14-108 Resolution No. 14-108
RESOLUTION
AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT
BLOCK GRANT SUB-RECIPIENT AGREEMENT WITH OPEN DOOR CLINIC OF
GREATER ELGIN FOR ARCHITECTURAL SERVICES REGARDING
INTERIOR RENOVATION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby
authorized and directed to execute a community development block grant sub-recipient
agreement on behalf of the City of Elgin with Open Door Clinic of Greater Elgin for
architectural services regarding interior renovation at the facility located at 1665 Larkin Avenue,
Elgin, Illinois, a copy of which is attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: August 13, 2014
Adopted: August 13, 2014
Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
AGREEMENT
BETWEEN THE CITY OF ELGIN AND
OPEN DOOR CLINIC OF GREATER ELGIN
This AGREEMENT is entered into as of the 13th day of August , 2014,by and
between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter called "GRANTEE" or
"CITY") and the OPEN DOOR CLINIC OF GREATER ELGIN, 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 164 Division Street, #607, Elgin, Illinois 60120.
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 been awarded CDBG funds from HUD in Fiscal Year (FY) 2014, said award
being identified as CDBG Entitlement Communities Number 14.218.
C. CITY has considered and approved the application of SUB-RECIPIENT for CDBG funds
allotted to CITY for distribution to SUB-RECIPIENT.
D. CITY and SUB-RECIPIENT enter into this Agreement pursuant to their respective
powers to enter into such agreements, as those powers are defined in the Illinois
Constitution and applicable statutes.
II. SCOPE OF THE PROJECT
A. SUB-RECIPIENT hereby agrees to perform, in a timely fashion, the activities provided
for herein, and those previously defined in the application and project description
received December 13, 2013, revised June 9, 2014, submitted by SUB-RECIPIENT
entitled "Open Door New Building Architectural Services" a copy of which is attached
hereto as Exhibit"A" and incorporated herein by this reference (hereinafter referred to as
the"PROJECT"). SUB-RECIPIENT was awarded a grant for Fiscal Year(FY)2014.
B. All funding provided to SUB-RECIPIENT shall be used solely to cover the expense for
professional architectural services associated with the interior renovation of SUB-
RECIPIENTS's newly purchased building located at 1665 Larkin Avenue, Elgin,Illinois.
About 469 low and moderate-income persons will benefit from the Clinic's program in
its 2014 fiscal year. The subject building will serve 62 percent low and moderate income
persons as defined by 24 CFR 570.208 (a) (2) (1) (A). Such funding shall be used only
for the professional architectural services associated with the above activities as are
consistent with the scope and intent of the PROJECT and are pre-approved by CITY
staff.
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C. Bid Requirements
Because the PROJECT is solely for professional architectural services, the SUB-
RECIPIENT is not required to comply with the administrative and procurement
requirements as applied to the Community Development Block Grant Program in
accordance with 24 CFR 85. In the event that the scope of the PROJECT is modified to
include other services or it is otherwise determined that compliance is required for the
PROJECT, SUB-RECIPIENT shall comply with SUB-RECIPIENT shall comply with
administrative and procurement requirements as applied to the Community Development
Block Grant program in accordance with 24 CFR 85:
1. The Bid Specifications shall include all specifications and pertinent attachments
and shall define the items or services in order for the bidder to properly respond.
2. SUB-RECIPIENT shall submit the Bid Specifications and plans to the City's
Community Development Department for staff's approval prior to advertising in
a local newspaper and the Dodge Construction News.
3. SUB-RECIPIENT shall include in the invitation for bids, the statement
"Minorities and women contractors are encouraged to submit bids." SUB-
RECIPIENT shall purchase a 1" x 3" space in the Dodge Construction News
Classified Section specifically inviting Minority Business Entity/Women
Business Entity(MBE/WBE) firms to submit bids.
4. All bids will be publicly opened at the time and place prescribed in the invitation
for bids.
5. SUB-RECIPIENT shall provide the City's Community Development Department
with a copy of the classified advertisement and the results from the bid opening.
6. The contract award will be awarded, in writing, to the lowest responsive and
responsible bidder. Any or all bids may be rejected, if there are sound
documented reasons.
D. Davis Bacon Act
Because the PPROJECT is solely for professional architectural services, SUB-
RECIPIENT is not required to comply with the Federal Labor Standards and Prevailing
Wage Rates requirements as applied to the Community Development Block Grant
Program in accordance with Title 29 of the Code of Federal Regulations, Part 5. In the
event that the scope of the PROJECT is modified to include other services, or it is
otherwise determined that compliance is required for the PROJECT, SUB-RECIPIENT
shall comply with the Federal Labor Standards and Prevailing Wage Rates requirements
as applied to the Community Development Block Grant Program in accordance with Title
29 of the Code of Federal Regulations, Part 5:
1. After the start of the described work, SUB-RECIPIENT shall provide to the
City's Community Development Department staff, weekly reports of the
contractor and/or subcontractors at the job site. SUB-RECIPIENT shall conduct
employee interviews of the contractor and/or subcontractors at the job site.
2. Originals of all documents required for compliance with the Federal Labor
Standards shall be supplied to the City's Community Development Department.
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3. SUB-RECIPIENT shall erect a sign in a prominent place at the job site crediting
the City of Elgin and MUD for funding of the PROJECT by including the
following statement:
"Funding for the Project has been provided, in part, by the City of Elgin from the
U.S. Department of Housing and Urban Development's Community
Development Block Grant Program."
E. Quarterly Progress Reports and Disclosure of Client Data
1. SUB-RECIPIENT shall provide a Quarterly Progress Report to CITY each
quarter, reporting on the status of the PROJECT in relation to the Project
Implementation Schedule. The quarterly progress reports shall begin upon the
signing of this Agreement, and be based on the CDBG program year, beginning
on June 1 and ending on May 31 of the following year. The quarterly progress
report shall be submitted until the completion of the project or until directed to
discontinue such reports in writing by CITY.
2. Quarterly progress reports shall be due on the 10`x'day of the month following,
the end of the quarter, for the previous quarter's activities as follows
• First Quarter—June,July,August(due September 10)
• Second Quarter—September, October,November(due December 10)
Third Quarter—December, January, February(due March 10)
• Fourth Quarter—March, April, May(due June 10)
3. SUB-RECIPIENT shall use a form provided by the City's Community
Development Department staff 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).
4. 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.
5. SUB-RECIPIENT shall furnish and will permit 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.
F. Request for Payment
1. SUB-RECIPIENT shall provide the City's Community Development
Department, prior to the start of construction, with an itemized list of all
estimated expenditures. This list (on a State of Illinois Engineer's Pay Estimate
form BLR-283 or equivalent) shall show expected quantities and unit prices for
each item.
2. Request for payment shall be submitted on a timely basis. Each request for
payment sent to CITY shall be accompanied by said payment estimate form
signed by SUB-RECIPIENT'S authorized representative and showing the work
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completed. Changes to items on the pay estimate form must be authorized, in
writing, by SUB-RECIPEINT (on a State of Illinois Request for Approval of
Change in Plans Form BLR-228 or equivalent), and a copy of such authorization
shall be submitted to the City's Community Development Department before
payment pursuant to such changes is made.
