrtion � Position=fttle AnnuatSala on tti�s CDBG ig proposedsposition? ry` BenefiisSalarym .rteCostquested � x Pro�ect/Program from CDBG�_M WROM ON H-1 X.I X' _ X. _ � X = X — X. _ A. Oftentimes-projects'#hat receive.an-award of CDBG funding are actually awarded less than the amount'originally requested. This requires thesubmission:of a revised budget and a:descriptionof how:it-will carry outthe proposed activity With-reduced.funding prior to the.commitment%of any funding. Please'indicate here-whether,your proposed activity..could be undertaken with.a reduced:commitment of funding and'if.so; please highlight how that would affect the scope of services you are proposing. City of Elgin CDBG Application-r-)'201372014 Application Page.2o of 32 ON CETlFCA T T -t. In order`for<your application:to be acce.ptedjnadditiorrto the-application itself;<you,r•;organization must subrnIt.the following items to the-City.of Elgin:.Community Development Departmentno later`than 5:00 P.M:on"FRIDAY,'DECEMBER 14 3012 O An :original :application with all questions completed (single sided, not bound) of the completed application. (Only the erigrna(.:must include the-requested support documents such as the articles:of incorporation-and:the current list:of your'Board of Directors.) The followmgrattachments/certifications: (if you have not_submitted.an appiicationin the last two years;OR if the information has changed) OArticles of Incorporation 0 . Articles.of Incorporation O Current List:of Board of Directors O Certified.Organintion Audit/Financial Statements of mostrecent:year A. Copy of`OM&A.:133 Audit(Required if$300,000 in a.ggregate'Federal funds expended);.or B. Financial statements audited:.by:a CPA.(only if not.qualifiedfor_A-133;)or C. Profit and Loss;Statement for,most recently:completed:fiscal_year-and General Ledger..printout(orily first time:applicants'or those-who do notmeetabove chteria.maysubrri)t) 0 IRS-M0 c){3)Designation Letter(Pending letters will not.be:accepted) O' Current:Fiscal Year:Agency`Budget;:including all funding..sources 0 Job'Descriptions'per budgetdetail. An.Executed Statement 0f:Applicant.Form. An-Executed Signature Authorization Form. O Conflict.of Interest'Disclosure:Form. I herebyconfirm-that this;_packet contains all.materials required. Phil Wood City of Elgin CDBG ApplicationFY.2013 2014 Application Page 27 of-32 .� -`�- � +•. -s�- ,.. ,-�T-'� i.�e'd[ _ ��. r --�"-� ��.rt,,-,.. �r'^�.�r���` r �= � '�'�r_'�a. ��rs ..`_'�n" r_ 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 inthe-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. Thati if the,project(s) is recommended and approved by the Mayor and City Council,the City reserves the right to reduce and/or cancel the allocation:if federal entitlements are cancelled;-reduced;or rescinded. 5. The City-of Elgin reserves-the right:not;to fund any submittals received. 6. By submission of this-application,the organization agrees.to-abide..by.the federal regulations applicable to this program. 7. That,if the:project(s)is funded;-the organization agrees'-to abide bythe City's locally established policies and guidelines 8. That-past.program and financial performancewill be considered in reviewing:this.application. 9. That:services:are to.-be.,provided:at no cost to citizens.during the grant period. All program income (i.e.: fees,.repayments, foreclosures,:etc.)must be remitted to the City. 10. That, if the;projects) is funded,the City or-a designated agency may conduct an accounting system inspection to review internal controls,including procurement and uniform administrative procedures,prior to issuance of payments for projected expenditures. 11. That,if project(s)isJunded,the City will perform an environmental-review prior to the obligation of funds. 12. That,-if-a project isJunded, 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. 1.3. 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 lnterest_policy. Items of concern would.include staff members;seNing 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. _PENYaLTY FOR;FALSE=OR=FRAUDULENT:STATEIVIENT- U.S.Code Titie 18,'Sectfon_1001,-provides that:a fine:of:up to- 10 000 or imprisonment=for,a period=notao:exceed five years, or both;=shall:be.the:penalty=for-willful misrepresentation and the:_making of<false,rictitious,statements, knowin-3 same=tu be°#else. City of Elgin CDBG Application Ft'2013-2014 Application'Page 28 of 32 _13y.signature below,the applicant acknowledges the above in its"name on this 14th .day of, December 2012. The Wayside..Center Name:of`Organization Y• (Signature) Director (rifle). City of Elgin.CDBG'Application'FY 2013-2014 Application Page 29 of.32 C .SfGNAT TiHORIZATION FORM -g-X. ASA k- �� The Board of Directors of Wayside Cross Ministries' does hereby resolve that on January 8,.2013 'the Board reviewed the Application for Community Develooment`Block Grant Funds-to be submitted.to the City-of Elgin Community Development Department for funding consideration for the fiscal year 2093=2014 and in a proper motion and vote approved this application ror-sub Mission. 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. Wayside'Center (Name of organization requesting CDBG funds) hereby proposes to provide the services.orproject:identifiedan.the Scope of Services-in accordance.with-this application-for Community Development Block.GrantTunds. If this application:is approved and this organization receives:-COBG funding-from:the City of Elgin,'thisz 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,(.certify that-the organization is fully capable of fulfilling its obligation under-this application as-stated herein. 'I further certify that this application-and the.information.contained herein are true,correct and complete. I also authorize the.following person(s)to.have signatory-authority regarding this grant: James Lukose Executive Director Name Title Diana.Nelson Accounts Manager .Name Title John Ross President/Board of Directors(or other authorized person) January 8,2013 Date PENALTY,FOR,'FALSE:OR+RAUDULENT.STA-T:EMENT _U S..Code Title"18,Section-1001,provides'Ahat a-fine of.up.to.