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14-109
Resolution No. 14-109 RESOLUTION AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT SUB-RECIPIENT AGREEMENT WITH NORTHERN ILLINOIS FOOD BANK FOR THE CONSTRUCTION OF A BUILDING ADDITION 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 Northern Illinois Food Bank for the construction of a building addition at the facility located at 273 Dearborn Court, Geneva, 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 THE NORTHERN ILLINOIS FOOD BANK 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 NORTHERN ILLINOIS FOOD BANK, 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 273 Dearborn Court, Geneva, Illinois 60134. 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, submitted by SUB-RECIPIENT entitled "Salvage, Waste and Recycling Expansion" 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 construct a 3,400 square foot building addition, to provide the additional storage space to salvage and safely separate incoming food from outgoing waste and recycling to avoid contamination to the SUB-RECIPIENT's facility located at 273 Dearborn Court, Geneva, Illinois. An estimated 502,400 low and moderate-income individuals, within the 13-county service area, will benefit from the SUB-RECIPIENTS's program in its 2014 fiscal year, of which 14,000 comprised of residents which are located within the City of Elgin municipal boundaries. The subject facility will serve 100 percent low and moderate income persons as defined by 24 CFR 570.208 (a) (2) (i) (A). Such funding shall be used only for the construction of the proposed 3,400 square foot addition to the existing building and other 1 costs associated with the above activities as are consistent with the scope and intent of the PROJECT and are pre-approved by CITY staff. C. Bid Requirements 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 staffs 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 SUB-RECIPIENT shall comply with the Federal Labor Standards and Prevailing Wage Rates as applied to the Community Development Block Grant Program in accordance with Title 29 of the Code of Federal Regulations, Part 5: 1. After the start of the described work, 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. 3. SUB-RECIPIENT shall erect a sign in a prominent place at the job site crediting the City of Elgin and HUD for funding of the PROJECT by including the following statement: 2 "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 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). 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 completed. Changes to items on the pay estimate form must be authorized, in writing, by SUB-RECIPEENT (on a State of Illinois Request for Approval of Change in Plans Form BLR-228 or equivalent), and a copy of such authorization 3 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 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. 154961 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 273 Dearborn Court, Geneva, Illinois, 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 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. 4 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 post in conspicuous places available to employees and applicants for employment notices setting forth the provisions of this non-discriminatory clause. 5 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. 6 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 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 7 b. For final payment, certification that the work has been performed in a satisfactory manner and in conformance with the contract. 4. Processing of all requests for payment shall be contingent upon the submission of the required documentation by the contractor and subcontractor to 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 8 move without cause. Waiver of rights to relocation costs can only be done by a single family homeowner. D. Management Plan and Operating Budget of the Facility SUB-RECIPIENT shall maintain, and keep current, a management plan and operating budget stating policies governing the operation of the facility and shall keep this plan and budget on file with 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 the alleged deficiency, if the alleged deficiency continues to exist, in the opinion of 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 9 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 t CITY, its officers, employees, agents, boards or commissions covered by the foregoing duty to indemnify, defend and hold harmless, such action shall be defended by legal counsel of CITY'S choosing. The provisions of this paragraph shall survive any termination and/or expiration of this Agreement. B. In the event of loss of approved Grant Funds for the PROJECT as a result of any violation or breach of this Agreement by 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 10 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 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. 11 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. 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. 