G. Prior to the expenditure of CDBG funds, 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.
H. SUB-RECIPIENT shall record and report monthly to CITY all program income (as
defined in 24 CFR 570.500(a)) generated by activities carried out with CDBG funds
made available under this Agreement. Any such program income shall be returned to
CITY. Written request for an exception to this section must be made in writing to
CITY's Community Development Department. Such request shall describe why the
SUB-RECIPIENT needs the income, the specific activities SUB-RECIPIENT will
undertake with the funds, and how SUB-RECIPIENT will report income and
expenditures to CITY. A written response to the request will be provided to SUB-
RECIPIENT from CITY. The use of any program income by SUB-RECIPIENT shall
comply with the requirements set forth at 24 CFR 570.504. By way of further
limitations, to the extent any such income is used during the Agreement period for
activities permitted under this Agreement, SUB-RECIPIENT shall reduce requests for
additional funds by the amount of any such program income balances on hand. All
unexpended program income shall be returned to CITY at the end of this Agreement
period. Any interest earned on cash advances from the U.S. Treasury and from funds
held in a revolving fund account is not program income and shall be remitted promptly to
CITY.
III. AMOUNT AND TERMS OF GRANT
A. CITY shall distribute to SUB-RECIPIENT, as SUB-RECIPIENT'S portion of the total
grant received by CITY and in consideration of SUB-RECIPIENT'S undertaking to
perform the PROJECT, a maximum of$50,000 (hereinafter "Grant Funds"),to be paid in
the manner set forth herein at Section VII.
B. This PROJECT shall be identified by the following project and account numbers: Project
No. 154960 and Account No. 230-0000-791.93-36 in the amount of $50,000, which
identifying numbers shall be used by SUB-RECIPIENT on all payment requests.
C. In the event the services identified in Section II, Scope of the Project of this Agreement
or other eligible services for low and moderate income individuals and households are no
longer provided at SUB-RECIPIENT facility, located at 1665 Larkin Avenue, Elgin, due
to actions by SUB-RECIPIENT, SUB-RECIPIENT shall reimburse the U.S. Department
of Housing and Urban Development or CITY for project activities undertaken in whole
or in part with CDBG funds at a rate of 6.7% for each year and portion of each year
remaining on the ten-year useful life of the facility improvements. The ten-year
compliance period shall begin on the commencement date of this Agreement. This
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provision shall not be construed as limiting CITY from asserting any claims against
SUB-RECIPIENT, for the breach of any other terms of this Agreement.
D. Upon project completion as specified in Section II, Scope of the Project, any remaining
CDBG project funds shall be available for reallocation by CITY to another eligible
CDBG project. If SUB-RECIPIENT materially fails to comply with any term of this
award, SUB-RECIPIENT shall repay to CITY all funds used for ineligible activities.
E. A minimum of 51 percent of the persons served on an annual basis shall be at or below
80 percent of the Median Family Income in order for SUB-RECIPIENT to maintain
eligibility for the CDBG funds provided for herein. Said income levels shall be updated
and revised annually to conform to levels set by the U. S. Department of Housing and
Urban Development. Failure to meet the aforementioned minimum 51 percent threshold
shall require SUB-RECIPIENT to reimburse CITY for funds expended, in whole or in
part, for project activities.
F. Changes in the scope of services, budget, or method of compensation contained in this
Agreement, unless otherwise noted, may only be made through a written amendment to
this Agreement, executed by SUB-RECIPIENT and CITY.
IV. SUB-RECIPIENT'S COMPLIANCE WITH THE ACT
A. CITY shall assist SUB-RECIPIENT'S making application for CDBG funds.
B. SUB-RECIPIENT shall abide by the ACT, and all HUD rules and regulations
promulgated to implement the ACT.
C. SUB-RECIPIENT shall, upon request of CITY, (1) assist in the completion of an
environmental review and (2) complete certifications showing equal employment
opportunity compliance including equal employment opportunity certification with
reference to the PROJECT, as set forth in Exhibit "C" attached hereto and made a part
hereof.
D. SUB-RECIPIENT, in performing under this Agreement, shall:
1. Not discriminate against any worker, employee, or applicant, or any member of
the public, because of race, creed, color, sex, age or national origin, nor
otherwise commit an unfair employment practice; and
2. Take affirmative action to insure that applicants are employed without regard to
race, creed, color, sex, age or national origin, with such affirmative action in-
cluding, but not limited to the following: Employment, upgrading, demotion or
transfer, termination, recruitment or recruitment advertising, layoff or
termination, rates of pay or other forms of compensation, selection for training,
including apprenticeship.
E. SUB-RECIPIENT shall permit CITY and HUD to conduct on-site reviews, examine
personnel and employment records and to conduct any other procedures or practices to
assure compliance with the provisions of this Agreement. SUB-RECIPIENT agrees to
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post in conspicuous places available to employees and applicants for employment notices
setting forth the provisions of this non-discriminatory clause.
F. SUB-RECIPIENT shall comply with all laws and state and federal rules and regulations,
including but not limited to those regarding a direct or indirect illegal interest on the part
of any employee or elected official of SUB-RECIPIENT in the PROJECT or payments
made pursuant to this Agreement.
G. SUB-RECIPIENT hereby warrants and represents that neither the project, including but
not limited to any funds provided pursuant thereto, nor any personnel employed in the
administration of the program shall be in any way or to any extent engaged in the conduct
of political activities in contravention of Chapter 15 of Title 5, United States Code,
referred to as the Hatch Act.
H. SUB-RECIPIENT shall maintain records to show actual time devoted and costs incurred,
in relation to the PROJECT, and shall prepare and submit quarterly progress reports
which describe the work already performed and anticipated during the remaining time of
the PROJECT. Upon fifteen(15) days' notice from 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 CITY at any time
during normal business hours, at 150 Dexter Court, Elgin, Illinois.
I. SUB-RECIPIENT shall adopt the audit requirements of the Office of Management and
Budget (hereinafter "OMB") Circular A-133, "Audits of States, Local Governments, and
Non-Profit Organizations." SUB-RECIPIENT shall submit to CITY one copy of said
audit report. SUB-RECIPIENT shall permit the authorized representatives of CITY,
HUD and the Comptroller General of the United States to inspect and audit all data and
reports of SUB-RECIPIENT relating to its performance under this Agreement.
J. SUB-RECIPIENT and CITY shall at all times observe and comply with Title 24 CFR
Part 570 and all applicable laws, ordinances or regulations of the Federal, State, County,
and local government, which may in any manner affect the performance of this
Agreement. Without limiting the foregoing, SUB-RECIPIENT shall comply with the
regulations, policies, guidelines and requirements set forth in Exhibit B, attached hereto
and incorporated herein by this reference.
K. SUB-RECIPIENT shall transfer to 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 SUB-RECIPIENT'S control
that was acquired and/or improved in whole or in part with CDBG funds is used to meet
the benefit of low and moderate income persons as defined by HUD, for a period of 10
years after the commencement of this Agreement.