$10,000.or imprisonment fora- 'penod_not to-exceed five years, or both,shall be":the.pen:alty.for::wlllfui;misrepresentation =and:the_making of=false;?fictitiousstatements, knorvingaameao.;be:false. pity of Eigin CDBG Application Y 2013-2014 Application,Page 30 of 32 ... _ -- ---CONFLICT-OF°INTEREST— The'_standar&in OMB Circular A-110,Subpart C,:provide:that.no employee, officer;or agent shall..participate in the selection,.:award, or adniinistration:of.a contract supported by Federal:funds if areal 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.anyof the-parties indicated herein,.has-a financial or other interest`in the firm:selected.for an award. Tfie.CDBG:regulations at 24`CFR 570:61'1 and:HOME regulations at 24 CF:R 92:356 provide#hat no.person who is an employee, agent, consultant,offcer;-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 responsibili.ties=with respect to activities assisted:-wlth CDBG=funds; or.(2):who is in a p9s.i..tionT to;.p art icipate in a:decision-making;process or gain inside mformatiorr 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 thereunder;either for themselves or those with'whom they have family:orbusiness ties,during their°tenure.or for.:one.(1,).:year thereafter. A disclosure-of the nature of:any:perceived or actual conflict must be made priorto the execution of agreements utilizing:CDBG or HOME. IF NO=CONFL'ICT EXISTS,-COMPLETE:THE:FOLLOWING: OI.'ertify that no.conflict.of interest exists between the City of Elgin and(name.of organization) The:Wayside.Center O I certify`that no-conflict of interestexists between the subcontractors of the(name of organization) IF'A POTENTIAL CONFLICT EXISTS,COMPLETE THE FOLLOWING:. O I certify:that:a;potential;conflict of interest.may exists:betweenthe City.of Elgin and"(name of organization) OI certify:ahata potential.conflict.of interest may:exist.between (name of subcontractor) and.(name of organization. .Describe the nature of the:conflictof interest:below: ldentify-the individual,-employment•:and the conflict orpotential-conflict,and their affiliation with your organization. I :p 1-8-2013 Signature o.Authorized AgencyOff icial:and Date City:of Elgin CDBG Application.FY.2013-2014 Application Paae 31 of 32 CUIRRENTLIST OF D AIR MEMBER-S Way-s-i-ade � hoard of D rectors Officers Jahn Ross; Chairman Consultant„Daybreak:Comm'unications 3.29'Chestnut; Batavia, 1L 605.10=272`5:H:::63=79=2583 daybre,a @gospel=net com Michael McKenna 1%ice Chairman Owner, Dyna=Flow Corporation 1:3:60:River Road,.:5outh.Elgin,`!L 60177 11::630128.9-2621 dynaf law.co.r:.p@gm.ai Lcom Linda Kennedy Secretary Edwards Hospital, Retired 312=Monterey Dr lBohngbrookIL 604'40 630/739 40,40 kenndey31:2catt:net Jeffrey.!Roberts Treasurer Owner, J. S. Roberts Accounting (H)=:8`32 Liberty Avenue, St. Charles,1L:.60174.H: 6301377-.337.5 (131.800 West Fifth.Avenue L205;:Naperville, 11L.60563:13: 6301357-_66.67 j e@ j ro be rtsaccou n ti n g.ca.m ;lames I-Ukose Executive Director Wayside,Cross Ministrii?s:215 E.`New Y.orl:St; Aurora, IL 60505 B 630/392-4231 Direct 630172313423 jlukose@waysideceoss ori;. Active.Directors Michael R. Armstrong. Lead software Engineer, Motorola, Inc. 5 North Commonwealth Road, Aurora, IL 60506 'H: 6301897-2899:'B: 847/43'5179,17 armstron-g6D5O6@netscape.net Thomas Boehne Connections_Coordinator.., The Compass Church 1939 Phaeton.Ct, Naperville, IL 60565 H:.630/848-0705 tboehne@importingsolutiom.com Sandra.D. Fulton CPA, Office Max 2409 Clifton Court, Naperville, IL 60565-3343 H: 630X579-6108 sdfulton@Wideopenwest.com Georgia Gordon 192.N:Kendall:St, Aurora, IL:6050.5 H:636/851-5038 georgia_gordon@att.net 1 W ys a 'i e Cross Ministries F oard of Directors Tom Hartman 1050'-Monticello.Dr,.Aurora,'1L-60506 630/897/.9062 tthart344@a6l-.com John.Long 22-24-Newport:Dr., Naperville, IL 60565 H:630/416-69.15 C: 630/745=0468 jlong75004@aol.com .-Mary Lou Molter Community Relations Director, Little Friends R ION.Helene.Avenue;-Naperville;lL°.60564:8069--H.':630/904-4776 wesmolter@..yahoo.com Peter'Pabon Vice President; PNC_:Bank 4N-116 6ongfellow.Pl Saint Charles, IL 601.75 H::630/513-9926 pet&r.pabon@sbcglobal.net Timothy.Rueter. President, Foundation Wealth Strategies>LLC 2068 South Street, Geneva,.]L.60.134; H:-.630/39.7/5111 (8) 213 W. Welsey Street, Wheaton, IL 60187 B:-630/69015443 tim.rueter@foundcitionws.com Mark Todor 424 Ridgewood Ave. Glen Ellyn,.IL 60137 B: 773/251-3015 interiorbuilders@sbcglobal.net Ruth Wagner Retail-sales Et.merchandising RL 1112-S. E. River Drive,.Montgomery, IL 60538=1345 H: 630/896-6643 William"Wallbaum :Counselor, West 'Aurora:High School RL 2310 Wyckwood:.Dtive,Aurora; IL60506-4430 H:-630/892-448-1 Thomas=6. Wells finantial:Advisor, Wells Roselieb:Et=Associates 1519 Ritchter Drive; Batavia, IL 60.510=9283H: 630/482=9809;:B: 630/575-5050 thomas.welis@axa-advisors com tbwe11s51@gmail.com Craig.Zimmerman Ph.D., :Professor:Emeritus, Aurora University R 123 S. Commonwealth.Avenue,Aurora, IL 60506-4815tH: 630/896-4925 B:7630/844-5296 zimdrum @msn.com Cross M'mistries -Board of Directors Honorary Directors RH Ralph (3rOl er Director, Me Ws DIA§ion,.Wayside Cross 317µEast A'S land Avenue; Aurora, IL;60505� IL 60507-AO44.H: 63O/8.96; 7967` Geora CI Vice P'Fesider t, Vi tits:Vend:ing HR. 449`West_(7ow- er;Place Apt. 304, Aurora, IL.60506-4182 Hs<s6301.896 5104: QxP"Persons MaiapRhad - ic s=N c .lL 6053; 12U 63, /89 28-Garden Drive Montgomery 2289 J.._'.