12 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates recited below. CITY OF ELGIN, an Illinois Municipal Corporation BY: Sean R. Stegall City Manager DATE: '?�/cE�l�{ ATTEST: Kimberly A. Dewis City Clerk SUB-RECIPIENT: Northern Illinois Food Bank 273 Dearborn Court, Geneva, Illinois 60134 BY: Julie Yur o resident DATE: ATTEST: 1 \ 13 6/12/2014 ApplD 25337 ELGIN THE CITY IN THE SUBURBS- Pomred bvZoomGrantsTA° City of Elgin Community Development Department $774,31Available of Elgin 2014 CDBG Program 1/812014 Dealine Year. Northern Illinois Food Bank Application Status: Undecided Salvage, Waste and Recycling Expansion $50,000.00 Requested Applicant Information Northern Illinois Food Application Contact Applicant History Bank Hester Bury 273 Dearborn Court hburvL@northernilfoodbank.oro Geneva, IL 60134 Tel:630-443-6910 ext.124 (previous applications Tel:630-443-6910 President&CEO from this applicant) Fax:630-443-6916 Pete Schaefer Web: oschaefer()northernilfoodbank.org www.solvehungertoday.org BN: 36-3203648 Additional Contacts DUNS: 108716408 Email Addresses,separated by comma I Application ID:25337 Become a fan of ZoomGrants-on Facebook Problems?Contact us at Questions(WoomGrants.com 02007-2014 GrantAnalyst.com All rights reserved. "ZoomGrants"and the ZoomGrants logo are trademarks of GrantAnal)st.com,LLC. Leo out https://zoo7grants-coMrapp.asp?rfpid=371&propid=25337&dtype=&f= 1/1 aIZrZUia ApplD 25337 �i� ► ELGIN THE CITY IN THE SUBURBS' Powered b y ZoomGrantsTI City of EJgin Community Development Department $ 774,315.00 Available City of Elgin 2014 CDBG Program 1/8/2014 Deadline Year. Northern Illinois Food Bank Application Status: Undecided Salvage, Waste and Recycling Expansion $ 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.gou/for the Census Tract information,(You may want to cut and paste the following link which will allowyou to search by street address:http://facfnder2.census.gov/faces/na) 8525!Census Tract 1 NA'Block Group 1 NA Census Tract 2 NA'Block Group 2 NAI Censust Tract 3 j NA�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, 0 Acquisition of Real Property 0 Disposition of Real Property Public Facilities and Improvements (e.g., homeless shelter,water and sewer facilities, flood and drainage improvements,fire protection facilities/equipment,community,senior and health centers, parking,streets,curbs, gutters and sidewalks,parks and playgrounds.) 0 Privately-Ow ned Utilities 0 Public Service(i.e., rental reimbursement, educational programming expenses,or an increase in the level of a service) 0 Relocation Payments and Assistance to Displaced Persons 0 Removal of Architectural Barriers, Handicapped Accessibility 0 Housing Rehabilitation 0 Commercial or Industrial Rehabilitation, including facade improvements and correction of code violations. https://zoong rants.comVrapp.asp?rfoid=371&propid=25337&dtype=&f•= 117 U1212014 ApplD 25337 0 Special Economic Development or assistance to micro-enterprises. 0 Other: 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 MW..cityofe/gin.org12014CDBG. 2 Benefits Low/Moderate-Income Residents 0 Prevents or Biminates Slurr✓Blight Conditions 0 Qualifies as a certif ied urgent need 4 Check all statements that describe HOW this project or activity meets one of the National Objectives below: 0 UM Area Benefit:the project meets the identified needs of UM income persons residing in an area w here at least 51%of those residents are UM income persons.The benefits of this type of activity are available to all persons in the area regardless of income. Examples:street improvements,w ater/sew er lines, neighborhood facilities,facade improvements in neighborhood commercial districts. UM Limited Clientele:the project benefits a specific group of people(rather than all the residents in a particular area), at least 51%of w hom 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 w heels for elderly,construction of job training facilities for the handicapped. 0 UM Housing:the project adds or improves permanent residential structures that w ill be occupied by UM income households upon completion. Housing can be either ow ner 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. 0 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 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 w hich are held by UM persons. 0 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 few er employees,one or more of w hom ow ns the business.) This activity must benefit low/moderate income persons,area or jobs as defined in previous sections. 0 Slum or Blighted Area:the project is in a designated slumlblight area and the result of this project addresses one or more of the conditions that qualified the area. 0 Spot Blight:the project w ill 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? 2) Limited Clientele 0 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. 502,400;What is the total estimated number of persons to be served by this project? 502,4001 What is the total estimated number of LMI persons to be served by this project? 