M. If during the 10 year period after the commencement of this Agreement, SUB-
RECIPIENT disposes of any property under SUB-RECIPIENT'S control that was
acquired and/or improved in whole or in part with CDBG funds, then SUB-RECIPIENT
will reimburse CITY in the amount of the current fair market value of the property less
any portion of the value attributable to expenditures of non-CDBG funds for acquisition
of, or improvement to, the property in accordance with 24 CFR 570.503(b)(8) and 24
CFR 570.505.
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V. RIGHTS TO SUBCONTRACT
A. SUB-RECIPIENT is herewith granted authority to subcontract all or any portion of the
PROJECT to such engineers, architects, independent land use consultants, professional
land planner, construction contractors or other entities as SUB-RECIPIENT shall deem
appropriate or necessary and upon such terms as may be acceptable to SUB-RECIPIENT.
B. Administration of any subcontracts by SUB-RECIPIENT shall be in conformance with
24 CFR Part 570.200(d)(2) and Part 85.36.
VI. SUB-RECIPIENT'S AUTHORIZATION TO ACCEPT PROPOSALS
A. After CITY has received notification that funds for the PROJECT have been released by
HUD, SUB-RECIPIENT shall be authorized to accept the proposal of any subcontractor
for the PROJECT.
VII. BILLING PROCEDURE
A. Upon release of Grant Funds by HUD for the PROJECT, 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 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 SUB-RECIPIENT shall include the following:
a. For interim payments to contractors and subcontractors, certification that
the work for which payment is requested has been performed and is in
place and to the best of SUB-RECIPIENT'S knowledge, information and
belief that, the quality of such work is in accordance with the contract
and subcontracts, subject to: (i) any evaluation of such work as a
functioning PROJECT upon substantial completion; (ii) the results of
any subsequent tests permitted by the subcontract; and(iii)any defects or
deficiencies not readily apparent upon inspection of the work; and
b. For final payment, certification that the work has been performed in a
satisfactory manner and in conformance with the contract.
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4. Processing of all requests for payment shall be contingent upon the submission of
the required documentation by the contractor and subcontractor to CITY that
fully complies with federal labor standards, uniform relocation act or any other
applicable federal, state, or local statutes, rules or regulations.
5. SUB-RECIPIENT shall forward to CITY all billings, vouchers, and other
documents representing any accounts payable, in such timely and reasonable
manner as both parties shall determine; provided, however, that in no event shall
such documents be forwarded to CITY later than twenty-one (21) days after
SUB-RECIPIENT'S receipt of such documents.
6. SUB-RECIPIENT shall cooperate with CITY to facilitate the maintenance of
financial records by CITY as required by Title 24 CFR 85.
B. Upon submission of an acceptable claim for Grant Funds, CITY shall process such claim
and shall approve such claim for payment following approval by the City's Community
Development Department, for compliance with this Agreement and applicable HUD
requirements.
C. Except as provided for in Section IX and X herein, CITY shall pay all required payments
against eligible project costs, as described in Section II.B, incurred by SUB-RECIPIENT
under this Agreement.
VIII. ADMINISTRATION AND REPORTING REQUIREMENTS
A. SUB-RECIPIENT shall administer the Grant Funds in conformance with the regulations,
policies, guidelines and requirements of OMB Circular numbers A-110, A-122, and A-
133, as they relate to the acceptance and use of federal funds for the PROJECT.
B. SUB-RECIPIENT shall submit all required information to show compliance with
applicable laws, rules and regulations, as specified in this Agreement and shall submit to
CITY a quarterly progress report no later than the 10th day of the month following the
activity being reported. SUB-RECIPIENT shall comply with all reporting and other
requirements as specified in Exhibit "B" attached hereto and made a part of this
Agreement.
C. Relocation of Tenants
SUB-RECIPIENT shall comply with the requirement under the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970. SUB-RECIPIENT shall
maintain a separate relocation file for each displaced person/business for at least three
years after the project has been completed or the person/business has received final
relocation payments, whichever is later. Relocation costs must be paid to any tenant
(residential or nonresidential) who occupies any building being acquired and is forced to
move without cause. Waiver of rights to relocation costs can only be done by a single
family homeowner.
D. Management Plan and Operating Budget of the Facility
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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 CITY.
IX. TERMINATION OF AGREEMENT OR SUSPENSION OF PAYMENT
A. During the implementation of the PROJECT, CITY may terminate this Agreement or
may suspend payment of Grant Funds to SUB-RECIPIENT for SUB-RECIPIENT'S
substantial breach of this Agreement, abandonment of the PROJECT or occurrence
rendering impossible the performance by SUB-RECIPIENT of this Agreement.
B. During the implementation of the PROJECT, CITY may suspend payments of Grant
Funds, due to use of funds in a manner unrelated to or in breach of this Agreement
relative to, SUB-RECIPIENT'S performing the PROJECT, failure by SUB-RECIPIENT
in submitting supporting information or documentation for a claim, submission by SUB-
RECIPIENT of incorrect or incomplete reports, or SUB-RECIPIENT'S suspension of its
pursuit of the PROJECT.
C. In the event CITY elects to terminate this Agreement or to suspend payments, for any
reason stated herein above in paragraph A and B of this Section IX, it shall notify 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
SUB-RECIPIENT to refute the alleged deficiency at a time prior to CITY'S taking such
action. After allowing SUB-RECIPIENT the opportunity to refute or correct alleged
deficiency, if the alleged deficiency continues to exist, in the opinion of the CITY, CITY
may withhold payment of the Grant Funds until such time as the violation or breach is
remedied. No action taken or withheld by CITY under this paragraph shall relieve SUB-
RECIPIENT of its liability to CITY for any funds expended in violation of any of the
terms of this Agreement.
D. SUB-RECIPIENT shall transfer to CITY any unused CDBG funds and submit all billings
attributable to this Project at the time this Agreement terminates or is suspended.
X. REMEDIES
A. To the fullest extent permitted by law, SUB-RECIPIENT agrees to and shall indemnify,
defend and hold harmless CITY, its officers, employees, boards and commissions from
and against any and all claims, suits, judgments, costs, attorneys fees, damages or any
and all other relief or liability arising out of or resulting from or through, or alleged to
arise out of, any breach of this Agreement; misuse or misapplication of funds derived
pursuant to this Agreement by SUB-RECIPIENT; violation of any statutes, rules and
regulations, directly or indirectly, by SUB-RECIPIENT and/or any of its agents or
representatives; or any negligent acts or omissions of SUB-RECIPIENT or of SUB-
RECIPIENT'S officers, employees, agents or subcontractors. In the event of any action
against CITY, its officers, employees, agents, boards or commissions covered by the
foregoing duty to indemnify, defend and hold harmless, such action shall be defended by
legal counsel of CITY's choosing. The provisions of this paragraph shall survive any
termination and/or expiration of this Agreement.