•_V ''.Gibson President, Fr¢ed6 t J. inancial::S�rv�ces rr 10.51_Cat�tcirma Avi?r7ue,<fiurora IL'G0506 2'GO.r F! 630/897=.'3453, Ra s G. Gonzalez G'wner,_The. coon Company, Real E Late " i2.Bi'rchwo6d CL, Sugar C ove, iL 60534 tI '30/554=1013:, Darrell EL.. Jordan Attorney,.privato;practi;ce Ei ( 6 4H30!892=1712 . B e 6 (B) G West-uowneri?Iace,;Auror a, IL 60506 p ;-63Q/t39� 1:534 R"Y:M: Lidecka' A ysistarit N�.ana.Ser;, Ace 1=afi dwarc H 21:4;.East Arrowhead:Street;!No th Aurora, IL 60542-1329,t!: 630_/.892 77=24 Ames,E. Mjlier Personnel M,anageb, �LLSTEEL: H 11A; Canterbury Court; Galesburg, IL?61401: 40&W 3098-43 06.92 Roger #4 na,olini Director of Endowment, ALH. a llnivel sity Rii ,2 3, Road,Aurora; IL 60506-4729 H..630/892 9555;;i3 630lf;.44=1'48 V Allon 'Sente,,' Department:Aanager, 11 "CT<rzH 103?i Lirrdenwood;Drrve, Auror. , iL 60306-5.730 H. 6301896-6043 Aden la, 'Swineha,ner PurchaMno Avent Aurora Metal Company RH 3206 Lalce Strearii:Drive, Kihp4bod, T- .77339 460.7 Retired,= R Honorary = H B#ue Executive Committee Red = Honorary Members Green = Executives:(Ex officio) E--.RTI,FIED-�1'0.*RGAN.IZATI"QN -A DIUMNANOWL C 'ENT YEAFtN-. TEMENTS OF MOST REJ WAYSME CROSS MINISTRIES FINANCIAL.STATEMENTS AS OF AUGUST 3 ,`201.2.ANT)201"1 TOGETHER WITH AUDITOR'S REPORT Dugan_ Lovatka Certified Public.-Accountants&Consultants A Professional Cnooration Miehaelj.Dugan 104-East Roosevelt<P.oad T.Brett Flickinger Jerry:L:Lopatka Wheaton,Illinois 60187 Karen N4.Olson Mark-F.Schultz (630)655_==440 Hugh E.Elliott Peter J.Zich Fax(630)665--5030 James P.Hofner Leo\ti. Misdom www.duganlopatka.com e-mail-info(Ja'duganlopatka.com Given 5:Henry INDEPENDENT AUDITOR'S REPORT To tine-.Board.of Directors of Wayside'C:ross Ministries: tine have audited the accompanying:statement of financial position of-Wayside Gross<Ministries (the Organizatioli) as-of August 3.1, 20:1 2 and 20 11; and the. related statements of activities, cash flows and°functional expenses,for the,years then ended. These financial statements are the responsibility of the Ornaiiiizatioti:.s mailagenient- Our responsibility is.to-express.an 01)1inion oil these financial statements used on our audits. \Ve.condl.Med:our.audits in accordance with auditing-standards generally accepted,in the United States of America. Those standards require -that we plan and perform the audit to obtain reasonable assurance.aboul whether the financial stateinenti are free of illat£rial misstatement.. An aildit includes examining, on a test.basis, evidence.supporting the.amounts-and.disclosures it) the financial statements. An aawdit 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 andits provide a reasonable basis for-our-opinion. In our opinion, the accompanying financial statements referred to above present fairly. in all material respects,.the financial position of Wayside Cross Ministries-as.of August 31,2012.and 201.1, and the.chamzes in its-net assets and its cash flows:for the years then ended, in conformity with accounting principles generally accepted in the united States of America. . DUGAN-& LOPATKIA Wheaton, Illinois December 5,2012 :.F F'1 t IAT INPACi INIE�NAt1Ot.:At t:=WOQY.O-- WAYq%%J&bS STRI .. .. .. - . . STATE£N OF qt VNICIAL POSITION &&E ' \ » 2 . - 202 CURRENT ASSETS: . . GmBSk GQigGv6eG& j 2&83, 5 . $ 1.518.512 prolllises:i uive. current mam§§es 39,270 $013 9 Investments ` 1,794.967 1,722.962 . Inventory . 25[77( ?lJ85 &\Iclnetando�e Ga± 2R d§ . K9G Total gMeh ss!& 4�791 2 ° :393, P\\/CRT '//D EQRRk§%9: Lir . _ L27.027 l?±2I ƒQ%\Q all PW /cA& . 0 4` 42 734 Vehicles . Ia%aq 15 3 907 \O/Ew « d e(Al le 1 3 9933-7 682.603) %G@ 2dp1 alld equipment 52 93271 ton (3\. \7292 3 /403«i Nel m de) went - 1-51:7.036 1-69C733 OtHES«SSETy 582 .739 Promises mgiv hied{§+i imeeGe \ ]Q0 . 3 U fe ddevelopment:costs 3 3%84 --.33S.943 . Total other assets . q 284: 42 8.084 . ` $ %721.403) 15.7 13\69 . »scmm/my62 notes are anin $aR»[m6 statement. E"FIIBII i LIABILITIES AND NET ASSETS 2012 201 1 LIABILITIES: Accounts.payahle and accrued expenses 33.942 6.797 Total liabilities ;;:843 6.797 COMMITivIENTS MET ASSETS: U.nr°stricted Undesignated 2;207 334 2.293.4 15 - Board designated ?:1 57;943 3:08 3.749 Temporal iiy rest�:icted ?243,284 1:380.90a Perntancntl�; restricted 49.000 49.000 Total net.asscts 6;087.561 5,707065 6.721:403 S 5.713.862 EXHIBIT'-' Paue 1 oft WAYSIDE CROSS IOINISTRIES STATEMENT OF.ACTIVITIES FOR THE Y.EAR.ENDEf%A:UG'UST )1. 2012 Temporarily �ermai�e� tly Unrestricted Restricted Resiricied Total SUPPORT AND REVENUE' Contrihutioils S 1,438:740 $ 1.,01 5;24 3 - S 2-;4:53;95 Bequests: 411.853 44,853 lip=bind contributions 1:55?.,548 - - I,582,545 Store income 503:`40 - '503,540 Lnvesmient income - 4`5 94,8208 Gain of.`sale of li.ropert and egUIpmenl 2.'�U0 - 2,:500 Other revenue 102;375 Total support anel:revenue x.:7.69:339 L:01'5,288 - 4,784,62-7 RECLASSI F CATI01\S: Net assets released upon:satisfaciioii of pni_l ose restrictions 54:334 (54,374) - Net support and Fetienue 3. '71 3) 960.91?f {.°!78A-,, 7 EX`RENSEs: i?ro> ram>:services - Masrei.`s Toucll'Men'siMinis.try 510,994 - 5107994 Lifespring\,Vomen`s Ministry: :689.649 - 689;649 Hope!Outreacl Ministi_y 1,18T-L,"3 - - l;1 57:7.33 Urban Youth Miiiistrj 174,(19{ - - 174,094 Ne\c,, Life'Cormctioils i hilistry 142,8-1 .14218-19 The Wayside Center 467.541 .Development 404 450 - 404:4'50 Ad�iiinistrat ve:and general ?35. 08 - 238:708 Total•expenses 3:'81:;:9:85 3.'51 S:9SS OTkIER-C'.iiANG'ES I NET ASSETS: Unrealized.Haiti oil investments 1Q;.;8 8 1.469 l L857 C hi.ANGE IN NET ASSETS 1:5:1'1 3 962,353 950,496 'N'E7'.ASSETS,'Bet7b iiinineoca'F 4,:;77.F64 1.280.901 119,000 . 5,707`065 NET ASSETS, End of year S 4,39.5;_'77 ;5 ?243:284 49,000 1 6.6&7.561 The accoirtpanvinn notes<aec an inteeral part-of this statement. E-XH1B1T 2 Paee._2 o ,) WAYSIDE CROSS NIINISTRIFS STATEMENT OF ACTIVITIES FOR THE'YEAR ENDEL) AUGUST 31.301 1 Temporarily Permanently Unrestricted Restricted Restricted Total SUPPORT AND°RE°VENUE: Contribu(ions S 1,131._=40 S 900:424 S S 2,031.764 Bequests 29.597 - - 29,897 in=kind contributions 1,442.6&1- - - 1:44201 Store income 4=12:7» - 442.755 :Investment=income 17:',S I 4.259 31:71:0 Gain on sale of:property and equipment - - - Ot Ile[-:.1'eVenlle 105:612 - 105.612 Total support:and re\1enue 3,169.736 904.,683 4.074.419 RECLASSIFICATIONS: Nee assets released ❑pon°satisfaction of Purpose rest-iefionS 81-.80? (81.502) - Net stIpport and.cevenue 3:251 35 522;881 - 4.074,419 EXPENSES: Proeram services- Masters Touch n4eti's Ministry 490,125 - - 490.128 Lifespr:ing Women's ministr?V 615.741 - - 6^-.5,741 -Hope Outreach ivlinisuy 935.937 - - 9'5.931 Urban Youth Ministr}, I82.916 - - 183.916 New Life Corrections Ministry 1.28.788 - - 138.79S The-Wayside Center 490.227 - - 490.2217 Develoomem 32:,_,S2 - - 327 38 Administrative and eeneral 264:951 - 264.98 1 Total expenses 3.466.100 - - 3.466:100 OTHER CHANGES IN' NET ASSETS. Unrealized Cain on investments 152.454 3.479 - 155.963 CHANGE IN NE.T ASSETS (32.078) 526.360 - 794 28 2 NET ASSETS, Beginning ofyear 4,409:°4? 