100,What is the anticipated percentage of LM persons to be served by this https://zoomg rants.corrVrapp.asp?rfpid=371&propid=25337&dtype=&f= 21`7 611212014 AppID 25337 project? Hungry,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. The mission of Northern Illinois Food Bank is to lead the northern Illinois community in solving hunger by providing nutritious meals to those in need through innovative programs and partnerships. 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. Northern Illinois Food Bank acquires, handles and distributes nutritous food to those at risk of hunger through netw ork partner food pantries,soup kitchens,group homes,schools and youth sites. Manufacturers,distributors and retailers donate 76%of the food we distribute w ith 11%coming from government and 13% being purchased. Last year w e provided 42 million meals,serving 60,000 individuals each week in 13 counties,including Kane. Network partner food pantries have access to food through our online shopping list,paying an average of 10 cents a pound. Produce and bread are provided w ith no fees and partners receive no-cost delivery. Bghteen food bank drivers travel more than 44,000 miles each month to pick up donated food and deliver to our netw ork partners. We partner w ith 230 retailers across our 13 counties to recover perishable meat, produce, dairy and deli items that can no longer be sold. Our Child Nutrition Program provides for hungry children in the form of After School and Summer Meals,and w eekend foodfilled Backpacks. The Senior Food Box Program provides a monthly food box to 600 seniors w ho have difficulty accessing a local food pantry. Two Mobile Pantry Trucks make 30 visits each month,delivering nutritious food, including meat,produce, bread,and non-perishables,directly to low-income people in need in areas under-served by traditional pantries. The Holiday Meal Box Program provides 34,000 boxes containing ingredients for a family meal for eight people, including a turkey,vegetables, and dessert,so our hungry neighbors can celebrate the end-of-year holidays. Our awareness of the continued increase in diabetes and obesity has led us to put a high priority on providing highly nutritious food for our hungry neighbors. Foods2Encourage encourages network partners to choose foods high in essential nutrients for their clients and to provide nutrition education. The Bulk Repack Room,which opened in October 2012,allows us to repack large donations into one to tw o pound bags for our netw ork partners,yielding an average of 35,000 pounds of cereal, rice and pasta each month. bilk for MyRate delivers over 7,000 gallons of fresh 1% milk monthly to food pantries with adequate refrigeration, providing a vital source of calcium. In Bgin w e have 19 netw ork partners w ith w hom w e distributed over 2 million million meals in FY 13.More than 14,000 individuals are served monthly.We provide after-school and summer meals at four sites serving 300 children daily and serve 200 children w ith backpacks filled w ith food on the w eekends. 9 Where (address/location)will your program take place? Our West Suburban Center in Geneva serves as our headquarters and warehouse where all food is brought in to be sorted,packed and distributed to our netw ork partners.Our Bgin network partners are located throughout the city to provide access to food for residents. The proposed Salvage,Waste and Recycling expansion w ill take place at our West Suburban Center, but w ill benefit all our netw ork partners through increased efficiencies and diversion of waste from landfills. https://zoonig rants.caNrapp.asp?rfpid=371&propi d=25337&dtype=&f= 317 6/12/2014 AppID 25337 10 Is the facility and program in compliance with the Americans with Disabilities Act? 9✓ Yes O 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. NA 12 Describe the existing problems or conditions to be corrected by the proposed activity. Identify the persons affected by these conditions.Explain how the project benefits low and moderate income people. The recent Map the Meal Gap study conducted by Feeding America for our service area reported that in Kane County 54,900 residents or 10.7%of the population and 30,440 or 20.5%of children are food insecure and at risk iof hunger.The Brookings Institution also documented the fact that the number of poor people living in the Chicago suburbs now exceeds those living in the city center. (Confronting Suburban Poverty in America 2013). Poverty and food insecurity are intimately linked and buying food is often prioritized below paying rent and utility bills. In Elgin the food bank has 19 netw ork partners that include food pantries,shelters and soup kitchens to w hom w e provide non-perishable foods,meat, produce and bread. Netw ork partners pay a shared maintenance fee averaging 10 cents a pound and the food is delivered at no cost directly to the site.An average of 14,000 Elgin residents receive food each month from these network partners. The proposed exapnsion of our West Suburban Center to enable more efficient handling of incoming salvage food donations and outgoing w aste and recycling will benefit our network partners and their low-to-moderate income clients by improving our efficiency of handling and distributing food.The construction of our West Suburban Center,w hich we opened in September 2011, made possible by generous donors including