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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 CITY, misuse or misapplication of funds
received from HUD unrelated to the PROJECT, or any violation of the statutes, rules and
regulations of HUD, directly or indirectly, by CITY and/or any of its agents or
representatives, CITY's liability to SUB-RECIPIENT shall be limited to any funds which
have previously been provided to SUB-RECIPIENT pursuant to this Agreement. SUB-
RECIPIENT hereby waives and releases CITY from any and all other liability pursuant
to any such breach, misuse, misapplication or violation of statutes, rules or regulations.
C. In the event HUD, or any other federal agency, makes any claim which would give rise to
invoking the remedy provisions, as set forth in paragraph A or B of this Section X, then
CITY or SUB-RECIPIENT shall immediately notify the other party, in writing,providing
the full details of the alleged violation. To the extent that any such matter is not subject
to exclusive federal jurisdiction, venue for the resolution of any disputes or the
enforcement of any rights arising out of or in connection with this Agreement between
CITY and SUB-RECIPIENT shall be in the Circuit Court of Kane County, Illinois.
D. In addition to any remedies available to CITY, if CITY has lost or been prevented from
receiving any federal funds, other than the Grant Funds, as a result of any alleged
violation of law or other breach of this Agreement by SUB-RECIPIENT, SUB-
RECIPIENT shall repay, upon demand by CITY, such amount of Grant Funds previously
disbursed or allegedly due to SUB-RECIPIENT.
XI. TIMELINESS
A. Time is of the essence of this Agreement. SUB-RECIPIENT shall meet the schedule
deadlines listed below. Any milestone which SUB-RECIPIENT does not achieve within
two months of the date listed will result in SUB-RECIPIENT submitting a revised
implementation schedule for approval by the City's Community Development staff.
Failure to achieve these deadlines may result in the loss or reduction of grant funds at
CITY's discretion.
Actions Date
1. Prepare Bid Specification September 1,2014
2. Bids Solicited October 1, 2014
3. Select Contractor November 1, 2014
4. Construction Begins December 1, 2014
5. Construction Completed March 1, 2015
B. SUB-RECIPIENT. Shall complete the PROJECT within twelve (12) months from the
date of this Agreement. However, in the event of any alterations or additions or of
circumstances beyond the control of SUB-RECIPIENT, which in the opinion of the
Community Development Director will require additional time for completion of said
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expenditures, then in that case, the time of completion shall be extended by the
Community Development Director by a period of time not to exceed six (6)months.
C. If SUB-RECIPIENT is delayed in the completion of the PROJECT by any cause
legitimately beyond its control, as determined by CITY, such that it cannot complete the
PROJECT within eighteen (18) months of the date of this Agreement, it shall
immediately give written notice to CITY of the anticipated delay, the reasons therefore
and request an extension of time for completion of the PROJECT. CITY's Community
Development Director shall consider any such request and shall make a recommendation
to CITY's City Council as to whether in his sole discretion he considers such an
extension to be reasonable and necessary, under the totality of circumstances to be
required for completion of the PROJECT due to the particular circumstances. The
CITY's City Council shall act upon the extension request and recommendation of the
Community Development Director and notify SUB-RECIPIENT whether the time
extension is granted or denied, and CITY's intention to exercise the remedies available
herein, including but not limited to suspension of further payments. A revised
implementation schedule shall be submitted by SUB-RECIPIENT if an extension is
granted by CITY.
XII. MISCELLANEOUS PROVISIONS
A. AMENDMENTS - This Agreement constitutes the entire Agreement between the parties
hereto. There are no other agreements, either oral or implied, between the parties hereto
regarding the subject matter hereof. Any proposed change in this Agreement shall be
submitted to the other party for prior approval. No modifications, additions, deletions, or
the like, to this Agreement shall be effective unless and until such changes are executed,
in writing, by the authorized officers of each party.
B. SUBJECT TO FINANCIAL ASSISTANCE AGREEMENT - This Agreement is made
subject to financial assistance agreements between CITY and the United States
Department of Housing and Urban Development, with the rights and remedies of the
parties hereto being in accordance with any such agreements.
C. ASSIGNMENT - Except as provided in Sections V and VI hereof, SUB-RECIPIENT
shall not assign this Agreement or any part thereof and SUB-RECIPIENT shall not
transfer or assign any Grant Funds or claims due or to become due hereunder, without the
written approval of 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 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.
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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.
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IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the dates recited below.
CITY OF ELGIN, an Illinois Municipal Corporation
BY: 4G"
Sean R. Stegall
City Manager
DATE: V/,( l4f
ATTEST:
Kimberly wis
City Clerk
SUB-RECIPIENT: Open Door Clinic of Greater Elgin
164 Division Street, #607,Elgin, Illinois 60120
BY4. �-^-
David Roesler
Executive Director
DATE:
ATTEST:
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THE CITY IN THE SUBURBS-
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City of Elgin
Community Development Department
$774,315.00 Available
City of Elgin 2014 CDBG 118/2014 Deadline
Program Year.
Open Door Clinic of Greater Elgin Application Status:
Open Door New Building Undecided
Project
$50,000.00 Requested
Applicant Information
Open Door Clinic of Application Contact
Greater Elgin Lynne Kennedy Applicant History
164 Division Street Ivnnek(cDopendoorclinic.org
#607 Tel:847-695-1093 (previous
Elgin, 60120 applications
Executive Director from this
Tel:847-695-1093 David Roesler applicant)
Fax:847-695-0501 droesler(a)opendoorclinic.org
Web:
www.opendoorclinic.org Additional Contacts
EIN:36-2899274 Email Addresses,separated by comma
DUNS:792064313 droesier @opendoorclinic.org
Application ID:25459
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AppID 25459 Page I of 6
ELGIN
THE CITY IN THE SUBURBS-
Powered by ZoomGrantsTM
City of Elgin
Community Development Department
$774,315.00 Available
City of Elgin 2014 CDBG 1/8/2014 Deadline
Program Year.
Open Door Clinic of Greater Elgin Application Status: Undecided
Open Door New
Building Project
$50,000.00 Requested
Application Questions
1 This project is located in Census Tract(s):If only one census tract/block group,
please insert"NA"in remaining census tract spaces.
Please visit the American Fact Finder website, www.factfinder2.census.gov/for the
Census Tract information.(You may want to cut and paste the following link which will
allow you to search by street address:http://factFnder2.census.gov/faces/na)
8519.04Census Tract 1
2!Block Group 1
Census Tract 2
Block Group 2
!Censust Tract 3
'Block Group 3
2 Project Funding Request(Your project should fall within one of the specific
categories.If you select"Other",please provide an explanation.
Check the category, which describes the type of funding requested. Note:Projects must
have a minimum budget of$25,000.