459,541 49.000 4,9i2.7S3 NET ASSETS. End ofyear S, 4.377.164 S 1.280.901 S; 49.000 S; 5,707.065 Che acconmanying notes are an inte`,ral part of bits statement. EXHIBIT 3 WAl'.SI°DI✓CROSSAMINISTRIES STATEMENT Ot= i ASH FLOWS FOR THE YEARS ENDED':A.l ii)t iS! X1.,201 ; `ND 201 1 2012 2011 CASH FLO.W.S:-F:ROM OPERATIN"GACTIVITI'ES: Change in totahlel assets 980.490 S 79 4,2 82 Adjustments to.reconcile'change in:total net:assets to::ne! cash'provided b,y'(used ih)operating activities: Depreciation 1:90;431 1.90102: (Gain)-on sale.of pico ett. -d (2;500) -iii Realized (eaih)-loss:bi investments (48,667) )4.1.x.1 Unrealized (gain)ominvestments' Donated,propert Y.-and:equip neht - (7;900) RQsti:i.c.ted cOntribLitlionsi For capital campaign (9M098) (16$;702) Changes in.assets and'liabilttes: Decrease—in receivables (:.Increase};irr:inventcit_Y (4'85) 0 96,91.6) Decreasei i.prepaici expenses and-other assets 17'799 5.234 Decrease'in casli.value ofaife insurance - 96.4-,3 lncrPase:(dectease) ill acepunts payable and accrued e:�penses 27,04:5 (3:1.1:5.8) NeCcasli-prov.ided bv:(used in)operating acti-vities 162,564 (1:66:.9811) CASH FLOMSEROM INVESTING-ACTIVITIES; Proceeds fiom sale oFpropE!al;atitf edu.tp- me! t 2;500 - Puithase,of property ncl e(ltiipment (1'6.7341) (22226) Purchase of-inwv stn ents (3'41,354) (781.53.5) Proceeds Toni salc O investments 3_'8.359 75-5;~4°2 Net:cash (Used iii) investing;activ,ities (27:229) (48,219) CASH T=LO'NIS FROM FIN ANCING;:ACIVITIES` Collections of`restricted:promises.to.gi.ve 40.100 333,850 Contributions foi-:purchasing equipment 919:698 86$:702 Pa}mentscii;anntiiti ob}ia.iions (51729) Net caslY.provided by financing::activ.ities 1.029..:7.98 1 196:82s N.ET:CHAWG,E IN CASH AND CASH EQUIVALENTS 1.,.165,1:33 981.620 CASH AN-D CASH EQUIVALENTS. Beginning ol'yea; 1.,518.:5!2 536,892 CASH AND CASH .EQUIV;ALEN:TS,-End ofy<ar S 2,681645 S 1,511'8.512 The.accompanvin,-notes-are an:im,cural part::o;:_titis s!atem'-fit. %VAYSIDE CROSS NHNI.STRIF� �5j V mim F FUNCTIONAL UX 1!.I-:INS I.-IS Z�I�NOIJ)�/\Lkj,IJST 3 1.20 12 I.i6cspl-ing I lope Ul N11) Nc\\ 1;;I'e The ;Stlitiini>:irili 'c] Iuuth Y6611) Conectiolls Wliv.�itle and Nfell \Volilcli's ()Illr�:Icll 1\4 Ili'Mi,v Cemel, De\e1opmcm 6encml Toull ic, b 115.367 170.202 S I d 6,d 66 S 07:620 S 75A97 8 Q 3 $ 133.881 $ 8 6".6-11 I n p1t) cc L)ci ic I i is - - 17.7(50 17.7.60 3:5.520 .322 SO 7 61.762 Po\loll I;i.xcs 7.9 S G 11.3=17 1 O.d 68 7.3 H 5;0'A 6 1617 10 12;66-1 172.611 InsuraliCC 25.873 2 7..q 4 21S9 1 6.0 I: Cirri tent plat 2.500 x1.553 1.500. 1.7 83 1.12 5 MOO 21:0.11 k1twolikill and Ooinii)L 2 I $4S 200 35 653 1.907 spociol ministries 9.953 830 3 13 2.182 8.2;0 2.291 36.,1'94 1.5194 826 18,7115 food 21.559 3..q 30.701) 120 292 I,I$ Giri>in kind 162.34" 295.07S 915.687 14:100 47.2j0 218.0,7 7,7 5 0 ISIS 1.582.11153 R(Imils and nmhllcimllce 21.0112 2-1.0 1 1 17.2 ZS 2S 1.1 7 3U 4.910 6.937 I.GII l 7-SAIG d 1 i L:!C �,,l I 1,06 2:7 G 0 1 9A 6:1 Ut i -f.-f 2) -1.,14 4 2.760 1 -1 2.700 Di:;pos;lf 1.755 40?03 - 1.759 - J-I.M Rem - -17.1(1 J I j.I(" Tdcphollc 1.7 6.952 4.377 (199 4-15 3.57() 2.1180 20.526 7-522 - 22 Ill illiin?;and -5 7 lloCmLc 277 7 -10.091 12) -12.227 iq 6.15 Ad�Ci I king told promm ion 1.171 .797 - 1.0 1 97 ".() 7S 2 g5 0.710 011cs filld Coll":111 it'll 200 2S5 200 jj)5,q 200 -IOU i, 6.Iq 2 1 1.2 1 1 10.796 7. 60 5.;.6 S ::SSG 528 d 6.1 So 3.0s 1 4 -377 5I 1-1.472 t):1 22,907 1.910 5:1 17 ?.025 1.617 1.4190 1.6"4 Buildim-,C0111f)"11211 28.--16 'j, 6�620 RU,Oi-ded CNI-10lik5 9�' - - 2.1-16 - 17.977 29.140 Dcprccintiml 57.129, 57.129 7.6 17 7.617 7.617 :5.096 7:015 7.618 1'1(143,1 1*61ol (589.6-19 1.10.7-33 2:8,1 -167.5-11 238.70S $ 15.989 20 12 18,07.°;i, 3 1,.1 39;', -1.5 6.'!;. I 11c tloiQ:;:11 L::m illk-u:a1 p;I!-1 ol,llli�st:llcmcill. EN 111131T d I'a_e 2 bi'2 1K•AY\ IUI C'I OSS MINI IST.RIIiS S I n 1'I:U15N1 Ul (-U1`!C'l lf)N/�I- I \I'I:N51S� kw I I II 1 1.11Z_I Nl`iI U nla( l S1 i'1.2oO. lvltister's L.ili s0116o I ho PC UI'bnII Ne>t I.ilc The At1_niinis1121ixe (ouch Men's \Voilien's Otilreach Youth Corrections 1\'iitxsidz "Ind, \linis(r �Liiii lr� \Iiiiistry Nlinistry hliniai'� (.cilimi _ Ueielopiiuiii', Gaiei,il (oull. .:. S t. 5.'7112 1-1.-69 ,S 4.160 Sul;aic• 112,3J9 S. 179.90: $ I48e369 9 31S7 (Impluxce bcnellts 17.760 17.760 ('hx t'till uixcs 714 3 1:.202 I I:d?-u 6.511 2:357 G._,.S -1.00(1 I 0.65 i G 1.751 1w:tIf(Ilct ±4:.199 _M619 4.0.240 2.2109 8.759; 13.942 '1..732 -15M9 196.70-1 Relircincht plzm 2:(75 5.142 2.435 2.0,00 - 1.5S-1 2.9.1.7 1,1303 31.409 I�ducalion"Ind iiainiiio 159 GS; 216 1.058 `pecial iniiii<Iiics 7;-152 1.11,2 4:747 3.1117 7:126. 