the City of Elgin, has helped us almost double the amount of food w e are providing for our hungry neighbors.With the cooperation of our 800 network partners, Northern Illinois Food Bank provided 42 million meals last year,serving 60,000 individuals each w eek. Despite the increased storage, office and volunteer work space,there is one area of our new building that has become a pinch point, limiting our efficiency and safety.This is the area on the south side of the building w here we receive donated food that needs processing,and w here w e take w aste and recycling out of the building. Food that comes into this area is primarily from salvage and food drives that needs to be evaluated,cleaned and sorted by volunteers before it can be distributed through our network of food pantries. We have seen an unanticipated increase in donated food from this source that has made the area congested.We welcome and need the increased donations, but need space to handle them in a safe and efficient manner. We are planning to build a 3,400 square foot addition to the building that w ill be dedicated to waste and recycling product, so that we can devote more space to storage of salvage food,install racking and improve safety and efficiency.This project will also provide improved separation of incoming food from outgoing w aste and recycling to avoid contamination.We also plan to install an indoor w ashing station for cleaning of w aste bins. In preparation for future plans to divert food w aste from landfills,the new space w ill enable us to safely separate food that can be composted from other w aste. 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.ci tyofelgin.org/index.as px?nid=1726. O Public Safety https://zoomg rants.comVrapp.asp?rfpid=371&propid=25337&dtype=&f= 4/7 6/12/2014 ApplD 25337 0 Neighborhoods 0 Financial Stew ardship R) Economic Development 0 Dow ntow n 0 Education&Workforce Development 0 Diverse Workforce 0 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 2010$50,000-Construction of West Suburban Center 2013$75,000-Construction of West Suburban Center 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? 0 Yes 0 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 improve the efficiency of handling incoming food and outgoing waste and recycling at our West Suburban Center and to enable us to separate food that can be composted from other w aste. 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 increase food available to the low-income,food-insecure population so that no-one goes hungry through collaboration w ith food donors and our netw ork partners,including food pantries and other food assistance sites in Elgin. 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. Our objective w ith this project is to enable the food bank to accept more food donations as they become available and to start separation of compostable food from other w aste.We are anticipating that this w ill enable us to divert about 150 tons of food from the landfill annually. The food bank's overall objectives are guided by the following strategic imperatives as we prepare a strategic plan for the next five years,w ith our overall aim being"to do more w ith purpose". I. Provide nutritious food every day for every man,woman and child in need northern Illinois. We w ill ensure that every hungry neighbor has enough food to offer hope for the future they desire.We will increase our focus on our most vulnerable populations--children and seniors--with a goal of filling every cupboard in our communities. II.Strengthen food bank leadership internally by building skills and encouraging innovation. Locally and nationally,w e w ill collaborate w ith our netw ork partners and excel as a role model for other food banks in the Feeding America network, sharing replicable programs and new ideas for solving hunger. https://zoang rants.comVrapp.asp?rfpid=371&propid=25337&dtype=&f= 5t7 6/12/2014 ApplD 25337 III.Collaboratively establish regional solutions to hunger.As a facilitator and educator,we will create positive community coalitions to develop proactive solutions to hunger. Using a private/public cooperative model,w e w ill share resources and link services to provide additional assistance for our families. V. Raise awareness of our mission and be recognized as the expert for hunger relief in northern Illinois.We w ill strengthen our brand w ith new and enriched communication strategies.As momentum builds,w e w ill engage and encourage the community of individuals,companies and partners who make up our distinguished supporters to further invest in the food bank and our hunger relief solutions. We expect our strategic plan to be completed in February 2014. 19 Please indicate whether you are the designated CDBG project manager. If"Other",please provide the name of the designated staff member and title. 2 Yes 0 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". The food bank has more than twenty years of experience in managing CDBG grants from several jurisdictions.Hester Bury, Director of Corporate and Foundation Giving has five years of experience in administering CDBG grants. 