F Acquisition of Real Property
F Disposition of Real Property
F Public Facilities and Improvements(e.g.,homeless shelter,water and sewer
facilities,flood and drainage improvements,fire protection facilities/equipment,
community,senior and health centers, parking,streets,curbs,gutters and
sidewalks,parks and playgrounds.)
r Privately-Owned Utilities
r Public Service(i.e.,rental reimbursement,educational programming expenses,or
an increase in the level of a service)
r Relocation Payments and Assistance to Displaced Persons
F Removal of Architectural Barriers,Handicapped Accessibility
F Housing Rehabilitation
F Commercial or Industrial Rehabilitation,including facade improvements and
correction of code violations.
r Special Economic Development or assistance to micro-enterprises.
r Other:
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3 Please identify the National Objective(s)your Activity meets:
For descriptions of each Objective,please review p. 7 of the City's 2014 Citizen
Participation Plan and Project Proposal Instructions at www.cityofe1gin.org12014CDBG.
F Benefits Low/Moderate-Income Residents
F Prevents or Eliminates Slum/Blight Conditions
r Qualifies as a certified urgent need
4 Check all statements that describe HOW this project or activity meets one of the
National Objectives below:
F UM Area Benefit:the project meets the identified needs of UM income persons
residing in an area where at least 51%of those residents are LIM income persons.
The benefits of this type of activity are available to all persons in the area regardless
of income.Examples:street improvements,water/sewer lines, neighborhood
facilities,facade improvements in neighborhood commercial districts.
F UM Limited Clientele:the project benefits a specific group of people(rather than all
the residents in a particular area),at least 51%of whom are UM income persons.
The following groups are presumed to be UM:abused children,elderly persons,
battered spouses,homeless,handicapped, illiterate persons. Examples:
construction of a senior center,public services for the homeless,meals on wheels
for elderly,construction of job training facilities for the handicapped.
r UM Housing:the project adds or improves permanent residential structures that will
be occupied by UM income households upon completion. Housing can be either
owner or renter occupied units in either one family or multi-family structures.Rental
units for UM income persons must be occupied at affordable rents.Examples:
acquisition of property for permanent housing, rehabilitation of permanent housing,
conversion of non-residential structures into permanent housing.
F UM Jobs:the project creates or retains permanent jobs,at least 51%of which are
taken by UM income persons or considered to be available to LIM 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 UM persons.
r MicroEnterprise Assistance:the project assists in the establishment of a
microenterprise or assists persons developing a microenterprise.(A microenterprise
is defined as having five or fewer employees,one or more of whom owns the
business.)This activity must benefit low/moderate income persons,area or jobs as
defined in previous sections.
r Slum or Blighted Area:the project is in a designated slum/blight area and the result
of this project addresses one or more of the conditions that qualified the area.
F Spot Blight:the project will prevent or eliminate specific conditions of blight or
physical decay outside a slum area.Activities are limited to clearance,historic
preservation,rehabilitation of buildings, but only to extent necessary to eliminate
conditions detrimental to public health and safety. Examples:historic preservation of
a public facility threatening public safety,demolition of a deteriorated,abandoned
building.
5 How will the program's eligibility for CDBG funding be established?
F Limited Clientele
F Presumed eligible(severely disabled adults,abused children, battered spouses or
homeless)
6 Please answer the following Low to Moderate Income(LMI)questions:
Please indicate the number.
756 What is the total estimated number of persons to be served by this
project?
46.9'What is the total estimated number of LMI persons to be served by this
project?
62'What is the anticipated percentage of LMI persons to be served by this
project?
PLWHIV',Who is your targeted population?(i.e.,severely disabled adults,abused
children,battered spouses or homeless,etc.)
7 Provide a one-sentence summary of your organization's mission and work.
Open Door provides education,prevention,screening and treatment of HIV/AIDS and
other sixually transmitted infections.
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8 Describe your program.Be specific about the activities/services provided,
days/times of services and the frequency and duration of services received by the
average client or participant.
Open Door provides quality medical care to all of the HIV community.Infectious disease
physicians, nurse practitioners who specialize in HIV care and registered nurses,work
together to provide integrated care for the patient.Open Door is committed to deliver
specialized medical care for HIV as well as care for general health of the patient.
Preventive interventions,diagnosis and treatment of chronic and acute medical
conditions and coordination of subspecialty care make up the services of primary care.
These services are complimented by case management,oral health,and behavioral
health services.All departments interact to develop treatment plans.
Open Door's Medical Case Managers are the link for people impacted by HIV/AIDS to
the services and resources they need.Medical Case Managers work with clients to help
them optimize their health and create an environment at home that will maximize their
opportunities to maintain physical, mental,and emotional well being. Case Managers
engage clients in medical care and help guide and steer them through the medical and
social services they require.Their initial interviews help to identify the physical,
psychological,financial,emotional and social needs of the client.The continuing
relationship they maintain with most clients helps them to identify the changes in clients'
needs and to identify the resources required to ensure clients are getting the best care
and services available. In many cases,Medical Case Managers are clients'most visible
and active link to Open Door.
Open Door's Behavioral Health Department offers the following services:
Psychiatric Services:
-Diagnostic Evaluation
-Medication Recommendation
-Follow up care that is tailored to the unique needs of clients with coexisting health
issues
-We provide diagnostic evaluation.
-individual and Group therapies and education for clients with mental health issues
including depression,bipolar,anxiety and trauma.
-We offer crisis intervention and therapeutic support for clients who are dealing with life
stressors including:
Chronic medical conditions
Sexual Orientation
Gender Identity
Grief and Loss
Domestic Violence and Sexual Assault
Support through Life Transitions
Job Loss
-We also treat clients who have both mental health and substance use problems.
Open Door makes rigorous efforts to halt the spread of HIV and other sexually
transmitted infections in our community.Our,Outreach and Prevention staff provides
outreach to individuals at highest risk for infection.Outreach services are conducted at
many different times and places.All outreach and prevention services can be done in
English and Spanish.Services include HIV Counseling and Testing,Health Education
and Risk Reduction.
Open Door's hours are 8:30 am to 4:30 pm Monday through Friday with a 24/7 contact
number.Most clients are seen monthly or every 3 months depending on their HIV status.
Duration can be the lifetime of the client.
9 Where(address/location)will your program take place?
The building we are purchasing is located at: 1665 Larkin Avenue,Elgin, Illinois.
The plans that are attached to this grant were produced early in the purchase phase.
New plans are being drawn up to expand the exam rooms from 4 to 8.Plumbing costs
will increase be I have no figures at this time to present.
10 Is the facility and program in compliance with the Americans with Disabilities
Act?
F Yes
F No
11 If"no,"explain what areas are not compliant and what accommodations are
made for individuals with disabilities.Describe your organization's experience
making such accommodations.
N/A
12 Describe the existing problems or conditions to be corrected by the proposed
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activity.Identify the persons affected by these conditions.Explain how the project
benefits low and moderate income people.
Open Door currently resides at 164 Division Street,6th floor,Elgin, Illinois.The building
is not ADA compliant,we only have 2 exam rooms that are heated by radiators that are
turned off at noon or 1:00 pm and the exam rooms are very cold in the winter. Because
we work with individuals living with HIV/AIDS we need to control the air system to control
infectious diseases for our clients with compromised immune systems. Open Door
intakes 6 to 8 new clients a month and the space is becoming too small for our needs.