2.69; 26.267 I:esidcn(e�ptrices 26:0;S I`.7i9 (,42 23.479 Food 22:057 4:340 - ;.379 0? WAYSIDE CROSS Ni_INISTRiES NOTES:TO FINANCIAL. STATEMENTS AUGUST I. 20 2AND-20.1 i I) SUMMARY-:OF SIGN IF]CANT ACCOUNTii�1C FOL-ICIES: ulayside Cross Ministries (the Organization) is a nondenominational Christian ministry serving the physical and sliii-itual needs-:of hurting, needy and homeless people in ALWOra, ,Illinoisand Elgin, liiinois and-surroimdimz communities. The ministries include.a nlen=s-rehabilitation_progi-anl-foi-druo anti alcohol 'abusers a wonieWs an'd children`s :shelter, rtltiterial assistance programs,.youth ministries.that include-tutoring and at{hie(ic.proLrams,.pi-isbrr ministries, and transitionafleaniing aitd housing.progranls. The financial statements were available to be issued on December S, 201?, with subsequent events.beimrevaIuated through this:date. The following 1s-a'sunlnlaly of the:5lgnifica11L accouliting.policies applied by management,in the preparation of`ti1c.acconlpank�ing financial statements. Basis of Accountitl� - The lihancial statements are prepared on the scerual basis Of accountin<_= whereby revenue .is recognized when earned and expenses are recognized when incurred. Contributions and bequests are recorded when cash .or,other assets are received -or when .an unconditional -promise to give is made: Donated food, clothing; materials, equipment and facilities are recognized at their estimated :fair-valtie on tile.:date of receipt: Cash and'Cash EQUivalents - The Organization considers all highly liquid .irlstl'unlents With an original maturity of three months or less as cash equivalents. Credit Risk - Fina1>cial instruments .which potenti lll�' snbjW the'0r2anizati0ll to Concentrations of Credit risk consist.principally of cash. The Organization places its:cash and deposits with high--credit quality;' financial institutions: however. depositsniay CXCC°d the fedel'alk. insured limits. 1n>vestmenrs- Investments are reported at.fairvaltle. Investimcm income (.inCluding reahzed.!galns and losses on :investments. interest and dividends) is included in operating income. Unrealized gains.ancl losses on mvestments-.are:included in other changes in net isscts.- ilaventories - Inventories consist of clothing, furniture. equipment and miscellaneous household item, which have-been donated to the Organization for sale or distribl.16011. SuCh items are recorded at tlleirestimated value. 2 (1) 'SUMMAR ' DF SI.GN'I'FICAN I'ACCO.Ui\ITiNG TOL ICIES: (Continued) 1Jncoitditional Proniiscs t a Give Contributions of rash arid. other.:assets` aie uetignizeii:at fair value VVIIen the donor makes a proniise-to <_ive:that is,..insubstance, unconditicm,-il, Contributions are.t-cported as.increases in temporarily Or pernianentl;y. restricted :net: assets; depending on tic; nature. of the ',restrictions., When a -restriction expires, temporarily restricted itet .assets are. re.classit-red ao unrestricted:ttej :assets and .reported in the statenient.of.activities as net assets=released from restr icticihs: -Properly and Enuipnient:a ` rQperty aiid eiluij�ntent are valued at cost ni-_their fair lntarket V ILI' ' tit the: date of donation. Expenditm•es for :renewals and bettetanents °which .ex.tend tite life of such assets are capitalized. Caprtalzation policy is $1;000.. Mainkenance and repairs :are charged to expense as incurred. Depreciation eharv�ed-to operations is:computed-usin`-the;striig.ht4ne method based on the estimated :useful:lives of the:assets. Depreciation charged::to opera tions was 9,190. 31 and 190:023 :for the years ended:lAirgust 31,201:2:and.201 L, respectively: _income Taxes- The Clrganization is:a not-fo,r-Profit corporation_as described in Section-501(,c) 3j;of:tbc internai Revenue Cotie:and,assLich. is DO jcctto inccinie ta.�es on net:incoriie:froni.exempt purlioses. The Ocoanization does.not'?fide ncome'tax;rettirns in either the'U:S. federal,jurisdiction or Illinois :as the Organization 'meets the regtii-ement to be exempt.from`filing returns unless they, incur unr6latetl business income. Deferred Development Costs - Costs incurred :in conjunction v�,ith tire.planned redevelopment of the oTganizat'ion-s pro,p.ert� irt. Aurora., Illinois have 'been capitalized as ',pro}ect co cs. As the separate projects are completed: the det6:re.d:.costs Will be..:alioca.ted to 'the projects:and depreciated as part of the costs of the completed projects. Use ol''Estinintes- The )reparation of:financial state.m.ents in conformity with accounting .principles generally accepted iri the United States.of Amei=Ica t-eduires ntanatt,entea t to make estimates and assumpttons that affeet:reported amounts and disclosures. Actual tresolts could differ fi-om those estimates: . Expense-AIlocation - The costs of providing various programs and :other activities have been sunrrnarized on a functional basis in the statements.or activities: and functional expenses. Accordingly. certain.costs have been ai'located amornb tiie programs and supporting'set-vices benefited. - 3 - (1) SUiM,NIAR.Y OF SIGNIFICANT ACCOUNTING`POLiCII'S: (Continued) Reclassifications- _Certain accounts-in the prior year financial :statements have been reclassified for comparative purposes to conform with the presentation in-the current-Year financial statements. (2)—_ :PROMISES TO GIVE: Included in pled.�-e receivable are:thefello\Vin`� unconditional promises to '"We.- 201-2 201 1 Pledges for )3ridge<to:.Life.capital campaign 52.720 9.2_ 20 Amount due in— Less than one'year 1> 38.270 S 60.317 One.tofive years 14A?O 32:5'0? S -5.2.720 ---9?:R='C! LL INVESTMENTS-. -1 nvestments at.At!oust 31,2012.and 2011 are summarized as.follows: Cost Fair Value 201� T- X011 20.12 2011 Unresu'icted - tvlon?y market S 1.078,Oti 3 s -152;85A ,S 1.078.003 S 7-52.854 Real estate,investment trusts 7417215 74,735 47.82-1 4.7.82.1 Mutual funds 541.1A 504.690 669;143 922287 1.693 F. G 1.63.2269 1.794.967 1.7219.62 Endowment t fiords- _ ... _ _ Money market 5,-2 03 5?-03 .5_'03 Mutual i=uncis S1:1 ='• 5 1.549 53:049 51.535 57-_052 55.252 5:6.738 75 0_9h:> S_i -689,21 S --1. S513 2I9 _. I.-R-9.700 Investment income(loss)consists oF the fo11owin-: 201? 2011 Interest income S 46.1161 S 45_841 Realized s-min (loss) 48.667 041.131) U!irealize&zain - 1 1.55 7 185.963 __ _ 106.6(85 11_.-_W 207,.67 _4 _ f 41 FA I R VALUE M L"ASU REM ENTS: Tile Accounting Standards Codification jor Fair Value Measurement established a framework-for ,nteasur-ing fair Value. That frame\,vorl„provides a fair.v du hie�arcb} that j�rioritizes their pots-ta valttatioii techniques used tmmasurel fair value, Tlie-hierarcliv gives the hiuhes:hriocit}to:unatiiusted quoted prices:in :active:marketsfor ideiitical assets or habilities:(aevel I nteasuremeiits)°aiid tiieaawest prioi'.ity.to unobservable inptits..