21 Are you or your project manager familiar with HUD's regulations as they relate to procurement,contractors (Davis-Bacon Act),low to moderate income data reporting? R Yes 0 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. 0 The project site is a local(landmark and/or located w ithin an historic district),state or National Register property. 0 The project site is located w ithin a flood zone of floodplain. 0 The project site w ill involve demolition of an existing structure. 0 The project w ill result in an expansion of the facility. 0 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? 0 Yes 0 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." httpsl/zoorigrants.corr✓rapp.asp?rfpid=371&propid=25337&dtype=&f-- 6/7 611212014 ApplD 25337 The proposed project has a budget of$443,000.We have already secured$170,000 and have grant applications pending for the remaining amount.We w ill continue to solicit other private donors, in the event w e are not funded at the requested amounts from all funders. We w ill be grateful for any contrivution the City of Bgin can make towards this project. Application ID:25337 Became a fan of ZooaiGrants-on Facebook Problems?Contact us at Questions(dZoornGrants.com 02007-2014 GrantAnalyst.com All rights reserved. "ZoomGrants"and the ZoornGrants logo are trademarks of GranlAnalyst.can,LLC. Loa out httpsl/zoorngrants.corrVrapp.asp?rfpid=371&propid=25337&dtype=&f= N 6/1212014 ApplD 25337 A► ELGIN THE CITY IN THE SUBURBS- Poviered b v ZoomGrants'M City of Elgin Community Development Department City of Elgin 2014 CDBG Program $ 774,315.00 1Deadline 2014 Deadline Year. Northern Illinois Food Bank Application Status: undecided Salvage, Waste and Recycling Expansion $ 50,000.00 Requested Budget Budget Summary CDBG Leveraged Funds 2014 Committed Total Funds Funds Salvage Waste and Recycling $ Ex $0.00 $50,000.00 Expansion 50,000.00 Kane County Riverboat Fund $0.00 $50,000.00 $50,000.00 $ 100,000.00 Helen Brach Foundation $0.00 $35,000.00 $35,000.00 City of Naperville CDBG $0.00 $85,000.00 $85,000.00 Private Foundation $50,000.00 $50,000.0.0 Kane County CDBG $ 100,000.00 $ 100,000.00 Fidelity Charitable Fund $25,000.00 $25,000.00 $0.00 $0.00 $0.00 Grand Total Total $ $225,000.00 $ 170,000.00 $ 50,000.00 445,000.00 Capital Projects Only CDBG Other Non-federal Other federal Total Funds funds funds Land Existing structures Other Acquisition Costs Demolition/Clearance $8,000.00 $8,000.00 New construction 50,000.00 $ 160,000.00 $ 185,000.00 395,000.00 Rehabilitation Performance bond premium Construction contingency $30,000.00 $30,000.00 Architect Fees $8,000.00 $8,000.00 Engineering fees Other Architect/Engineering https://zoorrgrants.canVrapp.asp?rfpid=371&propid=25337&dtype=&f= 1/2 6/1212014 ApplD 25337 fees Appraisal fees Survey Soil boring/environmentaVLBP evaluation Tap fees and impact fees Permitting fees $2,500.00 $2,500.00 Legal fees Developer fees Project reserves Grand Total Total $ $ 208,500.00 $ 185,000.00 $ 50,000.00 443,500.00 Budget Narrative We have$170,000 committed for this project and have grant applications pending for an additional$225,000 including this request.We also plan to apply to the Kane County Riverboat Fund in April 2014. In addition w e have other private corporate and foundation donors that we plan to approach for support of this project,if our pending requests are are not granted or not funded at the requested amount. We are proud of our 10 consecutive years of a 4-star rating from Charity Navigator,a testament to our fiscal responsibility.We also have experience in managing CDBG funds for capital projects and are confident of our ability to meet HUD requirements for use of federal funds. Application ID:25337 Become a fan of ZoomGrants'"on Facebook Problems?Contact us at Questions(abZoomGrants.com ©2007-2014 GrantAnalyst.com All rights reserved. "ZoomGrants"and the ZoomGrants logo are trademarks of GrantAnalyst.corn,LLC. Loo out https://zoomgrants.comVrapp.asp?rfpid=371&propid=25337&dtype=&f= 2/2 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 1; (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; 15 (F) Executive Order 11063-Equal Opportunity in Housing, as amended by Executive Order 12259, and implementing regulations at 24 CFR Part 107; (G) Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended, and implementing regulations when published in effect; (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 16 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 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; 17 (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: (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. ]8 EXHIBIT C EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION Community Development Block Grant Program City of Elgin The undersigned understands and agrees that it is a SUB-RECIPIENT of the Community Development Block Grant Program of the CITY. The undersigned also agrees there shall be no discrimination against any employee who is employed in carrying out work from the assistance received from 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. 19 SUB-RECIPIENT: Northern Illinois Food Bank 273 Dearborn Court, Geneva, IL 60134 BY: JP2"'�X�— Jul. urko,Presi nt DATE: b4 ATTEST: S �3 20