More than half our clients are low income with some that live below the poverty level
standards.Because of their poverty level these are usually our sickest patients.There
have been times when a wheelchair bound client has not been able to maneuver their
chair through our doors and in no case can they access our one bathroom here on the
6th floor.(This one bathroom is used for staff and all clients including our STI patients)
The new building will have bathrooms that will be accessible for disabled and separate
bathrooms for staff.
Illinois has shown a 50%increase in teen HIV infections and young people are
contracting HIV at a rate of 2 per hour.
Women over 50 testing positive to HIV/AIDS has tripled in the last decade.African-
American women have been found to be especially vulnerable to HIV/AIDS.The rates of
HIV/AIDS among persons 50 and older were 12 times as high among blacks and 5 times
as high among Hispanics compared to whites.
With this growth in HIV/AIDS Open Door must grow to become a credentialed Patient
Centered Medical Home so we can give the kind of care needed for our long term clients
as well as our new clients.
Features of the Medical Home
Adapted from the AHRQ definition,the PCPCC describes the medical home as an
approach to the delivery of primary care that is:
-Patient-centered:A partnership among practitioners,patients,and their families ensures
that decisions respect patients'wants, needs,and preferences,and that patients have
the education and support they need to make decisions and participate in their own care.
-Comprehensive:A team of care providers is wholly accountable for a patient's physical
and mental health care needs,including prevention and wellness,acute care,and
chronic care.
-Coordinated:Care is organized across all elements of the broader health care system,
including specialty care, hospitals, home health care,community services and supports.
-Accessible:Patients are able to access services with shorter waiting times,"after hours"
care,24/7 electronic or telephone access and strong communication through health IT
innovations.
-Committed to quality and safety:Clinicians and staff enhance quality improvement
through the use of health IT and other tools to ensure that patients and families make
informed decisions about their health.
These qualifications can never be achieved at our current location.
13 The City of Elgin has identified eight strategic planning priorities to guide its
vision to become THE CITY IN THE SUBURBS.Please check all applicable
priorities to your project.
For descriptions of the goals,please refer to the Citizens Participation Plan(pg. 14)or
visit www.cityofelgin.orgAndex.aspx?nid=1726.
F Public Safety
r Neighborhoods
F Financial Stewardship
F Economic Development
F Downtown
F Education&Workforce Development
F Diverse Workforce
F Image&Engagement
14 List ALL CDBG grants you have received.Please include Project Year,Project
Name,and Grant Amount.
Example:2013:HVAC Replacement, $50,000
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2013 Security and Confidentiality,electronic locks,26,896.00
The 15 electronic locks that were installed at 164 Division Street,6th floor, Elgin in 2013
will be taken
with us to the new building and reinstalled.Open Door made provisions for the old locks
to
be reinstalled at the Division Street building before the new locks were put in.
15 Oftentimes projects that are approved for CDBG funding may be awarded less
than the amount originally requested.Will your organization still proceed with the
project if funds are not awarded,or if your project is only partially approved?
r Yes
F No
16 Please provide the project's goal.Describe in quantifiable terms the goal(s)to
be achieved by your project during the proposed funding period,and how the
recipients of your services will be benefited or changed.
Example:To enhance the basement recreational area and to improve the safety for 10
low-income and developmentally disabled individuals residing in the John Doe Group
Home.
To become ADA compliant and to improve the quality and safety of our clients especially
those low income and disabled.
17 Please provide your project's objective.(One sentence only.)
Example:To construct a bathrooms and install a sprinkler system throughout the house
for 10 low-income and developmentally disabled individuals.
To construct the plumbing system to install ADA compliant bathrooms and sinks in the
new exam rooms.
18 Please provide your project's measurable objective(s).
Example:To provide a safe,affordable,permanent supportive housing for 10 low-income
individuals with disabilities who are working towards greater independence and
community inclusion.
This new medical building will provide better access to exam rooms,bathrooms for all
clients but especially are disabled clients.The expansion from 2 exam rooms to 4 and a
larger waiting room will allow Open Door to see more clients daily in a safe clean medical
space.
Open Door can increase primary care medical appointments by 40%and see some of
our sicker clients on a more regular basis due to the expanded space. For the client this
will increase their ability to see their doctor and in turn have better outcomes with their
health. Doctors and Nurse Practitioners can better manage medication monitoring and
coordinate an array of complimentary therapies and support services designed to assist
in treatment adherence and reduction of transmission risks.
Clients will be tested for their CD4 levels along with viral load.When medication
adherence is followed by clients,usually CD4 levels increase and viral loads decrease
and clients become healthier if no other medical issues arise.This can be measured and
reported.
Our medical team also focuses on diabetes,heart disease,wasting and all other medical
issues that arise in our patient population.These are also addressed and monitored.The
patient over-all health is how we best monitor and measure progress.
19 Please indicate whether you are the designated CDBG project manager.
If"Other",please provide the name of the designated staff member and title.
F Yes
F Other:
20 Please indicate yours or your CDBG project manager's CDBG grants
management experience.Please identify experience by number of years.If none,
input"0".
1 year experience with the City of Elgin's CDBG grant 2013
21 Are you or your project manager familiar with HUD's regulations as they relate
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to procurement,contractors(Davis-Bacon Act),low to moderate income data
reporting?
F Yes
r No
22 The following question is related to environmental review as per HUD's
standards.Please select all relevant statements.
Please note that pending project activities,HUD's environmental review policies may
require additional documentation. The awarded organization will be responsible for all
expenses related to fulfilling HUD's environmental clearance requirements.
F The project site is a local(landmark and/or located within an historic district),state
or National Register property.
r The project site is located within a flood zone of floodplain.
F The project site will involve demolition of an existing structure.
r The project will result in an expansion of the facility.
F None of the above.
23 Oftentimes projects that are approved for CDBG funding may be awarded less
than the amount originally requested.Will your organization still proceed with the
project if funds are not awarded OR if your project is only partially approved?
F Yes
r No
24 If funded a reduced amount,please describe how this would affect the
implementation of your project.If your project is a multi-phase project,please
provide details as to how the project will continue if CDBG funds are not available
in future years
If project cannot move forward with reduced funding,please indicate that the"Project will
not be completed without full CDBG funding request."
Open Door has the capacity to fund a higher plumbing bid and moving forward with this
build out of the new buidling.This project is not contingent upon receiving CDBG
funding.With that said Open Door relies on its reserves to cover many grants until
payout is received or to cover lab fees for clients that Cannot afford the co-pays.CDBG
funds would allow Open Door to keep its reserves.
Application ID:25459
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L000ut
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" 164 Division Street,Suite 607 157 S. Lincoln Avenue,Suite K
Elgin,IL 60120 Aurora,IL 60506
t.847.695-1093 t. 630.264-1819
opencoor f.847.695.0501 f. 630.229.0182
.opendoorclin ic.org
BOARD OF DIRECTORS
June 9,2014
Ryan Howarter
President
James Burns Jr. CHANGE OF SCOPE FOR CDBG GRANT
Vice-President
Open Door submitted a CDBG grant to the City of Elgin for cost of plumbing for the
Steve Brockner newly purchased building located at 1665 Larking Avenue,Elgin, Illinois.