()eve13 measurements). The three-levelsol"the lair valtte.hierarchy are described as follows: Leve; 1 .inputs (o.the valcation't tethodology':are unadjusted quoted pr ices for identical assets or liabilities if) activcmarkets_ teve"1:?: Inputs to the Valoatioti methodology ii,160de: quoted,prices forsintila+'.assets<or liabilities in active:.fill rl ets 0 quoted piicesfoi>:identicak orsitnilarrasscts<or liabilities'in:inactive markets, inputs-otherthan gtioted:pocts for the asset o liability,; U _inliuts:that..if derived principally fi'ont, �.or corroborated 'by, observable marl et data by cor.relation all-6th.- means.. -if die.asseror liability has.aspeci ied (contractual) term, the level 2 input mcstbe observable for substantially the term of,the asset or liability. Level 3: hipnts to Allevalmlfiojl.method'olno)r_are.:emobset-vable and significant to the'fair value measurement., The-asset or liability":s fair valise nreastirement 1,6.vel`within the fair value hierarchy is based on the io\'VeSf tevei of Tny i nput:that 1S.significalit to th, :fair:vaI*Li.e measurement. Valirition techniques:used:need'to maximize the usc:of observable inputsand minimize the cse:of=unobservable:inputs. Fctllmving Is.it description of' the valcatiolt methodolot7,ies-used for.assetS measured:at fair value. There have been no chanties iii the methodolog'es used at,;August 31..20.1? and..2011. It%Iutrrcir FtinMis: Valued at fife net asset value (� ol'shares held by the Oruanization at year end. Reul,Eslote Int+csimew' DDusts: Valued 'based. on the net asset value (1\,AV) :.o' each investmentpositio>r, as provided by tite reslaect.ive ful d mana�.;er. The preceding methods described may produce :lair value calculation that may not be indicative.of' ,net realisable value.or reflective.offuture fair vattie-s. }crtherntore: although the Organization-.belie.\,es their valt i ion :methods. are appropriate and :consistent with ether market participants. the Ilse of.different ntethodolog'ies or assumptions o determine,tile fanattaial instru}ncilts could restiit in a different fins-v,iloe measuremeut at thereporhm+date, 5 - (4) FAIR VALUE MEASUREMENrTS: (Continue,d) The [6llow:ing table sets forth by.ICVel, Within Ilse fair value.hierarchy, the Or-anization's assets at Fair value: _ Asst: s_at Fair Value as of.AnIuSt 31. 201-2 f)esci iption Level I Level 2 Lewei.3 'Focal Mutual.funds- U.S. laFOe cap S 407.996 S - $ S 407.996 :U.S. mid/small cap 25?27 - 25.227 :International 258.1`S5 - - 258,155 CorporateLLoveniment bonds 30.81 - ',o 8 1 A Total mutual-funds 722,[92 - - 722.,192 Real estate investment tFUSt - 47M 1 47:821 _L—4_Z Q-1 770.0.13 Money market 1.08.3.206 Total.investments S .1.:853.219 Asses at Fair Value as of August 3 l_20.11 Jescriution L.evt; i Ltvei 2 Level Total K'tutuaI funds- 'U.S. laree cap S 486?1,5 S S - S 486.215 U.S.midlsmall cap 24-12 T! 24.2 2 International 423:94; 423,947 Corporate s-mverrrriiertt bonds 39.398 - 39.388 Total nuuual Funds 973.82= - 973,822 Real estate im%eshiient trust - 47;821 4.7.X2I _—?973.._92, S-- -- - =.=4?.:S?1 1,02 1;643 ivlonev market 758.0.57 Total invCSnnents S__1_779_.700- - 6 - 1A _ FAIR 1%AI IJf'NILASUItEP9FNTS:_(C.ontinuedj Certai11assets:and`l a-bi I it ies, am measured at:fair:vaitie on.a non=rccilrring!'basis, and,.therefore. are not:included'in'thc preceding table. Level.3 Gains and Losses: The foilow%ing.table.sets:forth.a sunuMry of civanges,in the :fair value Of[lie Organization:is level .3-asseels_fol life.years elided Au�zust31,, 2012:and 201 I" 201? �OII Real esttite iMTStmellHRIst- Balaiicc bemi.nung:of the year 47;821 5 51.809 Realized and Unrealized-(joss.) Balance,:.end.ofjeear S___ 47;b2_I X4.7 s'l _(5) . ...ANN.UiTY OB'L-IGATI:ONS: The Or*anization has several aitrltiifies riue ill fixed aliiounts over(lie lives of beneficiaries under charitable gift annuities. As.of AuCLISt 31:, 2012, based on .aehive laill1l.lities, approximately SA-.700 'is requireclAn annual alfiiuity:pyinents;whicli are:expen.sed:as ikurred. There,were no Ilew'coiltributions 2012 and 201 1, cespcctivcI No.liability wasa•ecorded.and no-rev.entle will be recovnized.at:the death-.of tlhe:beneficiavyas the naanagentent deterrnined.tlte amount to be immaterial. ccl RETIREMENT PLAN: The Oruanization 'Spoils ors Cq. dtFiiitd-conti`ivutioii.plan izttrsuanta6 Section 403(b) of the internal Reverme:Code. The plan covers all employees meeting. service requirements, Ellgible participants niay elect salary deferral.colitribt111011s:aili to the maximum;amotfnt allowed.under the Internal:Revemle Code. The plan-prop ides:for:discretionary matching contributions by the :Organization in accordance with (lie. terms_of the hlan. Contributions'by the 0rgp*nizmiO.n amounted to $21,041' and '.$3 L409 for Au�_Yust I. 20-12 andl20'1 1._respec.ti:vtk. LD__ R`t-S i RIOTED N ET ASSETS: The Or..eanization:reports 4�ifts cif cash and other assets.as .tempo.rarily or permanelitl> :restricted lctrwssets if they are received -with donbi stipulations (hilt limit the use of the donated assets. When a restriction expires, restricted enet assets;are reclassifted to unrestricted. net .assets .and reported in the statement of activities as net ;assets released from restrictions. Temporarily restricted -net assets of' $2,243,2134, and $.1.280;901 at ,August 31. 20;1_` and 2011, :respecti ely- are restricted for capital expel ditures. ministry programs -and anntiit)i paynaenls Bile to beneficiaries. of donors. Permanently, restricted lie t:assets ofS;49 MO.atA:twuisi 3 1.2012:and 201 1 are restricted for:in vest nfent in perpetuity. 7 - (8) LEASE COMNIFNIENTS: The Organization leases building space from the City of Aurora under an.m,,reenienl that expires in..June. 2016. The Organization has options to extend the lease for two iddiilonaI.tcn-year periods. Rental°payments of one dollar pervear.are payable upon the annual anniversar3, date of the agreement. In he event the City of Aurora terminates the agreemem :prior- to 2016, the Organization is entitled to a partial reimbursement of costs incurred to rehabilitate.and_repair the'-building. Estimated fair value-of rent for-AtrUust 3 1, 2012 and 201 1 Nvas..SI V8,030 and S 112.4 10; respectiveiy,=and was recorded as in-land revenue-and expenses. inv addition, the Org anizaLion=leases.btiilding_sl7ac: in Elgin. Illinois under an operating iease that expires in December,2017. The lease requires monthly rental payments which include real estate taxes_ insurance and common area maintenance charges. 'i'lic:Organization has-various equipment leases that expire on various dates through:Aupust. 201'5. Rent Cxpensc for the nears ended August 3 I..2012 and 201 1 was 567.059 and $54,7791,.respectively. F.unn'e mininitnn lease:commilments under the (ease are as follows: 2013 $ 65.525 2014 62,176 2015 63.655 2016 53.433 201.7 17.954 63..1 06 ENDOWMENT:- The.Accounting Standards Codification .(ASC) provides Ruidance on the net asset ciassiTicition of donor-restricted endowment.funds for anon-profit organization that is subject to:an enacted version of -the Uniform Prudent Manaeeinent of lnstittrtional Funds Act of 2006(UPMIFA). The Ors=anization's endowment consists of.t\vo individual furids estabiished for various purposes. Its endowment consists 61' donor-restricted funds. As required by generally accepted accoun(inf1 principles, net assets associated with endowment funds. including funds desi`.tnated by the Board -to fnncfiorl as enda\aanents, are classified and reporled bred on-the existence or:absence of donor-imposed rests=ictions. The Board of Directors of the Organization has interpreted the.11linois Prudent Management of Institutional Ftrnds Act (iPf\9iFAl, as rcquirin',tile preservation of the Fair value Of tile ari=inal eift as of the lu i#t_date ol'the-donor-restricted endo wment Funds absent explicit donor stipulations.m tine contrary. As a result of this interpretation; the Organization clan>iiics as 1�ermanenti restricted net assets (a) the on,2inal value o1'rifts donated to the permanent endrnvment. (b) the original value 01,subsequent <_ifts to the permanentcnoowmem. and (c) accumulationslo tite permanent cndoNvnient made in:accordance with the direction of the applicable donor gilt instrumental the time the accumulation is added to the Fund. The remaining.por'tion of the donor-restricted endowment fluid that is not classified in permanently restricted net assets is class: as lemporarily restricted net assets until those -amounts are appropriated for expenditure by the Organization in a manner consistent with the standard of prudence pres::ribed by IP%N1IFA. Vic)): ENDOMIMENT: (:Continued.) In 'accordance with :RMIFA, the Organization considers the foi ON-ving. :factors !n :slaking a detci`inination to aplicopriate.:c r acciulluiate_ cior or restrieted endot<<rllcnt funds: (;I) the duration cold pries iiration.of`the.kariolis funds (?-)-'tile::purposes`.of ilia donor=restricted,.entio\vilientfit id s,:(3) `general economic conditions. (:4):the p€tssitiie:efiect.>of infl..�ititln and deflation; .(5) the expected'total retLra•n from incoriiz. and the apprecialiori oi An.vesmtems,, (6) oilier resources' cif the Organization, and (7) the C�c�fariization's:in.vestmcnt policies. Investment.Return'Objectives, Risk Parat»eters and-,Spate+pies The Organization liar adapted investment arid: spending policies. approved by the .Boiird old Directors, for:eiido�vdileiit assets that attempt to pr-oi,ide -a predictable stream of funding :m:.progr,. supported by its_eridownlent fiulds;-while also illaintainiii;;" the purchasing power of those`endowinent assets over the low-, term. A- corchnbl the anv.estnlent..process seeks to achieve an after=cost total real rate of return; including investment income as .well as capital ahi5•eciR1 oil, whicli :exceeds the annual dish i�ulion with acceptable:levels of 6sk. Endoxvmcint assets.are iinvested:in a well diversified asset mix, which includes:cash and nrcrtuat funds thai,are intended,to result in a consistent rate of:return that has sufficient=liquidity to make an annual:distribution whilegrowin-the fonds, i1�lassi:blc, Actual-:returns:in any Egven year'lllajr vary."fr`orll th ssanioiuit. Investment risk is measuredt'in terries of fhe.total:.eiidawiiieii[:fund; :investment:.assets and allocation between asset classes and :strate nes are manacled.to_not-expose the'.-fund to unacceptable lev.ets.of!-isk. Spending:Pohicy- The-Drgabizatiott;hac,-a policy.of:allprppriatin�__: for distribution. each yen of income as;directed by tile.BoaI-cf. Eildownleritcontuos ition:bynetasset-class:as.c,f<au usl:�_I,?0:(2.aniJ?01`l is:as.FoClo\vs: Total Net Temporarily Petrnlaneratl:y Endowment U -estrlctud Restricted Restricted Assets lu Donoi:=restrictcd endowment funds �- �. . 9-2152 S .49.00_0 �5, 5S,25:2 201 Total Net Tenlporanly Permanently Endowment Unrestricted Restricted Restricted Assets Donor-restricted endowment funds � _ �_ 7.73'8 % _ (91) (j -,:5:6,73_8 , 9 _ !9) EN DO\��y1L�!T::(C.ontinued) Endowment changes by net asset class for the years ended Au'ust 31. 2013 and .301 1 are as follows: 2012 _ ----- Total Net Temporarily Permanently Endowment Unrestrin-A Restricted Restricted Asset Endowment net assets, beginning of year S S 7773:5 S 49-;000 S 66.735 Contributions - - - Netappreciation - 1,469 - 1,469 Investment.income 46 - 4 Endowment net assets. end ofy.ear �----_ — �=1)252 ?S_2_52 2011 Total Net Temporarily Permanently Endowment Unrest-im:d Restricted Restricted Assets Endowment net assets..be2innino of year (2.395) 1 - 49.006 S' 46.605 Contributions - - - Netappreciation i3C.)5 — 3,479 S874 Investment income 4.269 4-269 Endowment net assets, end of year ti _,- 7_Z38 '19;QO_U _ 6 7 -S (1'0) CONCENTRATION: :During the years envied Au�-1ust 31. 