Treasurer
Sacha urban Open Door would like to have the City of Elgin and CDBG funds to cover the
Secretary expense for our architect.
Carolyn Fabian Attached is our contract from Lisa Sharp our architect showing that a 9%of the total
Member
build out is our fees for service.
Beth Ferguson
Member Open Door is asking the City of Elgin CDBG grant funding to cover$75,000 to
Linda Highley $90,000 of our architect fees.
Member.
Open Door currently resides at 164 Division Street, 6th floor, Elgin, Illinois.
Joseph Lentino, MD The building is not ADA compliant, we only have 2 exam rooms that are
Member
heated by radiators that are turned off at noon or 1:00 pm and the exam rooms
Chris McCarthy are very cold in the winter. Because we work with individuals living with
Member HIV/AIDS we need to control the air system to control infectious diseases for
Kevin Mestek our clients with compromised immune systems. Open Door intakes 6 to 8
Member new clients a month and the space is becoming too small for our needs. More
Ron Plemmons than half our clients are low income with some that live below the poverty
Member level standards. Because of their poverty level these are usually our sickest
patients. There have been times when a wheelchair bound client has not been
Jodi VanderHaar
Member able to maneuver their chair through our doors and in no case can they access
our one bathroom here on the 6th floor. (This one bathroom is used for staff
and all clients including our STI patients) The new building will have
Executiv e Director p
David Roesler bathrooms that will be accessible for disabled and separate bathrooms for
Executive
staff.
Tax ID 36-2899274 Illinois has shown a 50% increase in teen HIV infections and young people
are contracting HIV at a rate of 2 per hour.
Women over 50 testing positive to HIV/AIDS has tripled in the last decade.
African-American women have been found to be especially vulnerable to
United HIV/AIDS. The rates of HIV/AIDS among persons 50 and older were 12
Way times as high among blacks and 5 times as high among Hispanics compared
to whites.
With this growth in HIV/AIDS Open Door must grow to become a
credentialed Patient Centered Medical Home so we can give the kind of care
needed for our long term clients as well as our new clients.
This new medical building will provide better access to exam rooms,bathrooms for
all clients but especially are disabled clients. Open Door needs to be ADA compliant
and with the new building Open Door will finally meet this goal. The expansion
from 2 exam rooms to 4 and a larger waiting room will allow Open Door to see more
clients daily in a safe clean medical space.
Open Door can increase primary care medical appointments by 40% and see some of
our sicker clients on a more regular basis due to the expanded space. For the client
this will increase their ability to see their doctor and in turn have better outcomes
with their health. Doctors and Nurse Practitioners can better manage medication
monitoring and coordinate an array of complimentary therapies and support services
designed to assist in treatment adherence and reduction of transmission risks.
Clients will be tested for their CD4 levels along with viral load. When medication
adherence is followed by clients, usually CD4 levels increase and viral loads decrease
and clients become healthier if no other medical issues arise. This can be measured
and reported.
Our medical team also focuses on diabetes, heart disease, wasting and all other
medical issues that arise in our patient population. These are also addressed and
monitored. The patient over-all health is how we best monitor and measure
progress.
Open Door has the capacity to fund higher architect fees and moving forward with
this build out of the new building. This project is not contingent upon receiving
CDBG funding. With that said Open Door relies on its reserves to cover many grants
until payout is received or to cover lab fees for clients that cannot afford the co-pays.
CDBG funds would allow Open Door to keep its reserves.
' 164 Division Street,Suite 607 157 S. Lincoln Avenue,Suite K
Elgin, IL 60120 Aurora,IL 60506
t. 847.695-1093 t.630.264-1819
oenc� oo f.847.695.0501 f. 630.229.0182
pwwwopendoorclinic.org
BOARD OF DIRECTORS
June 9,2014
Ryan Howarter
President
James Burns Jr. CHANGE OF SCOPE FOR CDBG GRANT
Vice-President
Open Door submitted a CDBG grant to the City of Elgin for cost of plumbing for the
Steve Brockner newly purchased building located at 1665 Larking Avenue,Elgin,Illinois.
Treasurer
Sacha urban Open Door would like to have the City of Elgin and CDBG funds to cover the
Secretary expense for our architect.
Carolyn Fabian Attached is our contract from Lisa Sharp our architect showing that a 9%of the total
Member
build out is our fees for service.
Beth Ferguson
Member Open Door is asking the City of Elgin CDBG grant funding to cover$75,000 to
Linda Highley $90,000 of our architect fees.
Member
Open Door currently resides at 164 Division Street, 6th floor, Elgin, Illinois.
Joseph Lentino, MD The building is not ADA compliant,we only have 2 exam rooms that are
Member
heated by radiators that are turned off at noon or 1:00 pm and the exam rooms
Chris McCarthy are very cold in the winter. Because we work with individuals living with
Member HIV/AIDS we need to control the air system to control infectious diseases for
Kevin Mestek our clients with compromised immune systems. Open Door intakes 6 to 8
Member new clients a month and the space is becoming too small for our needs. More
Ron Plemmons than half our clients are low income with some that live below the poverty
Member level standards. Because of their poverty level these are usually our sickest
patients. There have been times when a wheelchair bound client has not been
Jodi VanderHaar
Member able to maneuver their chair through our doors and in no case can they access
our one bathroom here on the 6th floor. (This one bathroom is used for staff
and all clients including our STI patients) The new building will have
Executiv e Director
David Roesler bathrooms that will be accessible for disabled and separate bathrooms for
Executive
staff.
Tax ID 36-2899274 Illinois has shown a 50% increase in teen HIV infections and young people
are contracting HIV at a rate of 2 per hour.
Women over 50 testing positive to HIV/AIDS has tripled in the last decade.
African-American women have been found to be especially vulnerable to
United HIV/AIDS. The rates of H1V/AIDS among persons 50 and older were 12
times as high among blacks and 5 times as high among Hispanics compared
Way
to whites.
With this growth in HIV/AIDS Open Door must grow to become a
credentialed Patient Centered Medical Home so we can give the kind of care
needed for our long term clients as well as our new clients.
l
This new medical building will provide better access to exam rooms, bathrooms for
all clients but especially are disabled clients. Open Door needs to be ADA compliant
and with the new building Open Door will finally meet this goal. The expansion
from 2 exam rooms to 4 and a larger waiting room will allow Open Door to see more
clients daily in a safe clean medical space.
Open Door can increase primary care medical appointments by 40% and see some of
our sicker clients on a more regular basis due to the expanded space. For the client
this will increase their ability to see their doctor and in turn have better outcomes
with their health. Doctors and Nurse Practitioners can better manage medication
monitoring and coordinate an array of complimentary therapies and support services
designed to assist in treatment adherence and reduction of transmission risks.
Clients will be tested for their CD4 levels along with viral load. When medication
adherence is followed by clients, usually CD4 levels increase and viral loads decrease
and clients become healthier if no other medical issues arise. This can be measured
and reported.