2011- and 201 1. two donors contributed approaimatcfy..3l% and-34 9/0. respcctively. ;il-the contribution-.revenue, which was restricted for-the Capita Camp iL_=n. s - I = i. "c I : EX VT I _ ER RRENT BUDGET - I - I._ _ 5 _ = 4 e I I 2012.2013 BOARD APPROVED BUDGET I I I INCOME.GATAGORIESIGENERAL IWC INCOME 725:000 250:000 I 1 ACCT V ACCT DESCRIPTION IELGIN EXPENSES 5100 SALARY EXPENSE(to) 69.160 5102 SS/MEDICARE 5.291 5104 MEDICAL WS '9;933 5105.5100 LTD/LTC/1-FE.INSURANCE 617 5108 D=NTAL I 640 51101HOUSINGALLOW I 18.760 51401STAFFTRAINING 500 .5180.51811FND RSNG/SPECLIIN I 11.000 51901 RES ALLOWANCE I 1.040 51931RES.LAUNDRY 100 51971RES SVGS MISC 100 5200 FOOD 1 1 3:800 5210 FOOD:SUPPLIES 1 500 5300 DUES CONVENTION 1 400 '5400.541 COMMERCIAL PCKG INS. 1 1:973 5420 VEHICLEANS },q37 5430 WORKERS COMP I 2.374 5450 M11INISTRY:SUPPLIES 1 250 5456:06 ELGIN-DUPAGE INITIATI\c.I 12;000 5501 IVEHICLEFUEL I '1A40 55021VEHICL E REPAIR I 500 56001BLDG REPAIR I -800 .56051BLDG.SERVICES I 4.200 56101EQUIPMENT REP I 250 56301 ELECTRICITY I :8:250 56311 HEATING FUEL 4.500 5632 WATERISEVVER 3;100 5633 TELEPHONE 3,650 5580 RENT 1 48.904 5703 DISPOSAL 1 1,650 57401POS-FAGEI 1:650 5745 PUBI-ICRELATION'S 250 5750 OFFICE-SUPPLIES 500 5751 DATA PROCESSING 100 '5752 OFC EQUIP/REPAIR 1 250 57531 PAYROLL COSTS 1 .281 $7541AUDIT EXP 1 }:412 57681PROMOTIONAL 1.000 I I BUDGE ii TOTALS 1 222,472 EXHIBIT A.1 Lease Agreement 13 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 I; (B) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-208), as amended; and that the SUB-RECIPIENT will administer all programs and activities related to housing and community development in a manner to affirmatively further fair housing; (C) Section 109 of the Housing and Community Development Act of 1974, as amended; and the regulations issued pursuant hereto; (D) Section 3 of the Housing and Urban Development Act of 1968, as amended.. (E) Executive Order 11246-Equal Opportunity; as amended by Executive Orders 11375 and 12086, and implementing regulations issued at 41 CFR Chapter 60; (F) Executive Order 11063-Equal Opportunity in Housing, as amended by Executive Order 1229, and implementing regulations at 24 CFR Part 107; 14 (G) Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended, and implementing regulations when published in effect; (H) The Age Discrimination Act of 1975 (Pub. L. 94-135), as amended, and implementing regulations when published for effect; (1) The relocation requirements of Title H and the acquisition requirements of Title M 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 hav'm, 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 I of the ACT; or (2) for purposes of assessing any amount against properties owned 15 and occupied by low and moderate income persons, the SUB-RECIPIENT certifies that it lacks sufficient funds received under Section 106 of the ACT to comply with the requirements of subparagraph(1)above. 10. The SUB-RECIPIENT certifies that it will provide a drug-free workplace by: (A) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the SUB- RECIPIENT'S workplace and specifying the actions that will be taken against employees for violation of such prohibition; (B) Establishing a drug-free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The SUB-RECIPIENT'S policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. (C) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (A); (D) Notifying the employee in the statement required by paragraph (A) that, as a condition of employment under the grant, the employee will: (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; (E) Notifying the City of Elgin's Community Development Department within ten (10) days after receiving notice under subparagraph (D)(2) from an employee or otherwise receiving actual notice of such conviction; (F) Taking one of the following actions, within 30 days of receiving notice under subparagraph (D)(2), with respect to any employee who is so convicted: (1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (G) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (A), (B), (C), (D), (E) and (F). 11. It has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in. nonviolent civil rights demonstrations. 12. In regards to lobbying, the SUB-RECIPIENT certifies: 16 (A) No Federal appropriated funds have been paid or will be paid, by or on behalf of the SUB-RECIPIENT, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (B) If any funds other than Federal appropriated funds have been paid or will be paid-to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, 'Disclosure Form to Report Lobbying," in accordance with its instructions. (C) The SUB-RECIPIENT shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 17 I EXHIBIT C EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION Community Development Block Grant Program City of Elgin The undersigned understands and agrees that it is a SUB-RECIPIENT of the Community Development Block Grant Program of the City of Elgin. The undersigned also agrees there shall be no discrimination against any employee who is employed in carrying out work from the assistance received from the City of Elgin and the Department of Housing and Urban Development, or against any applicant for such employment, because of race, color, religion, sex, age or national origin. including but not limited to employment, upgrading, demotion or transfer; recruitment or recruitment advertising; lay off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The SUB-RECIPIENT further agrees to the following: (1) It will incorporate or cause to be incorporated into any grant contract, loan, grant insurance or guarantee involving Federally assisted construction work, or modification thereof, which is paid for in whole or in part with funds obtained from the Community Development Block Grant program, the language contained in 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 18 I compliance has been received; and refer the case to the Department of Housing and Urban Development for appropriate legal proceedings. SUB-RECIPIENT: Wayside Cross Ministries 2 erkley Street, Elgin, Illinois, 60123 BY: P611 JWood, Executive Director DATE: ( �i I 1 3 ATTEST: !�✓� l V .��5�. ►mot i�:`� 19 ELGIN THE CtrY 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 • 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