Our medical team also focuses on diabetes, heart disease, wasting and all other
medical issues that arise in our patient population. These are also addressed and
monitored. The patient over-all health is how we best monitor and measure
progress.
Open Door has the capacity to fund higher architect fees and moving forward with
this build out of the new building. This project is not contingent upon receiving
CDBG funding. With that said Open Door relies on its reserves to cover many grants
until payout is received or to cover lab fees for clients that cannot afford the co-pays.
CDBG funds would allow Open Door to keep its reserves.
EXHIBIT B
ASSURANCES
SUB-RECIPIENT hereby warrants and represents that it will comply with the regulations, policies,
guidelines and requirements with respect to the acceptance and use of CDBG funds in accordance with
the ACT and the City of Elgin policies. Also, SUB-RECIPIENT certifies with respect to the grant that:
1. It possesses legal authority to make a grant submission to 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 SUB-RECIPIENT to
execute this Agreement, all understandings and assurances contained herein, and directing the
authorization of the person identified as the official representative of SUB-RECIPIENT to act in
connection with the execution of this Agreement and to provide such additional information as
may be required.
3. Prior to submission of its application to CITY, SUB-RECIPIENT has:
(A) Met the citizen participation requirements of 570.301(b) and has provided citizens with:
(1) The estimate of the amount of CDBG funds proposed to be used for activities
that will benefit persons of low and moderate income; and
(2) Its plan for minimizing displacement of persons as a result of activities assisted
with CDBG funds and to assist persons actually displaced as a result of such
activities;
(B) Prepared its application in accordance with the policies of the City of Elgin and made the
application available to the public;
4. The grant will be conducted and administered in compliance with:
(A) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352 42 U.S.C. Sec 2000d et seq.)and
implementing regulations issued at 24 CFR Part I;
(B) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-208), as amended; and that the
SUBGRANTEE will administer all programs and activities related to housing and
community development in a manner to affirmatively further fair housing;
(C) Section 109 of the Housing and Community Development Act of 1974, as amended; and
the regulations issued pursuant hereto;
(D) Section 3 of the Housing and Urban Development Act of 1968, as amended;
(E) Executive Order 11246-Equal Opportunity, as amended by Executive Orders 11375 and
12086, and implementing regulations issued at 41 CFR Chapter 60;
(F) Executive Order 11063-Equal Opportunity in Housing, as amended by Executive Order
12259, and implementing regulations at 24 CFR Part 107;
15
(G) Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended, and
implementing regulations when published in effect;
(H) The Age Discrimination Act of 1975 (Pub. L. 94-135), as amended, and implementing
regulations when published for effect;
(I) The relocation requirements of Title 11 and the acquisition requirements of Title III of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended, and the implementing regulations at 24 CFR Part 42, as required under 24 CFR
570.606;
(J) The labor standards requirements as set forth in 24 CFR Part 570, Subpart K and HUD
regulations issues to implement such requirements;
(K) Executive Order 11988 relating to the evaluation of flood hazards and Executive Order
11738 relating to the prevention, control and abatement of water pollution;
(L) The flood insurance purchase requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973 (Pub. L. 93-234);
(M) The Fair Housing Act(42 U.S.C. 3601-20);
5. Its notification, inspection, testing and abatement procedures concerning lead-based paint will
comply with 570.608; and
6. When a grant is in excess of $100,000 it will comply with all applicable standards, orders, or
requirements issued under Section 308 of the Clean Air Act (42 U.S.C. 1857(h), Section 508 of
the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection
Agency regulation (40 CFR Part 15), which prohibit the use under nonexempt Federal contracts,
grants or loans, of facilities included on the EPA list of Violating Facilities. The provision shall
require reporting of violations to the County, HUD, and to the AESOP Assistant Administrator
for Enforcement(EN-329).
7. It has developed its application so as to give maximum feasible priority to activities which benefit
low and moderate income families or aid in the prevention or elimination of slums or blight; (the
application may also include activities which SUB-RECIPIENT certifies are designed to meet
other community development needs having a particular urgency because existing conditions
pose a serious and immediate threat to the health or welfare of the community, and other financial
resources are not available);
8. It is following the current City of Elgin Consolidated Plan which has been approved by HUD
pursuant to 570.306; and
9. It will not attempt to recover any capital costs of public improvements assisted in whole or in part
with funds provided under Section 106 of the ACT or with amount resulting from a guarantee
under Section 108 of the ACT by assessing any amount against properties owned and occupied
by persons of low and moderate income, including any fee charged or assessment made as a
condition of obtaining access to such public improvements, unless: (1) funds received under
Section 106 of the ACT are used to pay the proportion of such fee or assessment that relates to
the capital costs of such public improvements that are financed from revenue sources other than
under Title I of the ACT; or (2) for purposes of assessing any amount against properties owned
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and occupied by low and moderate income persons, 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. 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 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) 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, SUB-RECIPIENT certifies:
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(A) No Federal appropriated funds have been paid or will be paid, by or on behalf of 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) SUB-RECIPIENT shall require that the language of this certification be included in the
award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and
contracts under grants, loans, and cooperative agreements) and that all sub-recipients
shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by section 1352, title 31,
U.S. Code. Any person who fails to file the required certification shall be subject to a
civil penalty of not less than $10,000 and not more than$100,000 for each such failure.
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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 CITY. The undersigned also agrees there shall be no discrimination against any
employee who is employed in carrying out work from the assistance received from CITY and HUD, or
against any applicant for such employment, because of race, color, religion, sex, age or national origin,
including but not limited to employment, upgrading, demotion or transfer; recruitment or recruitment
advertising; lay off or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship.
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 CITY, HUD, and the Secretary of Labor in obtaining the
compliance of contractors and subcontractors with the equal opportunity clause and the rules,
regulations and relevant orders of the Secretary of Labor.
(4) It will furnish CITY, HUD, and the Secretary of Labor such information as they may require for
the supervision of such compliance, and will otherwise assist CITY and HUD in the discharge of
primary responsibility for securing compliance.
(5) It will refrain from entering into any contract or contract modification subject to Executive Order
11246 of September 24, 1965, with a contractor debarred from or who has not demonstrated
eligibility for government contracts and federally assisted construction contracts pursuant to the
Executive Order.
(6) It will carry out such sanctions and penalties for violation of the equal opportunity clause as may
be imposed upon contractors and subcontractors by the Secretary of Labor, CITY or HUD.
(7) In the event that SUB-RECIPIENT fails or refuses to comply with the undertaking, CITY, or
HUD may take any or all of the following actions: cancel, terminate or suspend, in whole or in
part, this grant, refrain from extending any further assistance to SUB-RECIPIENT until
satisfactory assurance of future compliance has been received; and refer the case to HUD for
appropriate legal proceedings.
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SUB-RECIPIENT: Open Door Clinic of Greater Elgin
164 Division Street, #607,Elgin, Illinois 60120
David Roesler, Executive Director
DATE: 9 -2o i
ATTEST:
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